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RULES AND REGULATIONS ON
INTER PARTES PROCEEDINGS
[PETITION FOR CANCELLATION OF A MARK, PATENT, UTILITY MODEL,
INDUSTRIAL DESIGN, OPPOSITION TO REGISTRATION OF A MARK AND COMPULSORY LICENSING]
FULL TEXT
 
FINAL PROVISIONS


Section 1. Coverage. These rules and regulations shall apply to all inter partes cases pending with the Bureau of Patents, Trademarks and Technology Transfer upon the effectivity of the IP Code on January 1, 1998, including interference proceedings declared prior to the effectivity of these Regulations and all inter partes cases filed with the Office on and after the effectivity of the IP Code.  


Section 1.1. Trademark applications pending on effective date of the IP Code; opposition; interference. The following procedure shall apply to interfering applications for registration in the principal register of marks under Republic Act No. 166, as amended, pending on the effective date of the IP Code on January 1, 1998:  

    (a) In all cases where interference may be declared under Republic Act No. 166, as amended, and its implementing rules and regulations, as amended, the application which first meets the requirements for registration shall be allowed and published for opposition in the IPO Gazette by the Director of the Bureau of Trademarks in accordance with the Rules and Regulations on Trademarks, Service Marks, Trade Names and Marked or Stamped Containers dated 30 September 1998.  

    (b) The Director of Trademarks shall notify the other applicant or applicants of the fact of allowance and publication with the advice that said other applicant or applicants have the right to file with the Bureau of Trademarks a notice of opposition, without need of paying the filing fee, to determine whether or not any of the applicant/s and or oppositor/s has the right to the registration of the mark including  all other issues such as the registrability of the mark.  

    (c) Within five (5) days from receipt of a notice of opposition from the other applicant or any of them if there be more than one other applicant, the Director of Trademarks shall endorse all the files of the allowed application and the application of the opposing applicant or applicants to the Bureau of Legal Affairs for prosecution in accordance with the provisions of these Regulations governing oppositions.  

    (d) All other oppositors, if any, shall file their notice of opposition with the Bureau of Legal Affairs in accordance with these Regulations. 


Section 2.  Implementation.  In the interest of the service and in order to ensure the continued hearing and disposition of all the cases before the Office, until the organization of the Bureau of Legal Affairs is completed, the functions necessary to implement these regulations shall be performed by the personnel of the former Bureau of Patents, Trademarks and Technology Transfer as may be designated by the Director General upon recommendation of the Chief of the Hearing Division of the Bureau of Patents, Trademarks and Technology Transfer who was heretofore designated as Officer-in-Charge or Caretaker of the Bureau of Legal Affairs.  


Section 3. Separability.  If any provision in these Regulations or application of such provision to any circumstance is held invalid,  the remainder of these Regulations shall not be affected thereby.  


Section 4.  Effectivity.  These rules and regulations shall take effect fifteen (15) days after publication in a newspaper of general circulation.  

Done this ____ day of _____________ 1998.  

 

EMMA C. FRANCISCO 
   Director General 

       
    

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