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A Cease and Desist Letter is used as a formal request to the recipient to stop (cease) and not continue (desist) any unwelcome or illegal behavior. If the recipient fails to comply with the request, the sender should be prepared to take further legal action to stop the behavior that is harming or interfering with the sender's rights and abilities to conduct business.
This Cease and Desist Letter is specifically drafted to address a copyright infringement. A copyright is the collection of all the rights that protects the author or owner of a creative work such as an artistic or literary work (the "work"). Copyright begins from the moment of creation of the work. There is infringement when a person or entity violates the rights of author or owner of the work.
If the rights to a mark used in commercial purposes, such as a brand name or logo, is being infringed, a Trademark Infringement Cease and Desist Letter should be used.
How to use this document
This document can be used by anyone whose copyrights are being infringed. The user should complete the information required in the document. Once completed, the sender should print and sign the document. If there will be any attachments to the letter, the sender should attach the same to the letter.
The letter can be sent by registered mail or by personal service.
There are no laws outlining what must be included in a Cease and Desist Letter. However, it is important to include a detailed description of the offending behavior and a clear demand to stop the behavior otherwise legal action may be taken. The Cease and Desist Letter can also be used as evidence that the recipient was put on notice about their offending behavior so the more detailed the letter, the better.
Republic Act No. 8293 (the "Intellectual Property Code of the Philippines") may be relevant to this matter, especially if the offending behavior does not stop and further action becomes necessary.
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