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Copyright Infringement Cease And Desist Letter for Philippines

Copyright Infringement Cease And Desist Letter Template for Philippines

A formal legal document issued under Philippine jurisdiction to demand the immediate cessation of unauthorized use, reproduction, or distribution of copyrighted material. This document serves as an official warning to the alleged infringer, citing relevant provisions of the Intellectual Property Code of the Philippines (Republic Act No. 8293) and related legislation. It outlines specific instances of infringement, demands immediate cessation of infringing activities, and details potential legal consequences under Philippine law if the recipient fails to comply with the stated demands.

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What is a Copyright Infringement Cease And Desist Letter?

A Copyright Infringement Cease and Desist Letter is a critical legal instrument used when unauthorized use of copyrighted material is discovered in the Philippines. This document is typically deployed as a first formal step in addressing copyright infringement, before initiating court proceedings. It must comply with Philippine intellectual property laws, particularly the Intellectual Property Code (RA 8293) and related regulations. The letter serves multiple purposes: it formally documents the infringement, establishes the copyright owner's vigilance in protecting their rights, and provides the infringer an opportunity to cease their activities before legal action is taken. The document should clearly identify the copyrighted work, detail the specific infringing activities, and outline the demanded actions, all while adhering to Philippine legal requirements and professional standards.

What sections should be included in a Copyright Infringement Cease And Desist Letter?

1. Sender Information: Full legal name, address, and contact details of the copyright owner or their legal representative

2. Recipient Information: Full legal name, address, and contact details of the alleged infringer

3. Copyright Ownership Declaration: Clear statement of ownership of the copyrighted work, including registration details if applicable

4. Description of Infringement: Detailed description of the specific infringing activities, including dates, locations, and nature of infringement

5. Legal Basis: Citation of relevant laws under the Philippine Intellectual Property Code and other applicable legislation

6. Cease and Desist Demands: Specific actions required from the recipient, including immediate cessation of infringing activities

7. Deadline for Compliance: Clear timeline for the recipient to comply with the demands

8. Consequences of Non-Compliance: Statement of legal actions that will be taken if demands are not met

9. Closing: Formal closing statement and signature block

What sections are optional to include in a Copyright Infringement Cease And Desist Letter?

1. Monetary Demands: Section requesting compensation for damages, if applicable

2. Previous Communications: Reference to any prior attempts to resolve the matter, if any exist

3. Certification of Good Faith: Statement certifying belief in the validity of claims, particularly useful for digital/online infringement cases

4. Settlement Terms: Proposed terms for amicable resolution, if the copyright owner is open to settlement

What schedules should be included in a Copyright Infringement Cease And Desist Letter?

1. Evidence of Copyright Ownership: Copies of copyright registration certificates or other proof of ownership

2. Documentation of Infringement: Screenshots, photographs, or other evidence of the infringing use

3. Prior Communications Log: Copies of previous correspondence regarding the infringement, if any

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Philippines

Cost

Free to use

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