News & Updates

Intellectual Property Office of the Philippines Issues Revised Uniform Rules on Appeal in the Office of the Director General

The Intellectual Property Office of the Philippines issued on 22 September 2020 Memorandum Circular No. 2020-041 or the Revised Uniform Rules on Appeal in the Office of the Director General which amends Office Order No. 12-2002 or the Uniform Rules on Appeal.

 

The Revised Uniform Rules took effect fifteen (15) days after publication, on 31 October 2020. Its full text may be accessed here.

 

Among the major changes are the following:

 

Coverage. The Revised Uniform Rules on Appeal clarified that the decisions or final orders of the Director of Bureau of Copyright and Other Related Rights are appealable to the Director General.

 

Email Filing. The Revised Uniform Rules on Appeal requires the filing of the Appeal Memorandum or the Motion for Extension of Time to be done exclusively through email to [email protected]. The Appeal Memorandum or Motion for Extension of Time must be in PDF format not exceeding 25 mb in size, and the Appeal Memorandum must state the email addresses of the parties.

 

Comment to the Appeal. The Revised Uniform Rules on Appeal clarified that the Appellee or the concerned Bureau Director must furnish the Appellant with a copy of the Comment to the Appeal and that a Motion for Extension of Time to file the Comment to the Appeal may be granted.

 

Draft Decision. The Revised Uniform Rules on Appeal clarified that it is optional for the parties to attach a Draft Decision to their Memoranda.

 

Stay of Decision. The Revised Uniform Rules on Appeal deleted the provision in the previous rules saying that the appeal of the decision or order of the Director General to the Court of Appeals or to the Secretary of the Department of Trade and Industry shall not stay the decision or order of the Director General.