QuestionsQuestions (IPO OFFICE ORDER NO. 151, S. 2011)
The Office Order cites Rule 5, Sec. 3 of the Rules and Regulations on Administrative Complaints for Violation of Laws Involving Intellectual Property Rights (IPV Rules), as amended, which allows posting of surety bond in lieu of cash bond subject to guidelines that may be issued by the Intellectual Property Office of the Philippines (IPO).
Bonds are required for the issuance of injunctions and/or temporary restraining orders in IPV cases.
The surety bond must be secured from the list of insurance companies accredited by the Supreme Court of the Philippines.
The surety bond must be submitted to the Bureau of Legal Affairs in accordance with Rule 5, Sec. 3 of the IPV Rules.
It must be accompanied by a certified copy of a valid Certificate of Accreditation and Authority issued by the Supreme Court of the Philippines, and other documents showing authority to transact with judicial, quasi-judicial, and administrative bodies or agencies.
To the Bureau of Legal Affairs.
Rule 5, Sec. 3 of the IPV Rules.
It allows posting of surety bond in lieu of cash bond only subject to the enumerated conditions (accredited insurer, proper submission, and required supporting documents).
The surety bond must come from insurance companies accredited by the Supreme Court of the Philippines.
To comply with the IPV Rules’ requirement for injunctions and/or temporary restraining orders, i.e., to provide security in connection with such provisional relief.
Fifteen (15) days after publication in a newspaper of general circulation.
Publication in a newspaper of general circulation.
Three (3) certified copies of the Office Order must be filed in the University of the Philippines Law Center.
The Department of Trade and Industry, the Senate of the Philippines, the House of Representatives, the Supreme Court of the Philippines, and the National Library.
Ricardo R. Blancaflor, Director General.
It would fail to comply with the third condition, since the supporting certified copy and other authority documents are required to accompany the surety bond.
Use a Supreme Court-accredited insurance company; submit the bond to the Bureau of Legal Affairs under Rule 5, Sec. 3; and attach a certified copy of the Supreme Court Certificate of Accreditation and Authority plus other proof of authority to transact with relevant bodies.