Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 3 - Jul/Aug/Sep 2023
 

Proposed Guidelines for Accreditation of IPOPHL Mediators Up for Public Consultation

The Intellectual Property Office of the Philippines ("IPOPHL") has invited all stakeholders and the general public for a public consultation on the Draft Memorandum on the Accreditation of IPOPHL Mediators ("Draft Memorandum").


The Draft Memorandum seeks to amend Office Order No. 197, series of 2010 on the Guidelines for the Accreditation of IPOPHL Mediators ("Office Order"). Specifically, it seeks to amend certain provisions on the qualifications of mediators, requirements for application, selection process, accreditation, term of accreditation, and renewal of accreditation.


The Draft Memorandum requires that an accredited mediator must, among others, have at least seven years of experience in mediating cases or 10 years of legal practice involving intellectual property. For reference, the Office Order currently requires that mediators must possess at least seven years of experience in mediating cases or in legal practice involving intellectual property disputes.


The Draft Memorandum also added some requirements for accreditation in the Office Order and now requires the submission of PNP Clearance, Barangay Clearance, and an Affidavit of a Disinterested Person.

The Draft Memorandum also increases the required number of handled cases for the renewal of accreditation. Accredited mediators must mediate at least 20 cases and successfully settle at least 10 cases for their accreditation to be renewed, rather 12 and six cases respectively, under the Office Order. 


Under the Draft Memorandum, all accredited mediators shall have a term of two years, subject to renewal, instead of the one-year term provided in the Office Order.



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Gatmaytan Yap Patacsil Gutierrez
& Protacio (C&G Law)
30/F 88 Corporate Center
SedeƱo cor. Valero Streets
Salcedo Village, Makati City 1227
Philippines
http://www.cagatlaw.com


Contacts:

Ben Dominic R Yap
Managing Partner
D +632 8894 0377
F +632 8552 1978
bdryap@cagatlaw.com

Jaime Renato B Gatmaytan
Partner
D +632 8894 0377
F +632 8552 1978
jrbgatmaytan@cagatlaw.com

Norma Margarita B Patacsil
Partner
D +632 8894 0377
F +632 8552 1978
nmbpatacsil@cagatlaw.com

Anthony Mark A Gutierrez
Partner
D +632 8894 0377
F +632 8552 1978
amgutierrez@cagatlaw.com

Rajah & Tann Asia is a network of legal practices based in Asia.

Member firms are independently constituted and regulated in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement between the member firm and the client.

This update is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this update.