The Intellectual Property Office of the Philippines (IPOPHL) issued Memorandum Circular No. 2022-013 on the Amendments to the Rules and Regulations on Inter Partes Proceedings ("Amended Rules"), which took effect on 30 June 2022. The Amended Rules aim to modernise the procedure for the adjudication of intellectual property ("IP") cases by using information and communication technology, and to streamline the procedure in Inter Partes cases to improve the accessibility, resiliency, and cost efficiency of IPO's services. Inter Partes proceedings include oppositions to applications for trademark registration, petitions to cancel registration, and petitions for compulsory licensing.
Under the Amended Rules, the filing and service of pleadings, motions, manifestations, interlocutory orders, notices, summons, and other processes shall be done through electronic mail ("e-mail"). Copies of decisions, final orders, and entries of judgements shall also be served via e-mail.
The filing of a single pleading (such as an opposition, petition, or answer) involving more than one application or registration is also now allowed, provided that the same parties are involved.
To expedite proceedings, the extension period that may be granted for the filing of oppositions and answers has been shortened. Under the Amended Rules, only a single extension of 45 calendar days to file the opposition or answer is allowed upon a motion founded on meritorious grounds. Moreover, adjudication officers are now mandated to issue their decisions within a shorter period of 20 calendar days from the date the case is deemed submitted for decision, extendable for another 20 calendar days for justifiable reasons.
On the other hand, the period to file an appeal to the Director of the Bureau of Legal Affairs was increased from 10 calendar days to 15 calendar days from receipt of the decision or final order of adjudication officer. This period may be extended for another 15 calendar days on meritorious grounds.
