WIPO Mediation Proceedings Instituted in the Intellectual Property Office of the Philippines (IPOPHL)
A framework for collaboration between the Intellectual Property Office of the Philippines (IPOPHL) and WIPO has been established upon the signing of a Memorandum of Understanding (MOU) on May 7, 2014. Under the MOU, IPOPHL and the WIPO Arbitration and Mediation Center established a joint dispute resolution procedure to facilitate the mediation of intellectual property disputes pending before IPOPHL as well as any dispute related to intellectual property matters under IPOPHL Mediation Outside Litigation.
Areas of Mandatory Mediation and Mediation Outside Litigation
In accordance with IPOPHL’s Office Order 154 Series of 2010 and relevant IPOPHL’s rules and regulations on mediation, the following types of disputes are required to undergo mediation:
- Administrative complaints for violation of intellectual property rights (IPV) and/or unfair competition
- Inter partes cases (IPC)
- Disputes involving technology transfer payments
- Disputes relating to the terms of a license involving the author's rights to public performance or other communication of his work
- Cases appealed to the Office of the Director General (ODG) from decisions of the Bureau of Legal Affairs (BLA) and the Documentation, Information and Technology Transfer Bureau (DITTB)
In addition, IPOPHL has extended its mediation services for any dispute involving or related to intellectual property matters.
IPOPHL mediation service includes an option for parties to resolve disputes through mediation under the WIPO Mediation Rules. The WIPO Mediation option offered by IPOPHL may be especially advantageous for international parties or parties seeking to settle related disputes in multiple jurisdictions.
Disputes in this area may be related to, among others, trademark opposition pending before IPOPHL, administrative complaints for violation of intellectual property rights, disputes involving technology transfer payments and disputes relating to the terms of a license involving the author’s rights to public performance or other communication of his work.
More information on IPOPHL proceedings may be obtained in the Guidelines on the Referral of IPOPHL Cases to WIPO Mediation and Supplemental Guidelines.
Using WIPO Mediation in IPOPHL Proceedings
Parties to Mediation
- Parties to IPOPHL Proceedings (e.g., trademark applicants and opponents)
- Parties to any dispute involving or related to intellectual property matters
WIPO ADR Services for IPOPHL
A WIPO Mediation commences with the submission to IPOPHL and the WIPO Center of an Agreement and Request for WIPO Mediation in IPOPHL Proceedings, completed and signed by the parties.
The WIPO Center will then contact the parties regarding the next steps of the procedure, the fees and the appointment of the mediator. The parties are free to identify a suitable candidate for such appointment. The WIPO Center is available to assist with the provision of a shortlist of qualified mediator candidates which also includes IPOPHL’s accredited neutrals.
In its role as administering institution, the WIPO Center maintains strict neutrality and independence.
The WIPO Center makes available, at no cost, online case administration options, including an online docket and videoconferencing services for meetings and hearings.
Effective proceedings, to a large extent, depend on the quality of the mediator. The WIPO Center maintains an open-ended Panel, including mediators from the Philippines with expertise in intellectual property rights, such as trademarks, patents and copyright. They can be appointed in WIPO mediations by parties to intellectual property disputes pending before IPOPHL but parties are also free to select mediators from outside the WIPO/IPOPHL Panel.
Mediation can only be undertaken with the agreement of both parties. In order to facilitate such agreement, parties may use the available Agreement and Request for WIPO Mediation in IPOPHL Proceedings so that their dispute is dealt with through WIPO Mediation. In the Agreement and Request, parties can adapt the process to their needs by agreeing for example on the scope of the dispute, the time set aside for the mediation, and the language to be used in the mediation (such matters can also be agreed after the appointment of the mediator).
The WIPO Center also organizes training and workshops on mediation, arbitration and related topics. In particular, the collaboration framework between IPOPHL and WIPO includes the provision of specialized training in mediation and arbitration of intellectual property disputes aimed at developing greater expertise for ADR in the Philippines and the region.
Fees and Costs
Under the collaboration, not-for-profit Schedule of Fees applies.
Contact Information
WIPO Arbitration and Mediation Center (Geneva)
34, chemin des Colombettes
1211 Geneva 20
Switzerland
T +4122 338 8247
F +4122 740 370
WIPO Arbitration and Mediation Center (Singapore)
Maxwell Chambers Suites
28 Maxwell Road #02-14
Singapore 069120
T +65 6225 2129
F +65 6225 3568