Recent Developments

On 3 July 2020, the Intellectual Property Office of the Philippines (IPOPHL) issued Memorandum Circular No. 2020-21 entitled "Advisory on IPOPHL Services re Conduct of Hearings/Conferences in Inter Partes Cases (IPC) and IP Rights Violations Cases (IPV)" (Advisory). The Advisory supplements the existing rules on Inter Partes Cases (IPC) and IP Rights Violations Cases (IPV), primarily in view of the continued limited mobility across many areas in the country, and the need to ensure safety in light of the COVID-19 pandemic.

Salient points from the Advisory:

1. Parties to IPC and IPV may file a joint request with the Bureau of Legal Affairs (BLA) of the IPOPHL, through blaonlinehearinq@ipophil.qov.ph, for the conduct of the hearing (preliminary conference, hearing, pre-trial and trial) through online video conferencing. The joint request must indicate the e-mail addresses of the parties.
2. After the submission of the joint request, the parties will then be notified via email of the time, date, and link or information on how to join the online video conference. Note that any unauthorized sharing by any party of the said details may be dealt with fines and/or other sanctions.
3. All participants must be visible during the proceedings. The parties may be required to provide multiple angles when presenting a witness to prevent the occurrence of coaching.
4. The hearings via videoconference shall be similar to an in-court proceeding. As such, all those participating therein must be in the appropriate attire.
5. If during the hearing via videoconferencing, the Adjudication or Hearing Officer issues an order or decision, a copy of such order or decision shall be furnished the parties, which may be done through email. The parties may secure certified true copies of the order or decision upon request.
6. The proceedings will be recorded by the BLA, and the recording will be kept as part of the case files. The stenographer must still transcribe the stenographic notes to be attached to the records of the case, certify the correctness of the transcript, and indicate that the hearing was conducted through videoconferencing. No other person may record the said proceedings.
7. The parties’ online submission relating to the hearing conducted via videoconference must be received by the Adjudication Officer, through the official email addresses of the BLA, and other parties at least three (3) days before the scheduled hearing. The hard copies of the parties’ submissions and pleadings must be filed within ten (10) days from the scheduled hearing.

Actions to consider

Clients with pending IPC and IPV cases are advised to consider availing of videoconferencing for the conduct of preliminary conference, hearing, pre-trial and trial, in order to ensure the continued progress of their cases with the IPOPHL. Clients who decide to avail of the online videoconferencing may communicate with our lawyers, in order to attend to the requirements set by the IPOPHL in relation to these hearings or conferences. 

*Authored by Quisumbing Torres, a member firm of Baker & McKenzie International, a Swiss Verein. Please contact QTInfoDesk@quisumbingtorres.com for inquiries.