QuestionsQuestions (OFFICE ORDER NO. 13 - 170)
These Rules shall be known and cited as the "Rules of Procedure on Intellectual Property Rights (IPR) Enforcement".
Any right holder or authorized representative may file a verified complaint under these Rules.
Counterfeit Goods means any goods including packaging, bearing without authorization a trademark which is identical or cannot be distinguished in its essential aspects from a trademark validly registered with the IPOPHL or a well-known mark declared as such by a competent authority in the Philippines, thereby infringing the rights of the trademark owner.
The IEO receives and dockets complaints or reports relating to IPR violations; evaluates complaints and takes appropriate enforcement actions; coordinates with right holders and government agencies; formulates enforcement policies and programs; keeps enforcement records; and assists in enforcing orders, writs, and processes issued by IPOPHL.
A complaint must contain the name and address of the complainant; power of attorney or authority of the representative; certificate of registration of the IP involved or certification of ownership; name and address of the respondent; nature of the IPR violation; details of the place to be visited; and certification against forum shopping.
They may issue notices or warnings, visitorial orders, compliance orders, file administrative complaints, refer cases to law enforcement agencies, recommend application for search warrants, dismiss complaints, or refer cases to other agencies for violation of other laws.
A visitorial order is an order issued to conduct visits to establishments allegedly violating IPR. It is valid for no more than ten (10) days from issuance.
Authorized personnel must act courteously and identify themselves, present the visitorial order, explain the nature of the visit, and note any objections or justifications made by the owners or representatives in the post-operation report.
A compliance order is issued to a business establishment to comply with the provisions of the IP Code. The entity has a compliance period of not more than sixty (60) days to avoid administrative action.