Question & AnswerQ&A (IPOPHL MEMORANDUM CIRCULAR NO. 17-012 Series of 2017)
The purpose is to expedite the trial of cases by amending certain provisions of the regulations on administrative complaints for violation of laws involving intellectual property rights to achieve more efficient and expeditious resolution.
It was created under the authority of the Intellectual Property Code of the Philippines, specifically Sec. 10.3 and Sec. 7(a) which empower the Director General to promulgate rules and regulations and manage the functions of the Intellectual Property Office.
The Complainant has eight (8) months to present and offer evidence starting from the first trial date. The Respondent also has eight (8) months to present and offer evidence starting from the initial presentation of its evidence.
The party must manifest this intention during the pre-trial, and it shall be included in the pre-trial order. The answers to written interrogatories should be submitted within 6 months from the issuance of letters commission, with allowances for extensions if the deposition exceeds 8 months, provided all other evidence has been presented within the 8-month period.
The parties shall complete their presentation of evidence within two (2) years.
Two (2) months each are allowed for rebuttal and sur-rebuttal evidence, without extensions.
Judicial affidavits shall be used to expedite trial, serving in lieu of direct testimony as per the judicial affidavit rule.
The Hearing Officer shall resolve the formal offer of evidence within fifteen (15) days from receipt of the comment/objection or from the expiration of the 10-day comment period.
The amendments took effect on August 1, 2017.
Cases filed prior to the expedited trial procedure but not yet at pre-trial shall conform as closely as possible to the new procedures. Those already in evidence presentation must be expedited to termination within two years after effectivity.