IPOPHL Enforcement Rules and Powers 2013

Cites Section 7(c), (d), and (e) of the Intellectual Property Code (as amended by RA 10372).
Grants the Director General and Deputies authority to undertake enforcement, conduct visits based on reports/complaints, and perform acts to protect IP rights.

Rules govern enforcement procedures by IPOPHL in exercising enforcement and visitorial powers.
Applies to establishments suspected of violating intellectual property rights.
Must respect constitutional safeguards against unreasonable search and seizure and ensure due process.

Administrative Action: official actions post-visit, including compliance orders and filings.
Complaint: verified written accusation by rights holder or authorized representative detailing IPR violation.
Counterfeit Goods: goods bearing unauthorized identical or indistinguishable marks violating trademark rights.
Enforcement Action: actions by the IPR Enforcement Office (IEO) to ensure compliance with IP laws.
IPR Enforcement Office (IEO): unit created to undertake enforcement functions and visits.
IPR Enforcement Officer: personnel assigned to evaluate and validate complaints.
Mission Order: directive for specific enforcement acts.
Pirated Goods: unauthorized copies violating copyright or related rights.
Report: any information regarding IPR violations.
Visitorial Order: order to inspect business premises allegedly violating IP rights.

Headed by Deputy Director General or officer-in-charge, assisted by designated personnel and law enforcement.
Functions include receiving/docketing complaints, evaluating and acting on complaints, coordinating with stakeholders, policy formulation, record keeping, and enforcement assistance.
Deputy Director General/officer-in-charge powers:
- Designate enforcement officers,
- Issue visitorial and compliance orders,
- Issue mission orders,
- Initiate and file charges,
- Exercise other necessary powers.
Law enforcement agencies assist in enforcement, including accompanying visits and providing personnel if needed.

Right holders or authorized representatives may file verified complaints.
Complaints must contain specific information: complainant details, authorization, proof of IP ownership, respondent details, nature of violation, location, and certification against forum shopping.
Enforcement covers manufacturing, distribution, and sale of counterfeit and pirated goods, with jurisdiction divested if case filed elsewhere.
Upon complaint referral, enforcement officers evaluate within 30 days, recommend actions such as warnings, visitorial orders, compliance orders, administrative charges, case referrals, search warrant applications, or dismissal.
Reports may be filed and validated; complainants must pursue enforcement to avoid dismissal.
Records of complaints and reports are confidential until enforcement actions are taken.

Visitorial orders issued for inspection of business establishments for violations, valid for no more than 10 days.
Must include establishment name/address, respondents, complaint nature, IP rights involved, authorized personnel, and effective period.
Authorized personnel must identify themselves, present orders, explain the visit, and courteously interact.
Visible counterfeit/pirated goods and other observations are documented, with objections noted.
Post-operation reports with recommendations submitted within 10 days.

Compliance orders can be issued pre-administrative action.
Compliance period is up to 60 days to resolve violations before administrative measures.
Administrative charges may be filed with local government units or other agencies for violations beyond IP laws.

Separability clause ensures remaining provisions remain valid if any part is invalidated.
Certified copies of the rules to be filed with various government entities.
Rules take effect 15 days after publication in a newspaper of general circulation.