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;chanroblesvirtualawlibrary
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.cralaw:red
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).cralaw:red
Sec.
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.
Sec.
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.
Sec.
4. Contents of the Appeal Memorandum. - The appeal memorandum shall:chanroblesvirtuallawlibrary
(a)
State the full name or names, capacity and address or addresses of the
appellant or appellants;chanroblesvirtualawlibrary
(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 cralaw:red
(e)
Contain a certification of non-forum-shopping.cralaw:red
Sec.
5. Action on the Appeal Memorandum. - The Director General shall:chanroblesvirtuallawlibrary
(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.cralaw:red
Sec. 6.
Clarificatory
Hearing. - The Director General may set the case for clarificatory
hearing
if necessary.
Sec.
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.
Sec.
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.
Sec.
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.
Sec.
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.
Sec.
11. Amendments. - The following Rules and Regulations are hereby
amended:chanroblesvirtuallawlibrary
(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 cralaw:red
(g)
Part 13, Rules 1308, 1309, 1310 and 1311 of the Rules
and Regulations on Inventions.cralaw:red
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.
Sec.
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.
Sec.
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.
Sec.
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.
EMMA C.
FRANCISCO
Director General
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