News & Updates

Amendments to the IPOPHL Rules and Regulations on Administrative Complaints for Violation of Laws Involving Intellectual Property Rights Take Effect on 15 July 2024

Carlo B. Valerio | Carriz Andrea F. Nana

Jumping off from the digitalization initiatives it started during the pandemic, the Philippine Intellectual Property Office (“IPOPHL”) has officially amended the Rules and Regulations on Administrative Complaints for Violation of Laws Involving Intellectual Property Rights by promulgating Memorandum Circular No. 2024-021 (“Circular”) on 10 June 2024. The amendment, which seeks to streamline administrative procedures and enhance the enforcement of intellectual property (“IP”) rights in the country, will take effect on 15 July 2024.


The salient points of the Circular are as follows:


Section 1. Rule 2, Section 1. Complaint, When and to Whom Filed


Filing and service of pleadings must be done via email.

Filing of the verified complaint for violation of the IP Code or IP laws, succeeding pleadings, motions and other submissions must be done through electronic mail (e-mail) at [email protected], and/or other e-mail addresses as may be provided. The complaint shall be deemed filed as of the date the Bureau of Legal Affairs (“BLA”) received the electronic transmission.

Within five (5) days from filing of the complaint via e-mail, the complainant is required to submit hard copies of the same with the BLA either through personal service, registered mail, or private courier. The complainant must file as many copies as there are respondents, plus one extra copy. Hard copies must be the exact copies of those electronically filed with the BLA. These hard copies shall also include proof of electronic filing with the BLA and proof of payment.

Unless otherwise required by the BLA, the filing of succeeding pleadings must be done electronically without the need to file hard copies thereof. Failure to comply with the abovementioned modes of filing may be a basis for dismissing the case.


Section 2. Rule 2, Section 4. Formal Requirement


The complaint must contain the official e-mail address/es and residences of the complainant and the respondent, if known. It must also include facts showing the capacity of a party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made party to the complaint. Should it involve juridical entities, proof of capacity to sue must likewise be attached to the complaint.


Judicial affidavits and the pertinent evidence form part of the complaint.


As to the verification or certification of non-forum shopping of a party-litigant that is a juridical entity, a natural person duly authorized by the juridical entity must execute the same through a special power of attorney or a resolution, which must be attached to the complaint. If executed or notarized abroad, it must be authenticated by the appropriate Philippine diplomatic or consular office or apostilled by the appropriate authority of the concerned member country of the Apostille Convention prior to the filing of the case.


As an exception, the authentication or apostille may be secured after the filing of the case provided that the execution of the documents is done prior to such filing, and that the authenticated or apostilled documents are submitted during the hearing set for the reception of evidence.


Section 3. Rule 2, Section 9. Answer


Answer must be filed thirty (30) days from receipt of Notice.


The respondent is now required to answer the complaint within thirty (30) days from receipt of the summons, instead of the original ten (10) days.


The verified answer must likewise be filed online.


Section 4. Rule 2, Section 12. Pre-Trial


The pre-trial brief shall contain (i) a stipulation on whether the parties consent to be served with the decisions and/or final orders via electronic means, facsimile and/or other modes of service and (ii) a stipulation on whether the parties request that hearings be conducted via online video conference.


Section 5. Rule 5, Section 4. When Temporary Restraining Order (“TRO”) May Be Granted


The TRO is automatically vacated in the event that the application for preliminary injunction is denied or is not resolved within its twenty (20)-day effectivity period. Further, the effectivity of the TRO is non-extendible without the need of any declaration to that effect.


Section 7. Rule 7, Section 5. Online Video Conferencing


Rule 7 was amended to include a new section on Online Video Conferencing. Hearings may now be conducted via online video conference upon agreement of the parties which must be jointly requested at least seven (7) days before the next scheduled hearing, unless otherwise ordered by the BLA or previously agreed upon by the parties during pre-trial or a hearing before the BLA.


Section 8. Rule 11, Section 1. Rendition of Decisions


Finally, decisions and final orders shall be served by personal service, registered mail, private courier or by publication.


Service through the e-mail address or facsimile number must be done only if the party concerned consents to such modes of service. Moreover, service through such modes is presumed valid unless such party notifies the BLA of any changes thereto.


If you wish to know more about the Circular, you may reach out to our firm’s IP Enforcement team:

Carlo B. Valerio
Email: [email protected] / [email protected]

Carriz Andrea F. Nana
Email: [email protected]

Tel. No.: +632 8810 5858
Fax No.: +632 8810 3838