IP rights holders may file an administrative complaint with the Bureau of Legal Affairs (BLA) for violations of laws involving intellectual property rights. These violations include infringement of intellectual property rights, unfair competition, false and fraudulent declaration, false designation of origin and false description.
FILING OF COMPLAINT
All administrative complaints for violations of laws involving intellectual property rights where the total damages claimed are not less than Two Hundred Thousand Pesos (200,000) shall be commenced by filing a verified complaint with the BLA within four (4) years from the date of commission of the violation, or if the date be unknown, from the date of discovery of the violation.
PROVISIONAL REMEDIES
Upon filing of a verified application and bond, preliminary attachment and/or preliminary injunction orders may be granted at any stage of an action or proceeding prior to the judgment or final order.
ANSWER
The BLA shall issue an order for the Respondent to file an Answer within ten (10) days from receipt of the Notice to Answer.
Failure to File an Answer. If Respondent fails to answer within the time allowed, the Hearing Officer motu propio or upon motion of the Complainant with notice to the Respondent, and upon proof of such failure, shall declare the respondent in default. The Complainant shall be allowed to present his evidence ex-parte, after which the Director of the BLA shall proceed to render judgement granting the Complainant such relief as his pleading warrants.
PRE-TRIAL CONFERENCE
Within fifteen (15) days from receipt of the Answer or last pleading, the BLA shall cause the preparation of the notice of Pre-Trial Conference which shall be set immediately or on a date fixed in the notice. The notice shall require the parties to submit their respective pre-trial briefs at least three (3) days before the date set for pre-trial conference. Failure to submit the pre-trial brief shall be cause for dismissal of the action with prejudice.
The presence of the parties themselves is required for the pre-trial conference for purpose of accepting an offer of compromise but their presence may be dispensed with if counsel/s are with power of attorney or the appropriate corporate authorization.
HEARINGS
The Hearing Officer shall set the case for successive and continuous daily hearing for the reception of the evidence in chief and on any provisional remedy prayed for in the complaint or petition. The hearing of the case on the merits or the reception of evidence shall be terminated within ninety (90) days and in the case of provisional remedies, the hearings or reception of evidence thereon shall be terminated within thirty (30) days.
DECISION
Upon termination of the period for the reception of evidence and the evidence is formally offered, the case shall be decided by the Director of BLA within thirty (30) calendar days from submission of the case for resolution.
After thirty (30) days from receipt of the copy of the decision by the parties involved, and no motion for reconsideration is filed with the BLA or no appeal to the Director General is made, the same shall become final and executory.
The decision of the Director-General shall be final and executory unless the same is appealed to the Court of Appeals or the Supreme Court.
EXECUTION OF DECISION
As soon as a decision has become final and executory, the Director of BLA shall issue an order of execution deputizing the Sheriff or such other duly authorized government agent, officer or personnel to execute the said decision.
