I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The IPO is the government office responsible for the registration and licensing of patents and trademarks. It does not handle copyrights, however.
It is headed by a Director General, who is assisted by two (2) deputies. Beneath them are six (6) bureaus: Patents; Trademarks; Legal Affairs; MIS and EDP; Admin, Financial and Personnel Services; and, Documentation, Information and Technology Transfer.
The Director General manages all the IPO's functions and has exclusive appellate jurisdiction over decisions of the directors of Legal Affairs, Patents, Trademarks and DITT. This means that a case decided in any of these bureaus must be appealed to the Director General (you' can't go to the regular courts -they'll dismiss your case.) If a case from the Legal Affairs, Patents or Trademarks gets and unfavorable ruling from the Director General, you have to appeal to the Court of Appeals under Rule 43 of the Rules of Court within fifteen (15) days after you received the decision. If the Court of Appeals' decision isn't favorable, you have to go to the Supreme Court under Rule 45 Certiorari of the Rules of Court. Again, you have 15 days after you received the Court of Appeals' decision to go to the Supreme Court.
Appealed decisions from the DITT are further appealed from the Director General to the Secretary of Trade and Industry. The same thing happens in case of license disputes. You can't appeal a license dispute to the courts. It must go to the IPO Director General.
The Legal Affairs Bureau has the following powers:
1.) Deciding cases on opposition to the application for registration of marks; cancellation of trademarks; cancellation of patents, utility models and industrial designs; and, compulsory licensing of patents. Regarding cancellation of patents, utility models and industrial designs, highly technical matters require investigation by the director of Legal Affairs and two (2) experts.
2.) Hold original jurisdiction in administrative cases involving the violation of rights in intellectual property law, so long as the damages claimed are at least Php 200,000. Note: original jurisdiction and exclusive original jurisdiction aren't the same. "Original" means the case starts in that office, but can also be taken up in court. "Exclusive original" means only that office can take the case and starting it in a court won't do. The Legal Affairs Bureau can also use provisional remedies, like contempt.
3.) Impose the following penalties:
a.) Cease and Desist Order
b.) Accept voluntary assurance of imposed compliance or discontinuance
c.) Condemnation or seizure of the products involved in the offense
d.) Forfeit the materials and real and personal property involved in the offense
e.) Fine of Php 5,000 to 150,000 plus up to Php 1,000 for every day of continued violation
f.) Assessment of damages
g.) Censure
h.) Withholding, cancellation or suspension (up to 1 year) of permits, authorities or registrations granted by the IPO
i.) Other related penalties and sanctions.
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