QuestionsQuestions (IPO)
The Director General of the Intellectual Property Office (IPO) has original jurisdiction over such disputes.
The Director (of the Bureau/Documentation, Information and Technology Transfer Bureau) exercises quasi-judicial jurisdiction over those royalty/technology transfer payment disputes.
The aggrieved party or his duly authorized representative may file a verified complaint with the Director upon payment of the required filing fee.
The complainant must state that, to the best of his knowledge, no other administrative action/proceeding involving the same issue is filed or pending; if knowledge is acquired after filing, the complainant must notify the Office within five (5) days.
It must state (1) names and addresses of complainant and respondent; (2) nature of the complaint and a concise statement of ultimate facts; and (3) the relief or reliefs prayed for.
If a party elects to avail of the Civil Code on consignation with respect to the royalty or sum of money involved, the complainant must submit to the Bureau a certified copy of the Contract of Escrow.
Within one (1) day from receipt of the complaint, the Bureau dockets it; then the Chief Mediator assigns and transmits it to a Mediation Officer with instructions to mediate.
Within five (5) days from receipt of the assignment.
The Notice must state the date and time of the conference, and the notice intended for the Respondent must be accompanied by a copy of the complaint and its attachments.
Generally within the premises of the Office. It may be held outside upon written request and payment of the required fee if necessary to enhance proceedings, and if (when only one party requests) the other party agrees and does not unreasonably withhold consent.
The party requesting bears the total cost if only one party requests; if both parties request, the costs are shared equally or in the proportion stated in their request.
The mediation period is thirty (30) days, counted from the first day of the Mediation Conference.
They must reduce the settlement into a written Compromise/Mediation Agreement; if requested in writing (and with the required fee), the Mediation Officer drafts it within ten (10) days, the Chief Mediator reviews within ten (10) days, and the parties have ten (10) days to review, finalize, and execute it.
The parties submit the executed Compromise/Mediation Agreement to the Director through the Chief Mediator by filing a Motion for Judgment Based on Compromise/Mediation Agreement; the Director must decide within thirty (30) days from receipt.
The Mediation Conference is declared a failure unless the parties request in writing to extend it.
Within ten (10) days after termination, the Mediation Officer submits a report and draft decision to the Chief Mediator; the Chief Mediator reviews and submits final recommendation and draft to the Director within twenty (20) days; the Director decides within thirty-five (35) days after termination of the Mediation Conference.
The procedure is similar, but instead of deciding, the Director submits findings/conclusions/recommendations and draft decision to the Director General, who renders the final decision.
It becomes final and executory fifteen (15) days after receipt by the appellant unless within that period a motion for reconsideration is filed with the Director or an appeal to the Director General is perfected by filing a notice of appeal and paying the required fee.
Only one motion for reconsideration of the Director’s decision/order is allowed.