أمر المكتب رقم 12 مجموعة 2002، حول القواعد الموحدة بشأن الاستئناف في مكتب الملكية الفكرية، الفلبين

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.
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.

Section

8. Submission for Decision.- The case is deemed

submitted for decision upon the filing of the memoranda and draft

decisions, if any, of the parties or the filing of the last pleading

required by these Rules or by the Director General.

The case is also deemed submitted for decision after the lapse of the period

prescribed by these rules or by the Director General whether or not the

parties submitted the last pleading required.

Section

9. Decision.- The decision or order of the Director

General shall be final and executory fifteen (15) days after receipt of a

copy thereof by the parties unless appealed to the Court of Appeals in

case of appeals from decisions or final orders of the BLA, BOP and BOT, or

the Secretary of the Department of Trade and Industry in case of appeals

from the decisions or final orders of the DITTB. The appeal shall not stay

the decision or order of the Director General unless the Court of Appeals

or the Secretary of the Department of Trade and Industry directs

otherwise. No motion for reconsideration of the decision or order of the

Director General shall be allowed.

Section

10. Payment of Fees on Filing of Motions.- All

motions filed by the appellant or appellants shall require the payment of

the corresponding fee prescribed by the IPO.

Section

11. Amendments.- The following Rules and Regulations are hereby amended:

a) Part 11, Rules 1108, 1109,1110 and 1111 of the Trademark Regulations;

b) Part 4, Rules 27, 28, and 29 of the Rules and Regulations on

Voluntary Licensing;

c) Sections 19, 20, 21 and 22 of the Rules on Dispute Settlement;

d) Rule 9 of the Regulations on Inter Partes Proceedings;

e) Rule 14 of the Rules and Regulations on Administrative Complaints

for Violation of Laws Involving Intellectual Property Rights;

f) Part 7, Rules 707, 708, 709 and 710 of Utility Model and Industrial

Design Regulations; and

g) Part 13, Rules 1308, 1309, 1310 and 1311 of the Rules and

Regulations on Inventions.

All other rules and regulations, office

orders, memoranda, circulars and parts thereof inconsistent with these

Rules are also amended: Provided, That all cases on appeal to the Director

General filed prior to the effectivity of these Rules, shall continue to

be governed by the applicable Rules under which said appeals were filed.

Section

12. Separability. If any provision in these

Rules or application of such provision to any circumstance is held

invalid, the remainder of these Rules shall not be affected thereby.

Section

13. Filing of Certified Copies. The

authorized Records Officer of the IPO is hereby directed to immediately

file three (3) certified copies of these Rules with the UP Law Center, and

one (1) certified copy each with the Office of the President, the Senate

of the Philippines, the House of Representatives, the House of

Representatives, the Supreme Court of the Philippines and The National

Library.

Section

14. Effectivity. These

Rules shall take effect on 15 March 2002 after publication in the IPO

website and in a newspaper of general circulation not later than 28

February 2002.

Done in the City of Makati, this 8th day of February 2002.

(Sgd.)

EMMA C. FRANCISCO, Director General