Philippines pushes for online mediation

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Philippines pushes for online mediation

Sponsored by

hechanova-400px.png
adobestock-275672241.jpeg

Editha R Hechanova of Hechanova & Co Inc explains the main provisions of the two memorandum circulars that call for more effective mediation services

The Intellectual Property Office of the Philippines (IPOPHL) has issued Memorandum Circular No. 2020-047 (the Amendments to the Revised Rules on Mediation) and Memorandum Circular No. 2020-048 (the Amendment to the Rules of Procedure for IPOPHL Mediation Outside of Litigation), which took effect on April 3 2021.

Voluntary online mediation was first offered by the IPOPHL in May 2020 to avoid the disruption of its adjudication services, as quarantine protocols to combat the pandemic were being enforced across the Philippines.

Having started offering mediation services in 2011, the IPOPHL has so far contributed in resolving about 30% of the disputes filed before its adjudication office, the Bureau of Legal Affairs (BLA). This  an impressive record which WIPO has recognised.

Memorandum Circular No. 2020-047

Mandatory online pre-mediation conference where the parties will be briefed on the mediation process, including the WIPO option for cases involving cross-border disputes;

The parties may still opt for a face-to-face physical mediation conference, and shall be free to determine the venue outside of the IPOPHL but all related expenses such as transportation, food, accommodation, etc. shall be borne by the parties or as they may agree upon;

Should the party who initiated the case fail to appear during the mediation or pay the mediation fees, the case shall be dismissed; and if the failure is the respondent’s, the latter shall be declared as in default;

If the mediation is successful, the parties shall submit by email their compromise agreement to the BLA’s alternative dispute resolution services, which will forward the same to the originating office, and if approved, the compromise agreement shall have the effect of a decision or judgment on the merits and shall be immediately executory; and

Should the parties fail to settle their dispute during the mediation period, the mediator shall declare the mediation as unsuccessful and terminate the proceedings by issuing a notice of non-settlement of dispute.

Memorandum Circular No. 2020-048

The memorandum allows parties to file a request for mediation before any action has been filed, and follows the same procedure as in Memorandum Circular No. 2020-047.

The WIPO option refers to the agreement between the IPOPHL and the WIPO Arbitration and Mediation Center (WIPO-AMC), which enables IP disputes at IPOPHL to be referred to the WIPO-AMC, that assists parties in the selection of mediators and offers facilitation services, particularly for parties belonging to different jurisdictions.

To encourage the use of the WIPO option, the WIPO-AMC has waived the payment of its administration fee of $100 and reduced the mediator’s fee to the same rate as the IPOPHL’s mediation fee.

Editha R Hechanova

President, Hechanova & Co

E: editharh@hechanova.com.ph

more from across site and SHARED ros bottom lb

More from across our site

David Aylen, who spent more than 20 years at Gowling WLG, has joined United Trademark and Patent Services as of counsel in the UAE
Europe is among the most lucrative legal markets for PE firms to bet on, but clients’ reactions will decide whether external investment drives success
Rulings of note covered pre-June 2023 infringements and jurisdiction over non-UPC states, while winners of Managing IP’s EMEA Awards acted in multiple cases
Jason Blair, a former special marks examiner, said Dykema’s Texas presence will help him build deeper connections with clients
Lee Curtis and Rachel Platts at HGF discuss the rise of the ‘intention economy’ and its impact on trademark law
Martin Wintermeier discusses taking a hit for clients, not letting stress get to you, and why being a criminal defence lawyer might have been fun
Exclusive data and analysis reveal why clients feel external legal teams aren’t providing business-centric advice
The head of the soft IP team at engineering group Sandvik, winner of the in-house team of the year award, reveals why a flurry of M&A activity led to a busy 2024
Lawyers at Herbert Smith Freehills outline what rights owners should be doing ahead of sweeping changes to EU design law
Deals between five more law firms and President Trump and an antitrust lawsuit against Amgen were also among the top talking points this week
Gift this article