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

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

As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
A team from Cooley shares how they overturned a massive damages award by emphasising that the opposing company’s trade secrets claims were time-barred
A decision finding Google liable for trademark infringement and the launch of a new IP services group were also among the top talking points
Law firms across the world are seemingly united in their reluctance to give juniors a chance, which shouldn’t be the case
In-house counsel say they want more visibility for the next generation of lawyers, but private practice practitioners believe jurisdictional challenges stand in their way
IP STARS, Managing IP’s accreditation title, reveals this year’s first rankings, showing how firms in Asia-Pacific are performing across a range of practice areas
A dispute over buggies, a decision on the UPC’s jurisdiction, and the formal launch of the Patent Mediation and Arbitration Centre were among the top developments
Sofie McPherson says she is excited to work at a firm that offers an integrated approach between attorneys and litigators
Personality rights are among several measures the government must take to maximise the potential of the music licensing market, say lawyers
Pascal Faure, director general of INPI, explains why keeping a cool head is key, and discusses plans to leverage IP assets to secure funding
Gift this article