Early Termination of Mediation Now Allowed Under IPOPHL Memorandum Circular No. 2021-023
The Philippine Intellectual Property Office (“IPOPHL”) issued on 23 September 2021 Memorandum Circular No. 2021-023 (“MC No. 2021-023”) giving parties the opportunity to ask for an earlier termination of their mediation proceedings before the Alternative Dispute Resolution Services (“ADRS”) of the IPOPHL.
Prior to the issuance of MC No. 2021-023, Section 8 of IPOPHL Memorandum Circular No. 2020-047 or the Amendments to the Revised Rules on Mediation (“MC No. 2020-047”) (21 December 2020) provided that the period for mediation shall be sixty (60) days from the submission of the case for mediation, which may further be extended to ninety (90) days when warranted.
In view of MC No. 2021-023, the parties will already be required by the ADRS, in coordination with the mediator, to signify, as early as thirty (30) days from the submission of the case for mediation, whether they wish to terminate the mediation. Should the parties signify that they no longer wish to proceed with the mediation, the mediator shall immediately terminate the proceedings. Otherwise, the mediation shall proceed accordingly.
As stated in MC No. 2021-023, the above supplemental guidelines to MC No. 2020-047 are consistent with the IPOPHL’s goal to further streamline its processes and adopt shorter timelines.
A copy of MC No. 2021-023 is available here.
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