When can an injunction be denied to a mark owner regarding infringing advertisements?
An injunction might not be available if it would delay the delivery of an issue of a periodical that is customarily conducted according to sound business practice. This applies even if the periodical contains infringing matter, provided the delay is not a tactic to evade the law. Section 159.3 Intellectual Property Code of the Philippines balances the rights of the mark owner with the practical logistics of mass media distribution. This prevents the total shutdown of a publication’s distribution over a single advertisement if it would cause undue disruption. “Provided, That such injunctive relief shall not be available… where restraining the dissemination… would delay the delivery of such issue or transmission of such electronic communication” January 7, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
