Amendments to IPO Inter Partes Regulations

Republic Act No. 8293 authorizes the issuance and amendment of rules governing inter partes proceedings.
IPO Office Order No. 18 amends provisions of the Rules and Regulations on Inter Partes Proceedings on:
- Petitions for Cancellation of a Mark
- Petitions for Cancellation of a Patent
- Petitions for Cancellation of a Utility Model
- Petitions for Cancellation of an Industrial Design
- Opposition to Registration of a Mark
- Compulsory Licensing
IPO Office Order No. 18 is framed as “amendment or correction of certain provisions” of those inter partes regulations.

Rule 2, Section 9 (b) is amended by inserting the omitted phrase “If the petition is”.
The amended portion of Rule 2, Section 9 (b) states that if the petition is amended, the time fixed for the filing and service of the answer runs unless otherwise ordered.
The effect of the amendment is tied to the circumstance that the petition is amended.

Rule 2, Section 11 (a) is amended by deleting the phrase “to recover his costs from the petitioner/opposer.”
Rule 2, Section 11 (a) provides for dismissal where the petitioner/opposer:
- Does not appear at the time and place designated in the Notice of Pre-Trial Conference or Notice of Hearing, or in a subsequent order; or
- Fails to prosecute the case for an unreasonable length of time; or
- Fails to comply with the regulations or any order of the Bureau.
Rule 2, Section 11 (a) requires dismissal for failure to prosecute and provides that judgment shall be rendered in favor of the respondent.
The rule applies to the petition or the notice of opposition, as the case may be.

Rule 5, Section 2 is amended by changing the word “effected” to “affected” in the last line.
Rule 5, Section 2 (as amended) provides Partial Cancellation when grounds for cancellation relate to only a part of the industrial design.
Rule 5, Section 2 states that cancellation may be made to such extent only.
Rule 5, Section 2 requires the restriction to be carried out through alteration of the affected features of the design.

Rule 6, Section 3(a) is amended by updating the phrase describing exigent circumstances.
Rule 6, Section 3(a) now includes “National emergency as declared by the President”.
Rule 6, Section 3(a) also includes “other circumstances of extreme urgency as declared by the appropriate government authorities.”
Rule 6, Section 3(a) defines the urgency standard by reference to declarations by specified governmental authorities.

IPO Office Order No. 18 directs Mr. Eduardo Joson, Records Officer II, to immediately file copies.
IPO Office Order No. 18 requires filing three (3) certified copies with the University of the Philippines Law Center.
IPO Office Order No. 18 requires one (1) certified copy each to the:
- Office of the President
- Senate of the Philippines
- House of Representatives
- Supreme Court of the Philippines
- National Library

IPO Office Order No. 18 is adopted on 29 Dec. 1998.
IPO Office Order No. 18 is signed by EMMA C. FRANCISCO, Director General.