Surety Bonds in Intellectual Property Cases

The Office Order implements the Rules and Regulations on Administrative Complaints for Violation of Laws Involving Intellectual Property Rights, as amended (“IPV Rules”).
Rule 5, Section 3 of the IPV Rules requires bond posting for the issuance of injunctions and/or temporary restraining orders, and it allows surety bond in lieu of cash bond subject to guidelines issued by IPOPHL.
The Office Order sets the guidelines for allowing surety bonds in lieu of cash bonds in IPV cases consistent with Rule 5, Section 3 of the IPV Rules.

The Office Order allows surety bond posting in lieu of cash bond in IPV cases.
The Office Order is designed to enable the bond-posting requirement in IPV proceedings where injunctions and/or temporary restraining orders are sought.
The Office Order establishes concrete compliance requirements to ensure the surety bond is valid and properly submitted.

The Office Order applies to IPV cases involving intellectual property rights violation under the IPV Rules.
The Office Order governs the use of a surety bond in lieu of cash bond for the purposes contemplated by Rule 5, Section 3 of the IPV Rules.
The Office Order applies when the bond posting is required for the issuance of injunctions and/or temporary restraining orders in IPV cases.

A surety bond in lieu of cash bond is allowed subject to all of the following conditions.
The surety bond must be secured from the list of insurance companies accredited by the Supreme Court of the Philippines.
The surety bond must be submitted to the Bureau of Legal Affairs in accordance with Rule 5, Section 3 of the IPV Rules.
The submitted surety bond must be accompanied by a certified copy of a valid Certificate of Accreditation and Authority issued by the Supreme Court of the Philippines.
The submission must also include other documents showing authority to transact with the judicial, quasi-judicial and administrative bodies or agencies.

The Office Order takes effect fifteen (15) days after publication in a newspaper of general circulation.
Three (3) certified copies of the Office Order must be filed in the University of the Philippines Law Center.
One (1) certified copy each must be filed with the Department of Trade and Industry, the Senate of the Philippines, the House of Representatives, the Supreme Court of the Philippines, and the National Library.
Compliance with submission to the Bureau of Legal Affairs is required in accordance with Rule 5, Section 3 of the IPV Rules.