RULES AND REGULATIONS ON ADMINISTRATIVE COMPLAINTS FOR VIOLATIONS OF LAWS INVOLVING INTELLECTUAL PROPERTY RIGHTS
Whereas, the State recognizes that an effective intellectual and industrial property system is vital to the development of domestic creativity, facilitates transfer of technology, attracts foreign investments and ensures market access for our products;
Whereas, the State recognizes that the use of intellectual property bears a social function and to this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good;
Whereas, it is the policy of the State to enhance the enforcement of intellectual property rights in the country and to protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people;
Whereas, it is the policy of the State to enhance the enforcement of intellectual property rights in the Philippines;
Now, therefore, pursuant to the provisions of Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines, the following rules and regulations on administrative complaints for violation of laws involving intellectual property rights are hereby promulgated:
Definitions, Interpretation; Rules of Court
SECTION 1. Definition of Terms – Unless otherwise indicated, the following terms shall be understood as follows:
(a) “Answer” means a pleading in which the adverse party sets forth the negative and affirmative defenses upon which he relies;
(b) “Bonds” and “Counterbonds” shall refer to cash bonds and cash counterbonds in the form of cash, cashiers check or manager’s check, excluding surety bonds and surety counterbonds;
(c) “Bureau” means the Bureau of Legal Affairs of the Intellectual Property Office;
(d) “Chief Hearing Officer” means the officer within the Bureau who exercises immediate supervision over any Hearing Officer. His title or official designation may differ from the words “Chief Hearing Officer” depending on the structure of the Office;
(e) “Complaint” means a concise statement of the ultimate facts constituting the complainant’s cause or causes of action. It shall specify the relief sought, but it may add a general prayer for such further or other relief as may be just and equitable;
(f) “Court” means a court of general jurisdiction such as Regional Trial Court;
(g) “Director General” means the head of the Intellectual Property Office;
(h) “Director” means the Director of the Bureau of Legal Affairs;
(i) “False Designation of Origin” means the act of any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact which:
(i) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person; or (ii) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services or commercial activities, shall be liable to a civil action for damages and injunction provided in Sections 156 and 157 of the IP Code by any person who believes that he or she is likely to be damaged by such act.
(j) “False or Fraudulent Declaration” means the act of any person who shall procure registration in the Office of a mark by a false or fraudulent declaration or representation, whether oral or writing, or by any false means;
(k) “Hearing Officer” means the officer within the Bureau authorized to exercise the functions of “Hearing Officer” in these Regulations. The title or official designation of such officers may differ from the words “Hearing Officer” depending on the structure of the Office;
(l) “Infringement of Copyright and Related Rights” means any violation of the rights provided under Part IV of the IP Code and/or the applicable IP Law, including the act of any person who at the time when copyright subsists in a work has in his possession an article which he knows, or ought to know, to be an infringing copy of the work for the purpose of:
(i) selling, letting for hire, or by way of trade offering or exposing for sale, or hire, the article; (ii) distributing the article for purpose of trade, or for any other purpose to an extent that will prejudice the rights of the copyright owner in the work; or (iii) trade exhibit of the article in public.
(m) “Infringement of Patent” means any violation of any of the rights of patentees and holders of utility model patents and industrial design registrations under Part II of the IP Code and/or the applicable IP Law, including the act of making, using, offering for sale, selling, or importing a patented product or a product obtained directly or indirectly from a patented process, or the use of a patented process without the authorization of the patentee;
(n) “Infringement of mark” means any violation of any of the rights of the registered owner under Part III of the IP Code and/or the applicable IP Law, including the act of any person who shall, without the consent of the owner of the registered mark and regardless of whether there is actual sale of goods or services using the infringing material:
(i) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale, offering for sale distribution, advertising of any goods or services including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
(ii) reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant feature thereof and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive;
(o) “Intellectual property rights” include:
(i) Copyright and Related Rights;
(ii) Trademarks and Service Marks;
(iii) Geographic Indications;
(iv) Industrial Designs;
(vi) Layout-Designs (Topographies) of Integrated Circuits; and
(vii) Undisclosed Information
(p) “IP Code” means Republic Act No. 8293 otherwise known as the Intellectual Property Code of the Philippines;
(q) “IP Law” means any law, in addition to the IP Code, involving intellectual property rights;
(r) “Office” means the Intellectual Property Office;
(s) “Regulations” means this set of rules and regulations and such Regulations as may be formulated by the Director of Bureau of Legal Affairs and approved by the Director General.
(t) “Unfair Competition” means the act of any person who shall employ deception or any other means contrary to good faith by which he shall pass off the goods manufactured by him or in which he deals, or his business, or services for those of the one having established such goodwill, or who shall commit any acts calculated to produce said result.
The following shall likewise constitute unfair competition:
(i) the act of selling ones goods and giving them the general appearance of goods of another manufacturer or dealer, either as to the goods themselves or in the wrapping of the packages in which they are contained, or the devices or words thereon, or in any other feature of their appearance, which would be likely to influence purchasers to believe that the goods offered are those of a manufacturer or dealer, or the act of clothing the goods with such appearance as shall deceive the public and defraud another of his legitimate trade, or the act of reselling the goods by any subsequent vendor with a like purpose.
(ii) the act of employing any other means, by artifice or device, calculated to induce the false belief that a person is offering the services of another who has identified such services in the mind of the public.
(iii) the act of making any false statement in the course of trade or any act contrary to good faith of a nature calculated to discredit the goods, business or services of another.
(u) “Violation of laws involving intellectual property rights mentioned in Rule 2 Section 2” means violation of any law relating to the intellectual property rights enumerated under Section 4 of Republic Act No. 8293.
SECTION 2. Interpretation – These Regulations shall be liberally construed to carry out the objectives of the IP Code and IP Laws and to assist the parties in obtaining just and expeditious settlement or disposition of administrative cases filed before the Office.