IP Adjudication

The Bureau of Legal Affairs (BLA), pursuant to Sec. 10 of Republic Act 8293, also known as the Intellectual Property Code of the Philippines (IP Code), as amended, has the administrative jurisdiction to:

Hear and decide Inter Partes cases (IPC) such as:
1. 1. Opposition to the application for registration of marks;
  2. Cancellation of trademarks;
  3. Cancellation of patents, utility models, and industrial designs; and
  4. Petitions for compulsory licensing of patents;
Exercise original jurisdiction in administrative complaints for violations of laws involving intellectual property rights (IPV) where the total damages claimed are not less than Two hundred thousand pesos (P200, 000). Provisional remedies such as temporary restraining order, preliminary injunction and attachment may be granted in accordance with the Rules of Court. The Director has the power to hold and punish for contempt all those who disregard orders or writs issued in the course of the proceedings and after hearing impose administrative penalties. This includes:
1. 1. Infringement of trademark;
  2. Unfair competition;
  3. Infringement of patent, utility model and industrial design;
  4. Infringement of copyright and related rights;
  5. False designation of origin

FILING REQUIREMENT AND FEES

PROCESS FLOW FOR IPC AND IPV CASES

ADMINISTRATIVE PENALTIES FOR IP VIOLATIONS

RULES AND REGULATIONS

STATISTICS

ADJUDICATION UNITS

ADMINISTRATIVE PENALTIES FOR IP VIOLATIONS

The Director of the BLA, after trial, may impose the following administrative penalties:

The 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;
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:

1. An assurance to comply with the provisions of the intellectual property law violated;
2. An assurance to refrain from engaging in unlawful and unfair acts and practices subject of the formal investigation;
3. An assurance to recall, replace, repair, or refund the money value of defective goods distributed in commerce; and
4. An assurance to reimburse the complainant the expenses and costs incurred in prosecuting the case in the Bureau of Legal Affairs.

The Director of Legal Affairs may also require the respondent to submit periodic compliance reports and file a bond to guarantee compliance of his undertaking;

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 of Legal Affairs, such as by sale, donation to distressed local governments or to charitable or relief institutions, exportation, recycling into other goods, or any combination thereof, under such guidelines as he may provide;
The forfeiture of paraphernalia and all real and personal properties which have been used in the commission of the offense;
The imposition of administrative fines in such amount as deemed reasonable by the Director of Legal Affairs, which shall in no case be less than Five thousand pesos (P5,000) nor more than One hundred fifty thousand pesos (P150,000). In addition, an additional fine of not more than One thousand pesos (P1,000) shall be imposed for each day of continuing violation;
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 of Legal Affairs may deem reasonable which shall not exceed one (1) year;
The withholding of any permit, license, authority, or registration which is being secured by the respondent from the Office;
The assessment of damages;
Censure; and
Other analogous penalties or sanctions.

RULES AND REGULATIONS

IPC Rules

Rules and Regulations on Inter Partes Proceedings (Effective October 05, 1998)
Office Order No. 018 s. 1998 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)
Amendments to the Regulations on Inter Partes Proceedings (as Amended by Office Order Nos. 18, s. 1998 and as Modified by Office Order No. 12, s. 2002
Office Order No. 99 s. 2011 Amendments to the Rules and Regulations on Inter Partes Proceedings
Office Order No. 14-068 s. 2014 Amendments to the Rules and Regulations on Inter Partes Proceedings
IPOPHL Memorandum Circular 16-007 Revised Rules on Inter Partes Proceedings
IPOPHL Memorandum Circular No. 2019-024 Amendments to the Rules and Regulations on Inter Partes Proceedings

IPV Rules

Rules and Regulations on IPV Cases
Office Order No. 186, s. 2010 Enhancing the Enforcement of Intellectual Property Rights by Amending Certain Provisions of the Regulations on Administrative Complaints for Violation of Law Involving Intellectual Property Rights Rules
IPOPHL Memorandum Circular 17-012 Expediting the Trial of Cases by Amending Certain Provisions of the Regulations on Administrative Complaints for Violation of Law Involving Intellectual Property Rights
Memorandum Circular 17-015 Erratum on IPOPHL Memorandum Circular No. 17-012

MEMO CIRCULARS FOR BOTH IPV AND IPC ISSUED ON 2020

STATISTICS

ADJUDICATION UNITS

Atty. Nathaniel S. Arevalo
Director

Atty. Christine Pangilinan-Canlapan
Assistant Director

ADJUDICATION UNIT 1	ADJUDICATION UNIT 2
Atty. Adoracion U. Zare, Division Chief	Atty. Josephine C. Alon, Division Chief
Members:	Members:
Atty. Ginalyn Sacmar - Badiola Atty. Leonardo Oliver Limbo	Atty. Marlita V. Dagsa Atty. Z'sa May S. Pe Lim

Legal Assistants:	Legal Assistants:
Cherry Burgos Ma. Evangeline Dapon	Cherry Burgos Merlyn Casongsong

Stenographer:	Stenographer:
Maritess Nabo	Angelie Duruin

IPOPHL PRIVACY STATEMENT

By submitting your opposition, complaint, petition, report, request or any document to us, manually or electronically, and/or ticking the box signifying your agreement to the processing and disclosure of personal data, you hereby give your consent for IPOPHL to collect, record, store, organize, modify, use, share, redact, erase, and/or otherwise process all data received from you in accordance with Republic Act No. 10173 otherwise known as Data Privacy Act of 2012. The personal information and sensitive personal information obtained may be used in relation to the processing of the application, request or document, and other functions or activities of IPOPHL, including: documentation, communication or notification; public disclosure or posting; publication; incorporation in the processing system; office reporting or presentation; research; sharing to partner institutions, both locally and internationally; profiling for customization, process improvement, delivery of services and other office projects or programs; and for all other legitimate purposes in accordance with IPOPHL’s mandate, other existing laws and treaty obligations.

For IPOPHL's Data Privacy Policy, see https://www.ipophil.gov.ph/privacy-policy/