IBP MAKATI NEWSLETTER IBPIBP MAKATIMAKATI CITYCITY CHAPTERCHAPTER PRESIDENT’S VOLUME VII, ISSUE 1 2 0 1 1 - 2 0 1 2 CORNER IP Law Updates- Developments February 26, 2011 saw the light of That Took Place in the Year 2011 new Board of Officers and Directors Atty. Maria Trinidad P. Villareal of the Chapter being elected into of- fice. A powerhouse cast indeed with The year 2011 may be consid- dertaken and/or spearheaded The World Intellectual Prop- the following: Bienvenido “Bong” I. ered as a “banner year” for by the IPOPHL in the year erty Organization's (WIPO) Somera (Vice President), Carmine developments in the practice 2011 were: Regional Workshop on the Eliza “Pixie” T. Serrano (Secretary), of intellectual property laws. Dangers of Counterfeit Goods Gregorio “Greg” F. Fernandez Led by a pro-active Director 1. The holding of the First to Public Health; the Interna- (Treasurer), Roderick “Dicky” R.C. General, in the person of Atty. Philippine Anti- tional Trademark Associa- Salazar III (Auditor), Juan Orendain Ricardo R. Blancaflor, the Counterfeiting and Piracy tion's (INTA) Anti- “Juor” P. Buted (Public Relations Of- Intellectual Property Office of Summit in celebration of the Counterfeiting Committee ficer), and the Directors – Arnold the Philippines (the Intellectual Property Week Roundtable on Combating “Jake” M. Corporal, Anthony “Anton” “IPOPHL”) was at the fore- (the “IP Summit”) from Octo- Counterfeiting on the Internet W. Dee, Alfred Ramon Jose Ma. X. front of activities meant to ber 24-28. The Summit was and Landlord Liability Meas- (“RJ”) B. Nolasco, Maria Trinidad strengthen IP protection in the conducted in partnership with ures; and the IPR Business “Leny” P. Villareal and Gil Roberto country. different government agencies Partnership Workshop on (“Gbert”) L. Zerrudo. At its first and private IP organizations. Effective Control Measures. Board meeting, Vincent Patrick The IPOPHL at the start of “Vince” R. Cruz and Rosario 2011, rolled out to its employ- 2. The entry into of various “Rosette” R. Ganitano, were elected as ees and to the public, its Memoranda of Agreement Assistant Secretary and Assistant “Roadmap 2011”- programs with the Philippine Ports Au- Treasurer, respectively. and projects geared towards thority, the Manila Interna- supporting the IPOPHL's tional Airport Authority, Se- eight strategic goals, mission curities and Exchange Com- www.ipophil.gov.ph and its vision. mission, Philippine Eco- The IP Summit was a collabo- nomic... Cont’d on p. 2 Some of the activities un- ration of three events, namely: REVISITING COURT-ISSUED HOLD-DEPARTURE ORDERS Atty. Pancho G. Umali Newly-elected officers of IBP Makati Most Filipinos are at least insofar as they affect Filipino “the right to travel [shall not] taking their oath of office. vaguely familiar with the citizens facing criminal cases Cont’d on p. 7 be impaired except in the in- “hold-departure order”, which before the courts. There are terest of national security, restricts the subject from de- other facets to the hold- Atty. Grace P. Quevedo- public safety, or public health, parting from or traveling out- departure order that shall be Panagsagan is the incumbent as may be provided by President of IBP Makati. side of the Philippines. But tackled in subsequent col- very few are aware of the umns. law” (sf. Section 6, Article She is a partner at Platon legal dimensions behind the III.) In Silverio vs. Court of hold-departure order. A hold-departure order Appeals, 195 SCRA 760 Martinez Flores San Pedro Leaño Law Offices stands as an exception to the (1991), the Supreme Court This column shall provide guarantee under the Bill of rejected the suggestion that a general overview of these Rights of the Constitution that under the 1987 Constitution, orders issued by trial courts Cont’d on p. 4 P A G E 2 IP LAW UPDATES from p. 1 and the Optical Media Board, among others, to achieve better coordination among various government agencies for the effective enforcement of IP laws. 3. The institutionalization of mediation which is now mandatory in most cases filed be- fore the IPOPHL's Bureau of Legal Affairs (BLA), as an alternative mode of dispute resolu- tion, via the promulgation of the new Mediation Rules, as well as the launching of the IPOPHL's Arbitration Services in April 2011 in partnership with the Philippine Dispute Resolution Center, resulting in the IPOPHL being the only IP office in the Asia Pacific re- gion to have a multi-door justice system comprising of a quasi-judicial function for adjudi- erty/ erty/ cating IP conflicts and two alternatives. 4. The laying down of six paths for an “IP Friendly Philippines”, namely: (a) taking of a “holistic approach” to effective IP rights (IPR) enforcement; (b) heightening of public edu- cation and awareness to build an IP friendly constituency; (c) institution and capacity build- ing of relevant government and private institutions toward an IPR regime; (d) promising to provide timely and quality-IPR adjudication and other forms of dispute resolution; (e) con- tinuing policy, advocacy and legislative reforms; and (f) sustained international relations. 5. Amendments made to the IPOPHL's internal rules of procedures. In connection with the foregoing, the IPOPHL, through the BLA, promulgated its Office Order No. 99, Series of 2011 (the Amendments to the Inter Partes Rules ). A summary of the amendments to the Rules which took effect on July 17, 2011, is provided hereunder, to wit: http://ymnation.com/2012/02/what-is-intellectual-prop a. The ultimate period within which to file an Opposition (subject to the timely filing of Motions for Extensions of Time to do so), shall now be 90 days from date of posting on the IPO's E-Gazette of an application that will be the subject of an Opposition. The old Rules allowed for an ultimate period of 120 days from the IPOPHL's E-Gazette posting date (Section 2, amended Rule 7, New Rules) for submission of a Verified Notice of Opposition and its supporting documents . A like period of 90 days from receipt of verified Oppositions/ Cancellation petitions is given, within which a respondent should file an Answer to an Op- position or a Cancellation Petition [Section 9 (a) and (b), amended Rule 2] ; The author of the article, Maria b. An opposer and a respondent to an Opposition/Cancellation action are still required to Trinidad “Leny” P. submit originals or certified copies of supporting documents to an Opposition/Cancellation Villareal, Esq. is the Petition/Answers thereto. However, for the purpose of meeting an ultimate deadline for current submission of an Opposition or an Answer, in lieu of originals or certified documents, pho- Director, IBP Makati tocopies thereof, and photographs of object evidence, may be submitted in the meantime City Chapter from [Sections 7 (c) and 9 (c), amended Rule 2]. A party that was unable to submit original 2011-2013. documents or certified copies of documents on the ultimate deadline for submission thereof, will have until the date of a preliminary conference to do so. [Section 13 (c), amended Rule She is a partner of the 2]. If the case is referred to mediation, a preliminary conference will only be conducted Carag Jamora after the mediation has failed, but the final date for submission of original or certified copy Somera & Villareal documents will still be on the date that was originally set for a case's preliminary confer- Law Offices and is ence; Head of the Intellectual Property c. An opposer, petitioner in a cancellation case, or a respondent in Opposition and Can- Practice Group of the cellation cases, may be given a further period of 5 days from receipt of a BLA Order, to said Law Offices. attach the originals or certified copy documents, which 5-day period may be further ex- tended by another 5 days upon motion filed, based on meritorious grounds which must be explicitly stated in the motion, and upon payment of the applicable fees. [ Section 8 (c); Section 9 (c), amended Rule 2] ; d. The amended Rules now explicitly state that a Verification and Certification on Non- Forum Shopping page of either an Opposition, Cancellation Petition or Answer must be IBP MAKATI NEWSLETTER VOLUME VII, ISSUE 1 P A G E 3 The IBP Makati Chapter will be conducting a four-day Mandatory Continuing Legal Education (MCLE) Seminar on 06, 12, 19 and 26 October 2012 from 8 am to 6 pm at the A. Venue Hotel Suites located at 7829 Makati Avenue, Makati City. The whole four (4) day program will entitle the participants to thirty-six (36) hours of MCLE credit units. Snacks and buffet lunch shall likewise be provided. For further questions or inquiries, please contact any of the following: Atty. Ruiza Regalado - 0908.869.2971 Atty. Rita Peña - 0922.838.2095 Atty. Thea Jimenez - 0908.861.7535 or e-mail us at [email protected] . accompanied by documents showing the authority of the person signing the Verification/Certification page to have done so, and if these documents are executed and notarized (outside of the Philippines ), these must be authenticated by the proper Philippine diplomatic or consular office. The new Rules further clarify that the execution and signing of these documents must be done before the filing of an Opposition, Cancella- tion, Petition or Answer. [Section 7 (b); Section 9 (a), amended Rule 2]; The IPOPHL at the start of 2011, rolled out to its e. Section 14 of the amended Rule 2 now provides that a party, through the filing of an appropriate mo- tion and payment of the applicable fees, may submit as documentary evidence, those which already form employees and to the part of the records of other cases already filed with the BLA, regular courts or other tribunals.