Rules on IP rights admin complaints

Key terms such as "Answer," "Bureau," "Chief Hearing Officer," "Complaint," "Court," "Director General," and "Director" are defined.
Intellectual property rights include copyrights, trademarks, patents, industrial designs, geographic indications, layout-designs, and undisclosed information.
Specific definitions are provided for infringement, false designation of origin, unfair competition, and false declarations.
Regulations are to be liberally construed to effectuate objectives and ensure just, expeditious administrative case resolution.
The Rules of Court apply suppletorily.

Administrative complaints must be filed with the Bureau within four years of the violation or discovery thereof.
Complaints must be verified and state that no duplicative administrative action is pending.
The Bureau has original jurisdiction over administrative actions where claimed damages exceed P200,000.
Hearings shall be held at the Office premises, with exceptions upon written request and payment.
Formal complaint requirements include typed pleadings with parties’ information and relief sought, and payment of fees.
Partners operating under a common name may be sued collectively but named individually in answers.
Representation rules emphasize politeness and confidentiality of case records.
Summons are served within three days of complaint receipt; service by publication is allowed if respondent cannot be located.
Respondent must answer within 10 days or may be declared in default.
Pre-trial procedures include submission of briefs, stipulation possibilities, and exploration of settlement.

Hearing Officers may administer oaths, subpoena witnesses/documents, grant provisional remedies, make preliminary rulings, and cite for contempt.
Bonds and counterbonds for provisional relief can be approved.

Attachment may be ordered where fraud, deception, non-residency, intent to evade judgment, or property disposal to defraud exists.
Attachments secure property to satisfy judgment.
Orders issued ex parte or after hearing, contingent on affidavit and bond filing.
Property types subject to attachment include real property, personal property, and stocks/shares.
Attached perishable goods may be sold upon Hearing Officer order.
Attachments may be discharged upon counterbond or found improper after motion.
Third party claims on attached property require indemnifying bond.
Procedures for execution, return of sheriff's reports, and handling excess proceeds detailed.

Defined as an order requiring a party or third person to refrain from or perform specific acts before final judgment.
Hearing Officers may issue preliminary injunctions unless another court has jurisdiction.
Grounds include entitlement to relief, potential injustice, or likelihood of judgment being ineffective.
Verified application and bond necessary; hearing required, except in narrowly defined exceptions.
Injunctions may be dissolved or modified on sufficient showing.

Direct contempt punishable summarily by fine or imprisonment.
Indirect contempt punished after written charge and hearing.
Contempt includes disobedience, interference, improper conduct, or failure to obey subpoenas.
Hearing Officers can issue bonds for release and review by Director is possible.
Penalties include fines up to P10,000 and imprisonment up to five years.

Depositions may be taken upon leave post-answer, including outside Philippines with limitations.
Depositons do not make witnesses parties’ own witnesses per se.
Stipulated depositions may be taken anywhere authorized by oath administrators.

Trial hearings set for continuous daily sessions; evidence reception limited to 90 days (30 days each for complainant, respondent, rebuttal).
Motions to dismiss disallowed except for prescription; other defenses pleaded affirmatively.
Parties may agree on facts to expedite case.
Cases resolved within 30 days of submission for decision.
Consolidation of actions involving common questions allowed.

Decisions based on substantial evidence.
Ex parte evidence and ocular inspection permissible with opportunity to rebut.
Burden of proof in process patents allows presumption of infringement with protective measures.

Penalties after formal investigation include cease and desist orders, voluntary compliance assurances, seizure of offending products, forfeiture of used properties, fines (P5,000 to P150,000 plus P1,000/day continuing violation), suspension or cancellation of permits, assessment of damages, and censure.
Additional penalties analogous to IP Code provisions may be imposed.

Final orders signed by Director and filed with Office Register.
Judgments become final if no appeal or motion for reconsideration within prescribed time.
Director issues order of execution; execution may proceed pending appeal upon bond posting.

Decisions become final 15 days after receipt absent motion or appeal.
Appeals to Director General, then to Court of Appeals or Supreme Court.
Interlocutory orders not appealable; no motion for reconsideration allowed on Director General’s decisions.
Appeals perfected by filing Notice of Appeal within 15 days and paying docket fees.

Director General to publish notice when Office ready for complaints.
Severability clause ensures remainder of Regulations remain effective if any provision invalidated.
Certified copies filed with designated institutions.
Rules take effect 15 days after publication.