The Philippines: IPOPHL proposes amendments to mediation rules

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

The Philippines: IPOPHL proposes amendments to mediation rules

All government agencies such as the Intellectual Property Office of the Philippines (IPOPHL) are directed to promote the use of alternative dispute resolution (ADR) in resolving disputes and cases. This is mandated by the ADR Act of 2004. In the IPOPHL the rules concerning mediation procedure are provided in Office Order No 154. This took effect on October 5 2010. Since then, all cases filed with the adjudication bureau of the IPOPHL, the Bureau of Legal Affairs (BLA), such as oppositions, cancellations, and intellectual property violations, are referred to mediation, after the answer has been filed. Since 2010, the office of the Alternative Dispute Resolution Services under the BLA, has settled an average of 1/3 of said referred cases, which has greatly lightened the backlog of undecided cases at the BLA. Under 154, the referral to mediation is mandatory, but the mediation itself is voluntary.

On May 5 2018, the IPOPHL released its proposed Revised Rules on Mediation and has encouraged the public to give its comments, with the objective of expediting the resolution of IP cases. The salient points of the Revised Rules are the following:

1) Mediation shall be mandatory for all cases, except for IP violation cases with applications for temporary restraining order/preliminary injunction.

2) Cases subject to mediation include: (i) administrative complaints for IP violations; (ii) inter partes cases; (iii) disputes involving technology transfer payments; (iv) disputes relating to the terms of a licence involving the author's right to public performance or other communication of his work; (v) appeals to the office of the director general.

3) Parties are directed to appear before the ADRS, with powers of attorney, if applicable.

4) The mediation proceedings shall be conducted within the IPOPHL offices, but the parties can request that mediation be conducted at other venues. However, all related expenses, shall be borne by the parties.

5) Failure to appear by any party during the mediation proceedings shall be a ground to dismiss the case.

The proposed revised rules maintain the current mediation fees.

Hechanova

Editha R Hechanova

Hechanova & Co., Inc.

Salustiana D. Ty Tower

104 Paseo de Roxas Avenue

Makati City 1229, Philippines

Tel: (63) 2 812-6561

Fax: (63) 2 888-4290

editharh@hechanova.com.ph 

www.hechanova.com.ph

more from across site and SHARED ros bottom lb

More from across our site

Stephenson Harwood’s trademark prosecution push and patent ambitions could complement Taylor Wessing’s remaining but depleted European IP strength following its UK arm’s departure
Gerben IP’s first woman partner, Sophie Edbrooke, explains how boutique life allowed her to broaden her expertise, take on leadership responsibilities and carve out a route to the top
INTA has a right to protect its Annual Meeting, but making it harder for others to hold similar events risks leaving delegates with a bigger travel bill
The firm says it hopes to capture patent litigation work in Texas by arming itself with experienced trial lawyers with venue expertise
Ken Iijima's arrival continues a trend of ex-Pizzeys practitioners joining RnB IP, whose co-founder says independent ownership and a lucrative compensation model have become attractive in a consolidating market
McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
The ITC is a powerful tool for litigators, practitioners say, as the threat of an exclusion order on a critical tech component could mean disrupting the entire data centre's operations
Gift this article