Question & AnswerQ&A (IP)
A 'Complaint' is a concise statement of the ultimate facts constituting the complainant's cause or causes of action, specifying the relief sought and may include a general prayer for such further or other relief as may be just and equitable.
The Bureau of Legal Affairs of the Intellectual Property Office has original jurisdiction over such administrative actions.
The complaint must be filed within four (4) years from the date of commission of the violation, or if unknown, from the date of discovery of the violation.
The Hearing Officer conducts hearings and investigations, administers oaths, issues subpoenas, grants provisional remedies, makes preliminary rulings, and may cite parties or counsel for contempt. Decisions on final merits are made by the Director.
A preliminary injunction may be granted if: (a) the applicant is entitled to the relief sought; (b) the act or omission complained of would probably cause injustice during litigation; or (c) acts are being done or threatened that would violate the applicant's rights and render judgment ineffectual.
Penalties include issuance of cease and desist orders, voluntary assurances of compliance, condemnation or seizure of offending products, forfeiture of paraphernalia, fines ranging from P5,000 to P150,000 plus daily fines, cancellation or suspension of permits or registrations, assessment of damages, censure, and other analogous penalties.
Summons must be served within three (3) days from receipt of complaint by mail or personal service. If the party's address is unknown, service may be made by publication at the complainant's expense.
The Hearing Officer may declare the respondent in default and may proceed to render judgment in favor of the complainant based on pleadings or require submission of evidence before judgment.
The pre-trial conference helps clarify the issues, allows submission of pre-trial briefs, encourages stipulations of facts, lists evidence and witnesses, and explores possibilities of amicable settlement to aid in prompt disposition of the case.
Attachment may be issued if there is fraud in registration by false declaration, deception constituting unfair competition, when the respondent is not found in the Philippines, when the respondent intends to evade judgment, or if the respondent is disposing of property to defraud another.