Legal Basis for Enforcement and Visitorial Powers
- Enforcement powers granted under Section 7 (c), (d), and (e) of the Intellectual Property Code as amended by RA 10372.
- IPOPHL empowered to undertake enforcement functions with support from law enforcement and local government units.
- Authority to conduct visits during reasonable hours based on reports or complaints and other protective functions.
Scope and Applicability
- Rules govern enforcement procedures of IPOPHL and visitorial powers exercised on information, reports, or complaints.
- Must be interpreted consistent with constitutional rights against unreasonable search and seizure and due process.
Definitions of Key Terms
- Administrative Action: Official actions post-visitorial order including compliance orders and filing charges.
- Complaint: Verified written document by right holder or authorized representative detailing the IP violation.
- Counterfeit Goods: Unauthorized goods bearing identical or indistinguishable trademarks infringing registered marks.
- Enforcement Action: Any action by IPR Enforcement Office (IEO) to ensure compliance with IP Code.
- IEO and IPR Enforcement Officer: Office and personnel tasked with enforcement and validation of complaints/reports.
- Mission Order and Visitorial Order: Authorizations issued for specific enforcement actions and visits.
- Pirated Goods: Unauthorized copies infringing copyright or related rights.
- Report: Information received by IPOPHL on IP rights violations.
Creation and Composition of the IPR Enforcement Office
- Headed by Deputy Director General or officer-in-charge with appointed IPOPHL personnel and detailed law enforcement officers.
Functions of the IPR Enforcement Office
- Receive and docket complaints and reports.
- Evaluate and act on complaints to enforce IPR.
- Coordinate with right holders, government agencies, and industry associations.
- Formulate enforcement policies/programs and prepare annual enforcement reports.
- Maintain enforcement records and assist in enforcement of orders/writs.
Powers of the Deputy Director General or Officer-in-Charge for IPR Enforcement
- Designate IPR Enforcement Officers for complaint validation.
- Issue visitorial and compliance orders.
- Issue mission orders and file administrative complaints.
- Exercise powers to ensure compliance with IP Code.
Cooperation with Law Enforcement Agencies
- IPOPHL enforcement visits accompanied by law enforcement.
- May request detail of law enforcement officers to aid enforcement operations.
Complaints Procedure
- Only right holders or authorized representatives may file verified complaints.
- Complaint requirements: complainant’s info, authority proof, IP registration or ownership proof, respondent details, nature of violation, location details, certification against forum shopping.
Coverage of Enforcement
- Enforcement covers manufacturing, importation, distribution, sale, and preparatory activities concerning counterfeit and pirated goods.
- Jurisdiction divests if same issue is pending before other tribunals or courts.
Processing and Actions on Complaints
- Complaints evaluated within 30 days by IPR Enforcement Officer.
- Possible actions include issuance of notices, visitorial orders, compliance orders, administrative filing, referral to law enforcement, search warrant recommendation, or dismissal.
Reports and Information Handling
- Reports monitored for potential violations and case building.
- Right holder must coordinate with IEO within one month or report may be dismissed.
Confidentiality of Enforcement Records
- Records of complaints/reports and officer recommendations are confidential until enforcement actions are conducted.
Visitorial Order
- Issued after evaluation for visits to business establishments.
- Valid for no more than ten days.
- Must contain establishment name/address, respondent, complaint nature, IP rights involved, authorized personnel names, and validity period.
Conduct During Visit
- Authorized personnel must identify themselves, explain nature of visit, and act courteously.
- Observations of infringing goods and justifications by business representatives documented in post-operation report.
Post-Operation Reporting
- Report and recommendations submitted within ten days of visit to Deputy Director General or officer-in-charge.
Compliance Orders and Period
- Compliance orders may be issued before administrative action.
- Sixty-day period allowed to comply before administrative action is initiated.
Initiation of Administrative Actions
- Charges may be filed with local government or other agencies if violations of relevant laws or ordinances are established.
Final Provisions
- Separability clause ensures remaining provisions remain effective if any section is invalidated.
- Certified copies of these rules to be filed with UP Law Center, Office of the President, Legislature, Supreme Court, and National Library.
- Rules take effect fifteen days after publication in a newspaper of general circulation.