- Section 1. Title and Coverage.
- Section 2. Appeal to the Director General.
- Section 3. Appeal Memorandum.
- Section 4. Contents of the Appeal Memorandum.
- Section 5. Action on the Appeal Memorandum
- Section 6. Clarificatory Hearing.
- Section 7. Submission of Memoranda and Draft Decision.
- Section 8. Submission for Decision.
- Section 9. Decision.
- Section 10. Payment of Fees on Filing of Motions.
- Section 11. Amendments.
- Section 12. Separability
- Section 13. Filing of Certified Copies.
- Section 14. Effectivity.
Intellectual Property Office Uniform Rules On Appeal
OFFICE ORDER NO. 12 | |
Series of 2002 | |
| |
WHEREAS, there is a need to streamline the present procedure of filing cases in the Office of the Director General and to centralize the filing of cases on appeal;
WHEREAS, there is a need to promulgate a uniform rules on appeal to expeditiously settle the cases on appeal;
NOW THEREFORE, the IPO hereby promulgates these Uniform Rules on Appeal. | |
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Section 1 |
: Title and Coverage |
Section 2 |
: Appeal to the Director General |
Section 3 |
: Appeal Memorandum |
Section 4 |
: Contents of the Appeal Memorandum |
Section 5 |
: Action on the Appeal |
Section 6 |
: Clarificatory Hearing |
Section 7 |
: Submission of Memoranda and Draft Decision |
Section 8 |
: Submission for Decision |
Section 9 |
: Decision |
Section 10 |
: Payment of Fees on Filing of Motions |
Section 11 |
: Amendments |
Section 12 |
: Separability |
Section 13 |
: Filing of Certified Copies |
Section 14 |
: Effectivity |
Section
1. Title and Coverage.-
These
Rules shall be known as the “IPO Uniform Rules on Appeal.” These Rules
shall cover decisions or final orders rendered by the Director of the
Documentation, Information and Technology Transfer Bureau (DITTB), the
Director of the Bureau of Legal Affairs (BLA), the Director of the Bureau
of Patents (BOP) and the Director of the Bureau of Trademarks (BOT).
Section
2. Appeal to
the Director General.- The decisions or final orders of the Bureau
Director shall become final and executory thirty (30) days after receipt
of a copy thereof by the appellant or appellants unless, within the same
period, a motion for reconsideration is filed with the Bureau Director or
an appeal to the Director General has been perfected; Provided,
that only one (1) motion for reconsideration of the decision or order of
the Bureau Director shall be allowed; and, in case the motion for
reconsideration is denied, the appellant or appellants has/have the
balance of the period prescribed above within which to file the appeal.
Section
3. Appeal Memorandum.- The appeal shall be perfected
by filing an appeal memorandum in three (3) legible copies with proof of
service to the Bureau Director and the adverse party, if any, and upon
payment of the applicable fee, Reference Code 127 or 128, provided in the
IPO Fee Structure.
Section
4. Contents of the Appeal Memorandum.- The appeal
memorandum shall:
a) State the full name or names, capacity and address or addresses
of the appellant or appellants;
b) Indicate the material dates showing that it was filed on time;
c) Set forth concisely a statement of the matters involved, the
issues raised, the specification of errors of fact or law, or both, allegedly
committed by the Bureau Director and the reasons or arguments relied upon for the allowance of the appeal;
d) Be accompanied by legible copies of the decision or final order of
the Bureau Director and of the material portions of the record as
would support the allegations of the appeal; and
e) Contain a certification of non-forum-shopping.
Section 5.
Action on the Appeal Memorandum- The Director General shall:
a) Order the adverse party if any, to file comment to the appeal
memorandum within thirty (30) days from notice and/or order the Bureau Director to file comment and/or transmit the records
within thirty (30) days from notice; or
b) Order the appellant/appellants to complete the formal requirements
mentioned in Section 4 hereof; or
c) Dismiss the appeal for being patently without merit, Provided, that
the dismissal shall be outright if the appeal is not filed within the
prescribed period or for failure of the appellant to pay the required
fee within the period of appeal.
Section
6. Clarificatory Hearing.- The Director
General may set the case for clarificatory hearing if necessary.
Section
7. Submission of Memoranda and Draft Decision.-
Within five (5) days after the filing of the comments of both parties or
after the clarificatory hearing, the Director General shall require the
parties to submit their respective memoranda, attaching thereto draft
decisions if so desired. The memoranda and draft decisions must be
submitted within fifteen (15) days from notice.