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RULE
12 ADMINISTRATIVE
PENALTIES AND SANCTIONS
Section
1. Administrative penalties imposable. After formal
investigation,
the Director, may impose one (1) or more of the following
administrative
penalties:
(a) Issuance of a
cease and desist order which shall specify the acts that the respondent
shall cease and desist from and shall require him to submit a
compliance
report within a reasonable time which shall be fixed in the Order;
(i) The acceptance
of a voluntary assurance of compliance or discontinuance as may be
imposed.
Such voluntary assurance may include one or more of the following:
(a) An
assurance
to comply with the provisions of the Intellectual Property Law
violated;
(b) An
assurance
to refrain from engaging in unlawful and unfair acts and practices
subject
of the formal investigations;
(c) An
assurance
to recall, replace, repair or refund the money value of defective goods
distributed in commerce;
(d) An
assurance
to reimburse the complainant the expenses and costs incurred in
prosecuting
the case in the Bureau;
(e) The
Director
may also require the respondent to submit periodic compliance reports
and
file a bond to guarantee compliance of his undertaking.
(ii) The condemnation
or seizure of products which are subject of the offense. The
goods
seized hereunder shall be disposed of in such manner as may be deemed
appropriate
by the Director, such as by sale, donation to distressed local
government
or to charitable or relief institutions, exportation recycling into
other
goods, or any combination thereof, under such guidelines as he may
provide;
(iii) The forfeiture
of paraphernalia and all real and personal properties which have been
used
in the commission of the offense;
(iv) The imposition
of administrative fines in such amount as deemed reasonable by the
Director,
which shall in no case be less than Five Thousand Pesos (P5,000.00) nor
more than One Hundred Fifty Thousand Pesos (P150,000.00). In
addition,
an additional fine of not more than One Thousand Pesos (P1,000.00)
shall
be imposed for each day of continuing violation;
(v) The cancellation
of any permit, license, authority, or registration which may have been
granted by the Office, or the suspension of the validity thereof for
such
period of time as the Director may deem reasonable which shall not
exceed
one (1) year;
(vi) The withholding
of any permit, license, authority or registration which is being
secured
by the respondent from the Office;
(vii) The assessment
and award of damages;
(viii) Censure;
(ix) Other analogous
penalties or sanctions such as those provided under Section 216 of the
IP Code.
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