The Philippines: Updates on IPOPHL activities

On January 1 2017, the increase in official fees covering IP-related applications, averaging about 20%, took effect, in accordance with its Memorandum Circular No 16-012 effective. The last increase was in 2004.

In December 2016, the IPOPHL expanded its electronic filing system to cover utility models and industrial design applications. Patent applications covering inventions however would still have to be done manually. It has also engaged a third-party service provider Dragonpay which provides more payment options for online banking as well as offline over-the-counter payment centers.

Also in December 2016, the IPOPHL published its proposed amendments to the Trade Mark Regulations and asked the public to submit comments. Some of the proposed major amendments are as follows:

• No need to submit a certified copy of the priority document, if the fact of said priority application is available at the website of the foreign IP office.

• For the third year declaration of actual use (DAU), actual use during the period of extension to file the DAU shall be acceptable.

• Requests for divisional applications may be submitted at any time prior to the publication of the parent application for opposition.

• The applicant can amend the specification of goods and/or services by adding to the same, provided that said goods or services added are related to those covered by the original application and fall within the same class(es).

• The mark shall be deemed registered on the day after the expiration of the 30-day opposition period and no opposition or motion for extension was filed; or after 15 days from the last extension to the opposition filed, and no opposition was filed.

• A request for renewal of the registration must be accompanied by a statement of actual use with the DAU attached. In case of material variation, a new trade mark application must be filed.

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