PART
6 OTHER
PROCEEDINGS AFFECTING THE APPLICATION OR THE REGISTRATION
CHAPTER 1.
ASSIGNMENT
Rule 600.
Form of assignment. To be acceptable for recording, the
assignment:
(a) must be
in writing
and if in a language other than English or Filipino, the document must
be accompanied by an English translation;
(b) must
be acknowledged
before a notary public or other officer authorized to administer oaths
and perform other notarial acts, and be certified under the hand and
official
seal of the said notary or other officer;
(c) must
be accompanied
by an appointment of a resident agent, if the assignee is not domiciled
in the Philippines;
(d) must
identify
the registration involved by number and date, giving the name of the
registrant
and the title of the utility model or industrial design as set forth in
the certificate; in the case of an application for registration, the
application
number and filing date of the application should be stated, giving also
the name of the applicant, and the title of the utility model or
industrial
design, set forth in the application, but if an assignment is executed
concurrently with or subsequent to the execution of the application but
before the application is filed, it should adequately identify the
application,
by its date of execution and name of the applicant, and the title of
the
utility model or industrial design; so that there can be no mistake as
to the utility model or industrial design or application intended;
and
(e) must
be accompanied
by the required recording and publication fees.
Rule
601.
Form of other instrument affecting the title to a registration
or application,
including licenses. In order to be acceptable for recording,
the form of such other instrument, including licenses, must conform
with
the requirements of the preceding rule.
Rule 602. Assignment
and other instruments to be submitted in duplicate. The
original
document of assignment, together with a signed duplicate thereof, shall
be submitted; but if the original is not available, two certified
copies
thereof may be submitted instead. After recording, the Office
shall
retain the signed duplicate or one of the certified copies, as the case
may be, and return the original or the other certified copy to the
party
filing the assignment, with a notation of the fact of recording.
Rule
603.
Date of receipt of assignment or other instrument or license
considered
its date of recording. The date of recording of an assignment
or other instruments is the date of its receipt at the Office in proper
form and accompanied by the full recording fee.
Rule
604.
Certificates may be issued to the assignee in place of the
applicant.
In the case of the assignment of a pending application for
registration,
the certificate may be issued to the assignee of the applicant,
provided
the assignment has been recorded in the Office before the actual issue
of the certificate.
Rule
605.
Action may be taken by assignee of record in any proceeding in
the Office.
Any action in any proceeding in the Office which may or must be taken
by
a patentee or applicant may be taken by the assignee, provided the
assignment
has been recorded.
CHAPTER
2.
SURRENDER, CORRECTION AND AMENDMENT OF CERTIFICATE
Rule
606.
Surrender of certificate. (a) The owner of the
registration, with
the written and verified consent of all persons having grants or
licenses
or other right, title or interest in and to the registration and the
utility
model or industrial design covered thereby, which have been recorded in
the Office, may surrender his registration, any claim or claims forming
part thereof to the Office for cancellation. The petition for
cancellation
shall be in writing, duly verified by the petitioner and if executed
abroad
shall be authenticated.
(b) Any
person may give notice to the Office of his opposition to the surrender
of a registration, and if he does so, the Bureau shall notify the
proprietor
of the registration and determine the question.
(c) If the
Office is satisfied that the registration may properly be surrendered,
it may accept the offer and, as from the day when notice of his
acceptance
is published in the IPO Gazette, the registration shall cease to have
effect,
but no action for infringement shall lie and no right compensation
shall
accrue for any use of the registered utility model or industrial design
before that day for the services of the government.
Rule
607.
Correction of mistakes of the Office. Upon written
petition,
in duplicate, of the patentee or assignee of record, and upon tender to
the Office of the copy of the registration issued to the patentee, the
Director shall have the power to correct without fee any
mistake
in a registration incurred through the fault of the Office when clearly
disclosed by the records thereof, to make the registration conform to
the
records.
Rule
608.
Correction of mistake in the application. On request
of any
interested person and payment of the prescribed fee, the Director is
authorized
to correct any mistake in the registration of a formal and clerical
nature,
not incurred through the fault of the Office.
Rule
609.
Changes in registration. (a) The owner of the
registration
shall have the right to request the Bureau to make changes in the
Certificate in order to:
(a) Limit
the extent
of the protection conferred by it;
(b)
Correct obvious
mistakes or to correct clerical errors; and
(c)
Correct
mistakes or errors, other than those referred to in letter (b), made in
good faith; Provided, That were the change would result in broadening
of
the extent of the protection conferred by the registration, no request
may be made after the expiration of two (2) years from the grant of a
registration
and the change shall not affect the rights of any third party which has
relied on the registration, as published.
Rule
610.
Form and publication of amendment or corrections. An
amendment
or correction of a registration shall be accomplished by a certificate
of such amendment or correction, authenticated by the seal of the
Office
and signed by the Director, which certificate shall be attached to the
registration. Notice of such amendment or correction shall be
published
in the IPO Gazette and copies of the registration furnished by the
Office
shall include a copy of the certificate of the amendment or
correction.
CHAPTER
3.
RECORDAL; TRANSMISSION OF RIGHTS
Rule 611. Transmission
of rights. Registration and applications for utility
models
and industrial designs shall be protected in the same way as the rights
of other property under the Civil Code. Utility models and industrial
designs
and any right, title or interest in and to registration and utility
models
and industrial designs covered thereby may be assigned, or transmitted
by inheritance or bequest or may be the subject of a license
contract.
Rule
612.
Assignment. An assignment may be of the entire
right, title
or interest in and to the registration and application for utility
models
and industrial designs covered thereby, or of an undivided share of the
entire registration and utility models and industrial designs in which
event the parties become joint owners thereof. An assignment may
be limited to a specified territory.
Rule
613.
Recording. The Office shall record assignments, licenses and
other instruments relating to the transmission of any right, title or
interest
in and to certificates of registration or application for utility
models
and industrial designs, which are presented in due form to the Office
for
registration, in books and records kept for the purpose. The
original
document together with a signed duplicate thereof shall be filed and
the
contents thereof should be kept confidential. If the original is not
available,
certified copy thereof in duplicate may be filed. Upon recording,
the Office shall retain the duplicate, and return the original or the
certified
copy to the party who filed the same and notice of the recording shall
be published in the IPO Gazette.
Such instruments
shall be void as against any subsequent purchaser or mortgagee for a
valuable
consideration and without notice unless it is recorded in the Office
within
three (3) months from the date thereof, or prior to the subsequent
purchase
or mortgage.
Rule
614.
Rights of joint owners. If two or more persons
jointly own
a registration and the utility model or industrial design covered
thereby
either by the issuance of the registration in their joint favor or by
reason
of the assignment of an undivided share in the registration and utility
model or industrial design or by reason of the succession in title to
such
share, each joint owner shall be entitled to personally make, use, sell
or import the utility model or industrial design for his own profit:
Provided,
however, That neither of the joint owners shall be entitled to grant
licenses
or to assign his right, title or interest or part thereof without the
consent
of the other owner or owners, or without proportionately dividing the
proceeds
with the other owner or owners.
CHAPTER
4.
REQUEST FOR REGISTRABILITY REPORT.
Rule
615.
Who may request for a registrability report. Any
person may,
upon payment of the required fee, request for a registrability report
concerning
registered utility model or industrial design.
Rule
616.
Contents of registrability report. The
registrability report
concerning a registered utility model or industrial design shall
contain
citations of relevant prior art documents with appropriate indications
as to their degree of relevance which may serve as an aid to the
requesting
party in the determination of the validity of the utility model
claim(s)
or the industrial design claim in respect to newness.
Where a registrability
report has been issued prior to registration, and published after
registration,
of the utility model or industrial design in accordance with these
Regulations,
the registrability report issued hereunder shall be limited to the
published
registrability report; Provided, however, That the person requesting
for
the registrability report of the registered utility model or industrial
design may expressly request that the registrability report include
such
other information or documents that may have arisen after the
registration
of the utility model or industrial design.
Rule
617.
Time within which to issue report. The
registrability report
shall be given to the party requesting within two (2) months from
receipt
of the request together with full payment of the required fee.
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