Meanwhile a separate Search and Seizure Order was executed in June 2014 against 3 other pharma retailers, leading to seizure of the same products on the basis of patent infringement. A case for infringement was filed at the IPO's Bureau of Legal Affairs. The IPO's Bureau of Legal Affairs initially dismissed the case but later reversed its decision on appeal, in favour of Merck.
The decision is odd since the parties differed and so it cannot be said that the facts are the same. So IP holders will not be inspired by this decision. However the real message is about the IPO's administrative litigation system. The fact that the court deferred to it illustrates its importance in IP litigation in the Philippines. And that it decided infringement here suggests the IPO is the best place for IP holders to bring cases.