The Philippine Intellectual Property Office (“IPOPHL”) issued on 14 May 2021 Memorandum Circular No. 2021-015 (“MC 2021-015”) which adopts as a mode of service the electronic service of interlocutory orders and notices to counsels, representatives, and parties. This is in line with Rule 2, Section 5(a) of the Amended Rules and Regulations on Inter Partes Proceedings which provides that other similar means for the service of decisions, final orders, interlocutory orders, notices, summons, and other processes may be adopted as the IPOPHL Director General may deem appropriate.
Under Section 1 of MC 2021-015, electronic service of interlocutory orders and notices shall be made by sending a copy of the interlocutory order or notice via the Bureau of Legal Affairs (“BLA”) email address ([email protected]) either to the counsel, representative, or the party’s email address:
- Used in the filing of pleadings/documents with the BLA;
- Provided by counsel and/or the party directly to the BLA as required; or
- Appearing in the IPOPHL’s records, including the filewrapper of the subject mark, invention, utility model, or industrial design.
Thereafter, the counsel/party shall have three (3) calendar days from the transmission to acknowledge receipt by sending an email reply. The date of acknowledgement is deemed the date of receipt of the order or notice. However, if no acknowledgment is made within the 3-day period, the order or notice is considered received by the counsel/party on the date of email transmission of the notice or order. Electronic service of orders or notices shall be valid until the counsel/party concerned notifies the BLA of the change of email address.
Counsels/parties may also signify their preference to receive via electronic service copies of decisions and final orders from the IPOPHL.
The IPOPHL deemed it appropriate to issue MC 2021-015, not only to ensure observance of health and safety protocols amidst the COVID-19 pandemic, but also to automate the IPOPHL’s procedures and to be more efficient in its services.
A copy of MC No. 2021-015 is available here.
For more information on this issuance, you may direct your queries to [email protected].