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OFFICE ORDER NO.

____________ Series of 2013 SUBJECT:

(as of 12 August 2013)

RULES AND REGULATIONS IN THE EXERCISE OF ENFORCEMENT FUNCTIONS AND VISITORIAL POWER OF THE INTELLECTUAL PROPERTY OFFICE, AND CREATING THEREBY AN INTELLECTUAL PROPERTY RIGHTS (IPR) ENFORCEMENT OFFICE.

WHEREAS, the State recognizes that an effective intellectual and industrial property system is vital to the development of domestic creativity, facilitates transfer of technology, attracts foreign investments, and ensures market access; WHEREAS, the State recognizes that the use of intellectual property bears a social function and to this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and the common good; WHEREAS, it is the policy of the State to enhance the enforcement of intellectual property rights in the country and to protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people; WHEREAS, it is the policy of the State to enhance the enforcement of intellectual property rights in the Philippines; WHEREAS, Section 7 (c , (d and (e of the !ntellectual Property "ode, as amended by #epublic $ct %&'7(, expressly provides) SEC. 7. The Director General an De!uties Director General. " ### (c) $n erta%e enforce&ent functions su!!orte '( concerne agencies such as the )hili!!ine *ational )olice+ the *ational ,ureau of -n.estigation+ the ,ureau of Custo&s+ the /!tical 0e ia ,oar + an the local go.ern&ent units+ a&ong others1 ( ) Con uct .isits uring reasona'le hours to esta'lish&ents an 'usinesses engaging in acti.ities .iolating intellectual !ro!ert( rights an !ro.isions of this Act 'ase on re!ort+ infor&ation or co&!laint recei.e '( the office1 (e) Such other functions in furtherance of !rotecting -) rights an o'2ecti.es of this Act.3 NOW THEREFORE, considering the above premises and pursuant to the express provisions of Section 7 subsection (c , (d and (e of the !ntellectual Property "ode, as amended by #epublic $ct *o+ %&'7(, the following rules and regulations are hereby adopted and promulgated)

RULE I GENERAL PROVISIONS Se !"#$ %+ Title. ,hese #ules shall be known and cited as the 4ules of )roce ure on -ntellectual )ro!ert( 4ights (-)4) Enforce&ent3 Se !"#$ &. A!!lica'ilit(. ,hese #ules shall govern the procedure in the exercise of enforcement functions of the !ntellectual Property -ffice of the Philippines (!P-P./ , and the exercise of visitorial power based on information, report, and complaint received by !P-P./+ Se !"#$ '. Construction. ,hese #ules shall be construed and interpreted consistent with the constitutional rights of a person against unreasonable search and seizure, and to due process of law+ Se !"#$ (. Definition of Ter&s. a+ A &inistrati.e Action 0 is an official action taken by the 1eputy 1irector 2eneral or an officer0in0charge for !P# 3nforcement after the implementation of the visitorial order which may include, but not limited to, the issuance of compliance orders and4or filing of appropriate charges before the local government units concerned, and4or other government agencies or tribunals+ b+ Co&!laint 5 is a verified written document signed by a right holder or authorized representative setting forth the nature of the violation of intellectual property rights and the enforcement action re6uested as defined under these #ules+ c+ Counterfeit Goo s 5 shall mean any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered with the !P-P./ or a well0known mark declared as such by a competent authority in the Philippines in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in 6uestion+ d+ Enforce&ent Action 5 is any action taken by the !3- relative to the complaint or report with the end view of ensuring compliance with the provisions of the !ntellectual Property "ode, as amended by #epublic $ct *o+ %&'7(+ e+ -)4 Enforce&ent /ffice (-E/) 5 is the office created under these rules to undertake enforcement functions and conduct visits as provided for under the !ntellectual Property "ode, as amended+ f+ -)4 Enforce&ent /fficer 5 is a duly designated personnel tasked to evaluate and validate the complaint or report filed before the !3- for recommendation of the appropriate action to the 1eputy 1irector 2eneral or an officer0in0charge for enforcement+ g+ 0ission /r er " is an order issued by the 1eputy 1irector 2eneral or an officer0in0charge to any !P-P./ personnel or detailed law enforcement officers to undertake specific enforcement actions+

h+ )irate Goo s 0 shall mean any goods which are made without the consent of the right holder or person duly authorized by the right holder and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right+ i+ 4e!ort 5 is any information, written or verbal, received by !P-P./ pertaining to a violation of !P#+ 7+ 5isitorial /r er 5 is the order issued by the 1eputy 1irector 2eneral or an officer0in0charge relative to the conduct of visits to establishments and business premises sub7ect of a complaint allegedly violating !P# and4or any provisions of the !ntellectual Property "ode, as amended+ R)*e II IPR ENFORCEMENT OFFICE Se !"#$ %. -)4 Enforce&ent /ffice. ,he !P# 3nforcement -ffice (!3- shall be headed by the 1eputy 1irector 2eneral or an officer0in0charge for !P# 3nforcement and assisted by duly designated !P-P./ personnel, and detailed4assigned law enforcement officers+ Se !"#$&. 6unctions of the -)4 Enforce&ent /ffice. ,he !3- shall have the following functions, duties, and responsibilities) a+ ,o receive and docket complaints or reports relating to !P# violations from right holders or authorized representatives, other government agencies, and the public in general; b+ ,o evaluate the complaint or report and take appropriate action thereon to ensure enforcement of !P#; c+ ,o coordinate with the right holders, industry associations and4or relevant government agencies in the conduct of its enforcement functions; d+ ,o formulate policies and programs to ensure enforcement of !P#, and to prepare an annual report on the accomplishments, progress, and challenges of !P# enforcement in the country; e+ ,o keep all records of enforcement such as, but not limited to, complaints, reports, minutes of enforcement meetings, post0operation reports, and other similar or related documents+ f+ ,o provide assistance in the enforcement of orders, writs, and processes issued by 8ureau of /egal $ffairs and the -ffice of the 1irector 2eneral+ Se !"#$ '. De!ut( Director General for -)4 Enforce&ent or the /fficer7in7Charge for -)4 Enforce&ent. ,he !3- shall be headed by the 1eputy 1irector 2eneral or an officer0in0charge to handle !P# enforcement+ .e shall have the following powers and functions)

a b c d e f

,o designate an !P# 3nforcement -fficer to evaluate and validate complaints and4or reports of !P# violations; ,o issue visitorial orders relative to any complaints or reports received by the !3- on !P# violations; ,o issue compliance order to any business establishments or entities inspected and noted to be violating !P#; ,o issue necessary mission orders; ,o initiate, file and maintain formal charge and4or complaints before appropriate government agencies and4or tribunals+ ,o exercise such other powers as may be necessary to ensure compliance of the provisions of the !ntellectual Property "ode, as amended+

Se !"#$ (. Assistance of 8a9 Enforce&ent Agencies an other Go.ern&ent /ffices. !n the exercise of its enforcement functions, particularly in the conduct of visits to business establishments, !P-P./, through !3-, shall be accompanied by the concerned law enforcement agencies+ !f necessary, the 1eputy 1irector 2eneral or an officer0in0charge for !P# 3nforcement may re6uest from the concerned law enforcement agencies a detail of law enforcement officers in !3- to ensure the smooth implementation of its enforcement functions+ RULE III IPR ENFORCEMENT ACTIONS Se !"#$ %+ :ho 0a( 6ile a Co&!laint. $ny right holder or authorized representative may file a verified complaint under these #ules+ Se !"#$ &+ 6or& an Contents of the Co&!laint+ ,he complaint shall be verified and shall contain the following) a+ *ame and address of the complainant; b+ Power of attorney4authority of the authorized representative; c+ $ certificate of registration of the intellectual property involved from the issuing Philippine government agency, or a declaration4certification by a competent authority in the Philippines in cases of well0known marks or an affidavit of ownership in cases of copyright and related rights; d+ *ame and address of the respondent; e+ *ature of the !P# violation; f+ "omplete details of the place or establishment to be sub7ected for visit; g+ "ertification against non0forum shopping+ Se !"#$ '+ Co.ere -ntellectual )ro!ert( 4ights 5iolations+ 9or purposes of these #ules, only enforcement against manufacturing, production, importation, exportation, distribution, trading, and offering for sale, including other preparatory steps necessary to carry out the sale of counterfeit and pirated goods shall be covered by the exercise of !P-P./:s enforcement power and provided that there is no pending case before any office, tribunal, 6uasi 7udicial body, or court involving the same issue4s or sub7ect matter+

,he subse6uent filing of a complaint by the right holder or representative involving the same issue or sub7ect matter before any office, tribunal, 6uasi 7udicial body, or court shall immediately divest the !3- of its 7urisdiction+ Se !"#$ (. Actions on the Co&!laint. $ complaint for !P# enforcement under these #ules shall, upon payment of the re6uired fees, be referred to an !P# 3nforcement -fficer who shall evaluate and validate the allegations of the complaint within thirty ('& days from referral of the case, and upon due evaluation thereof and finding of evidence of violation of !P#, recommend to the 1eputy 1irector 2eneral or an officer0in0charge for !P# 3nforcement any or all of the following enforcement actions) a+ !ssuance of notice4warning to the respondent4s to observe compliance with the provisions of the !ntellectual Property "ode, as amended; b+ !ssuance of visitorial order on the sub7ect premises; c+ !ssuance of compliance order against the respondent4s; or d+ !mmediate filing of administrative complaint before the local government unit concerned, and4or other government agencies or tribunals e+ #eferral of the case to a law enforcement agency for case build0up; f+ #ecommendation of application for search warrant; g+ 1ismissal of the complaint; h+ #eferral of the case to other government agencies for filing of charges for violation of other laws, rules or regulations; or i+ Such other actions necessary to ensure compliance with the provisions of the !P "ode, as amended+ Se !"#$ ++ 6iling of 4e!ort. ,he !3- may receive any and all reports and information relative to intellectual property rights violations for the purpose of monitoring violations of the provisions of the !P "ode, as amended, and possible case build0up thereof+ Se !"#$ ,+ Actions on the 4e!ort. #eports and information received by !3- shall be duly recorded and validated by the designated !P# 3nforcement -fficer+ ;pon recommendation of the !P# 3nforcement -fficer, the concerned right holder or authorized representative shall be re6uired to coordinate with the !3- to pursue and maintain enforcement actions on the report+ 9ailure of the right holder or authorized representative to initiate the necessary complaint within one (% month from notice shall cause the dismissal of the report, and due notice thereof shall be relayed to the informant on the apparent lack of interest of the right holder to pursue the complaint+ Se !"#$ -. Confi entialit( of 4ecor s. !n order not to affect the outcome of the enforcement actions of the !3-, the records relating to the complaint and4or report as well as the recommendation of the !P# 3nforcement -fficer, shall be treated as confidential and shall not be divulged to any person until any enforcement action, as defined under Section < #ule !!! of these #ules, has been issued4conducted by the !3-+ Se !"#$ .+ -ssuance of 5isitorial /r er. $fter due evaluation, the 1eputy 1irector 2eneral or an officer0in0charge may issue a visitorial order on the sub7ect business establishment for the purpose of ensuring compliance with the provisions of the

!ntellectual Property "ode, as amended+ ,he visitorial order shall in no case be valid for more than ten (%& days from issuance thereof+ Se !"#$ /. Contents of 5isitorial /r er. following) a+ b+ c+ d+ e+ f+ ,he visitorial order shall contain the

*ame and address of business establishment; *ame of respondent4s, if identified; *ature of the complaint; Sub7ect intellectual property rights; *ames of authorized personnel; Period of effectivity of the order+

Se !"#$ %0+ )roce ure in the Ser.ice of 5isitorial /r er. !n the conduct of visit to the sub7ect business establishment, the authorized personnel thereof must act with courtesy to the owner4s, employee4s, and4or representative4s of the business establishment+ ;pon arrival at the premises, the authorized personnel must identify themselves as such, and present to the owner4s employee4s, or representative4s of the business establishment the visitorial order+ ,he nature of the visit and the complained !P# violation must be duly explained+ !f upon arrival at the premises, the authorized personnel together with the product specialist or right holder or representative4s have seen in plain view the presence of counterfeit and4or pirated goods, and they have reasonable ground to believe that the business establishment is engaged in the manufacturing, production, importation, exportation, distribution, trading, and offering for sale, including other preparatory steps necessary to carry out the sale of counterfeit and4or pirated goods, the said determination shall be forthwith relayed to the owner4s, employee4s, or representative4s of the business establishment+ $ny ob7ections or 7ustifications by the owner4s, employee4s or representative4s of the business establishment shall be noted by the authorized personnel+ ,he said determination and ob7ection, if any, must be duly stated in the post0operation report and shall serve as the basis of administrative actions under these #ules+ Se !"#$ %%+ Su'&ission of 4e!ort an 4eco&&en ation+ =ithin ten (%& days from the conduct of visit, a post0operation report together with the recommendation thereof must be submitted to the 1eputy 1irector 2eneral or an officer0in0charge for !P# 3nforcement for appropriate administrative action+ Se !"#$ %&+ -ssuance of Co&!liance /r er. ,he 1eputy 1irector 2eneral or an officer0in0charge for !P# 3nforcement may issue a compliance order to the concerned business establishment before the appropriate administrative action is initiated+ Se !"#$ %'+ Co&!liance )erio . $ny person or business entity served with a compliance order relative to the complained violation of !P# or provisions of the !P "ode may avail of the compliance period of not more than sixty (>& days to avoid being sub7ected to an administrative action+

Se !"#$ %(+ 6iling of A &inistrati.e Action. !f there is reasonable ground to believe that a violation of the relevant trade and consumer laws, or local government ordinances has been committed, the !3- may initiate the appropriate charges before the local government units concerned, or other government agencies and4or tribunals+ RULE IV FINAL PROVISIONS Se !"#$ %. Se!ara'ilit( Clause. 5 !f any section or provision of these #ules shall be held to be invalid, the remaining provisions shall remain in full force and affect as completely as if the part held invalid had not been included therein+ Se !"#$ &. 6urnishing of Certifie Co!ies. 5 ,he !P-P./ 9inancial ?anagement and $dministrative Service (9?$S is hereby directed to immediately file three (' certified copies of these #ules with the ;niversity of the Philippines /aw "enter, and one (% certified copy each to the -ffice of the President, the Senate of the Philippines, .ouse of #epresentatives, the Supreme "ourt of the Philippines, and the *ational /ibrary+ Section 3. Effecti.it(. ,hese #ules shall take effect after fifteen (%@ days from publication in a newspaper of general circulation+