Question & AnswerQ&A (IPO OFFICE ORDER NO. 13-170)
The rules are known and cited as the "Rules of Procedure on Intellectual Property Rights (IPR) Enforcement."
The IPR Enforcement Office (IEO) is created to undertake enforcement functions and conduct visits related to intellectual property rights violations based on information, report, or complaint received by the Intellectual Property Office of the Philippines (IPOPHL).
The IPR Enforcement Office is headed by the Deputy Director General or an officer-in-charge for IPR Enforcement.
Counterfeit goods are any goods, including packaging, bearing without authorization a trademark identical or indistinguishable from a registered trademark or well-known mark in the Philippines, thereby infringing the rights of the owner.
Pirated goods are goods made without the consent of the right holder, which are copies made directly or indirectly from an article where making such a copy constitutes an infringement of a copyright or related right.
Any right holder or authorized representative may file a verified complaint under these rules.
The complaint must be verified and include the name and address of the complainant, power of attorney if filed by a representative, certificate of registration or ownership affidavit, name and address of the respondent, nature of the IPR violation, location details, and certification against forum shopping.
They may recommend issuing a notice/warning, visitorial order, compliance order, filing administrative complaints, referral to law enforcement, recommendation for search warrant, dismissal, referral to other agencies, or other actions to ensure compliance with the IP Code.
They must identify themselves and present the visitorial order, explain the nature of the visit and complained violation, state any findings such as visible counterfeit or pirated goods, note any objections from the establishment, and prepare a post-operation report.
There is a compliance period of not more than sixty (60) days to comply and avoid being subjected to administrative action.
The IEO shall be accompanied by concerned law enforcement agencies during enforcement functions, and may request detailed officers for assistance to ensure smooth implementation of enforcement actions.
Yes, records relating to complaints, reports, and recommendations are treated as confidential and shall not be divulged until enforcement action has been issued or conducted.
The report shall be dismissed due to lack of interest, and notice of dismissal will be relayed to the informant.