About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Finance Intangible Assets Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Office Order No. 14-068, Series of 2014, of May 27, 2014, on the Amendments to the Rules and Regulations on Inter Partes Proceedings, Philippines

Back
Latest Version in WIPO Lex
Details Details Year of Version 2014 Dates Entry into force: June 13, 2014 Adopted: May 27, 2014 Type of Text Implementing Rules/Regulations Subject Matter Enforcement of IP and Related Laws, IP Regulatory Body Notes This Office Order was issued by the Intellectual Property Office of the Philippines (IPOPHL) to further amend the Rules and Regulations on Inter Partes Proceedings.

The Amendments contains provisions on the filing requirements for oppositions and petitions, as well as the period that may be granted for completing such requirements by both the Opposers and Respondents.

The Rules and Regulations on Inter Partes Proceedings were previously amended by Office Order No. 79, series of 2005, Office Order No. 12, series of 2009 (Amendments to the IPO Uniform Rules on Appeal), and Office Order No. 99, series of 2011.

The subject amendments took effect on June 13, 2014.

Available Materials

Main Text(s) Related Text(s)
Main text(s) Main text(s) English Office Order No. 14-068, Series of 2014, of May 27, 2014, on the Amendments to the Rules and Regulations on Inter Partes Proceedings        

SECTION 1. Rule 2, Section 7 is hereby amended to read

 

SECTION 2. Rule 2, Section 8, paragraphs (c) and (d), are hereby amended to read

 

SECTION 3. Rule 2, Section 9, paragraph (d) is hereby amended to read as follows:

 

SECTION 4. Separability Clause.

 

SECTION 5. Repealing Clause.

 

SECTION 6. Filing of Certified Copies.

 

SECTION 7. Effectivity.

 

 

 

OFFICE ORDER NO. 14-068

Series of 2014

 

 

SUBJECT: AMENDMENTS TO THE RULES AND REGULATIONS

ON INTER PARTES PROCEEDINGS

 

 

Whereas, one of the strategic goals of the Intellectual Property Office of the Philippines (IPOPHL) is to provide speedy, quality and effective legal remedies and be the forum of choice to resolve IP disputes;

 

Whereas, in support of the aforementioned goal, the Bureau of Legal Affairs (BLA) continuously reviews and streamlines its operations, systems, processes, including administrative procedures, in resolving disputes and controversies involving IP rights;

 

Whereas, the Rules and Regulations on Inter Partes Proceedings were amended/modified per Office Order No. 79, s. 2005 which took effect on 01 September 2005, Office Order No. 12, s. 2009 (Amendments to the IPO Uniform Rules on Appeal), and Office Order No. 99, s. 2011 which became effective on 17 July 2011;

 

Whereas there is a need to further amend the existing rules in order to achieve a more efficient and expeditious resolution of Inter Partes cases in the Bureau of Legal Affairs;

 

Now, wherefore, the Regulations on Inter Partes Proceedings, as amended are hereby further amended as follows:

 

SECTION 1. Rule 2, Section 7 is hereby amended to read, as follows:

 

Section 7. Filing Requirements for Opposition and Petition.- (a) The opposition or petition must be in writing, verified and accompanied by a certification of non-forum shopping and in due form as prescribed by these Rules. The opposer or petitioner shall file only the original of the opposition or petition, with proof of service to the respondent or representative/agent on record. The periods to file the opposition or petition are provided in the succeeding rules.

 

x x x

 

(b) The opposer or petitioner shall attach to the opposition or petition the affidavits of witnesses, documentary or object evidence, which must be duly-marked starting from Exhibit A, and other supporting documents mentioned in the notice of opposition or petition together with the translation in English, if not in the English language. The verification and certification of non-forum shopping as well as the documents showing the authority of the signatory or signatories thereto, affidavits and other supporting documents, if executed and notarized abroad, must have been authenticated by the appropriate Philippine diplomatic or consular office. The execution and authentication of these documents must have been before the filing of the opposition or petition.

 

(c) For the purpose of the filing of the opposition, the opposer may attach, in lieu of the originals or certified copies, photocopies of the documents mentioned in the immediately preceding paragraph, as well as photographs of the object evidence, subject to the presentation or submission of the originals and/or certified true copies thereof under Sections 13 and 14 of this Rule.

 

SECTION 2. Rule 2, Section 8, paragraphs (c) and (d), are hereby amended to read as follows:

 

(c) The opposer, including those who file a motion for extension of time to file notice of opposition, or the petitioner, shall be given a period of ten (10) days from receipt of the order to complete or to cure any of the following defects:

 

(1)  Non-payment in full or in part of the filing fees and other applicable fees;

(2)  Failure to attach any of the following documents:

 

(i) Verification;

(ii)           Certification of non-forum shopping;

(iii)          Special Power of Attorney of representative(s) who sign the pleadings, the verification, and the certification of non-forum shopping; and the proof of authority to issue or execute the Special Power of Attorney; and

(iv)         Proof of authentication by the appropriate Philippine diplomatic or consular office of the foregoing documents, if executed abroad.

 

Provided, that if what are attached to the opposition or petition are mere photocopies of the abovementioned documents, the opposer or petitioner shall be required to submit the originals within 10 days from receipt of the order.

 

The 10-day period to complete or cure the defects in the filing may be extended for another 5 days upon motion by the opposer or petitioner based on meritorious grounds which shall be explicitly stated in the motion, and upon payment of the applicable fees. A second 5-day extension may be granted based on the aforementioned conditions. No third extension shall be allowed.

 

Failure to complete or cure the defect shall cause the dismissal of the case.

 

x x x

 

(d) If the opposition or petition is determined to be compliant with the requirements, or upon compliance with the order provided in par. (c), the Bureau shall immediately issue a Notice to Answer, addressed to and served upon the respondent or representative/agent on record.

 

 

SECTION 3. Rule 2, Section 9, paragraph (d) is hereby amended to read as follows:

 

(c) The respondent shall be given a period of 10 days from receipt of the order to complete or to cure any of the following defects:

 

(1)  Non-payment in full or in part of the applicable fees, for motions for extensions to file answer;

(2)  Failure to attach any of the following documents:

 

(i) Verification;

(ii)           Special Power of Attorney of representative(s) who sign the pleadings, the verification, and the proof of authority to issue or execute the Special Power of Attorney; and

(iii)          Proof of authentication by the appropriate Philippine diplomatic or consular office, of the foregoing documents, if executed abroad.

 

Provided, that if what are attached to the Answer are mere photocopies of the abovementioned documents, the respondent shall be required to submit the originals within 10 days from receipt of the order.

 

The 10-day period to complete or cure the defects in the filing may be extended for another 5 days upon motion by the respondent based on meritorious grounds which shall be explicitly stated in the motion, and upon payment of the applicable fees. A second 5-day extension may be granted based on the aforementioned conditions. No third extension shall be allowed.

 

 

SECTION 4. Separability Clause. Any portion or provision of this Office Order that may be declared invalid shall not have the effect of nullifying other portions or provisions hereof as long as such remaining portions or provisions can still subsist and be given effect in their entirety.

 

SECTION 5. Repealing Clause. All rules and regulations or parts thereof inconsistent herewith are hereby repealed or modified accordingly.

 

SECTION 6. Filing of Certified Copies. Certified copies of this Office Order shall be filed with the UP Law Center, Department of Trade and Industry, the Senate of the Philippines, the House of Representatives, the Supreme Court of the Philippines and the National Library.

 

SECTION 7. Effectivity. This Office Order takes effect within fifteen (15) days after publication in a newspaper of general circulation.

 

Signed this 27th of May 2014 at Taguig City, Philippines.

 

 

 

 

(SGD.) ATTY. ALLAN B. GEPTY

OIC-Director General


Legislation Amends (3 text(s)) Amends (3 text(s)) Implements (1 text(s)) Implements (1 text(s))
No data available.

WIPO Lex No. PH177