The Intellectual Property Office of the Philippines’ Bureau of Legal Affairs (IPOPHL-BLA) is offering a Mediation Outside Litigation (MOL) incentive package to all entities and organizations. The MOL is a form of Alternative Dispute Resolution before the where parties in an Intellectual Property (IP) dispute can settle before any case is filed. This service is envisioned to cater to the needs of the micro, small and medium enterprises, IP and business organizations, and Collective Management Organizations.
Originally according to the IPOPHL’s Office Order 154 Series of 2010, the following types of disputes are required to undergo mediation: (1) administrative complaints for violation of intellectual property rights and/or unfair competition; (2) inter partes cases; (3) disputes involving technology transfer payments; (4) disputes relating to the terms of a license involving the author’s rights to public performance or other communication of his work; and (5) cases appealed to the Office of the Director General from decisions of the Bureau of Legal Affairs, and the Documentation, Information and Technology Transfer Bureau.
The IPOPHL has extended its mediation services for any dispute involving or related to intellectual property matters.
To avail of MOL, the parties must file a request with the Bureau of Legal Affairs ADR Service. Under the package, all applicable mediation fees for the parties may be reduced from Php 7,500.00 to Php 4,000.00. Parties that cannot appear personally for the mediation session may send a representative with a Special Power of Attorney.
The non-settlement of dispute shall in no way result in the parties being precluded or barred from bringing an action to IPOPHL or competent judicial or administrative body.
The package is open to all interested parties until 31 December 2023. For more details, interested parties may visit https://bit.ly/BLA-MOL.