QuestionsQuestions (BSP CIRCULAR NO. 253)
It covers inter partes (IPC) and Intellectual Property Rights Violations (IPV) cases in the Bureau of Legal Affairs (BLA) of the IPO.
They proceed under the applicable rules governing IPC and IPV cases, but parties may still submit to mediation. For cases past pre-trial stage or summary procedures not yet submitted for decision (except default), parties may also manifest in writing to submit to mediation.
The Notice of Pre-Trial sent to the parties must be accompanied by an Invitation to mediate signed by the BLA Director; parties must manifest agreement to submit within 15 days from receipt.
If not yet submitted for decision (and not where a party has been declared in default), parties may manifest in writing that they are submitting the case for mediation.
Upon agreement, the Hearing Officer must immediately issue an order setting the Mediation Conference date, which shall not be later than ten (10) days from the date of the order.
The mediator may be mutually chosen by the parties from the list of accredited IPO mediators posted on the IPO website.
If the names identified by the parties are not the same person, the mediator shall be selected through a raffle.
No. Mediators from the BLA are disqualified from cases pending at the Bureau.
The IPO is the default venue. The BLA Director may authorize another venue upon written request by either party if necessary to expedite and if the other party agrees; costs incurred (transportation, accommodation, per diem) are borne equally by both parties.
The parties themselves must be present. A representative may appear if fully authorized in writing via a Special Power of Attorney to enter into a Compromise Agreement on behalf of a party.
The representative must present a Board Resolution or Secretary’s Certificate designating and authorizing the representative to enter into a Compromise Agreement.
The mediator is not bound by strict adherence to technicalities and must give every opportunity for the parties to present their positions with the objective of reaching an agreement.
It must be submitted not later than sixty (60) days from the date of the Mediation Conference.
Within two (2) days from receipt, the mediator issues an order submitting the Compromise Agreement to the BLA Director for approval. The BLA Director may disapprove or require amendments if contrary to law, regulations, morals, public policy, or interest; the amended agreement must be submitted within five (5) days from receipt of the order.
An approved Compromise Agreement has the effect of a decision or judgment and shall be enforced accordingly.
Mediation fails if: (1) no agreement within sixty (60) days from the Mediation Conference, or (2) disapproval, or (3) non-submission/disapproval of an amended Compromise Agreement. The mediator issues a written order declaring failure; the BLA Director then issues an order for immediate continuance of the BLA proceedings.
No. The rules expressly state that no motion for reconsideration or appeal from the declaration of failure of mediation, and from the order for continuance, shall be allowed.
In no case shall the entire proceedings exceed ninety (90) days from the date of the Mediation Conference.