The Alternative Dispute Resolution (ADR) of the IPOPHL resolves cases of IP disputes through mediation.
This function is carried out by a dedicated unit, the Alternative Dispute Resolution Services (ADRS), which is under the Bureau of Legal Affairs. The primary function of the ADR is to assist the parties during the mediation period to facilitate the resolution of the dispute. The services of ADRS include:
- Briefing the parties prior to mediation to familiarize them on the rules and procedures of IPOPHL on mediation;
- Assists the parties in the selection of mediator;
- Provides case management service during the duration of mediation; and
- Return the case to the originating office upon conclusion of mediation.
IPOPHL, in collaboration with the World Intellectual Property Organization (WIPO) is also offering WIPO Mediation. The WIPO Mediation Option may be advantageous for international parties seeking related disputes in multiple jurisdictions.
POPHL’s Mediation Service enable parties to settle their domestic or cross-border IP and technology disputes out of the traditional litigation. Mediation encourages settlement through a non-binding and confidential procedure which promotes the business interest of the parties. This provides for an efficient and cost-effective way of resolving the dispute compared to the tedious and protracted litigation process.
The principal characteristics of mediation are:
- Adherence to the concept of party autonomy.
- Flexibility of procedures thus, giving parties greater control over the way on which to resolve issues and eventually the conflict.
- Confidentiality of the proceedings allows greater focus on the merits of the dispute and limits disclosure of important IP assets such as trade secrets.
- If implemented the right way may result to lower cost of settling the dispute.
- Less adversarial promotes the preservation of relationships and the preservation of reputations.
The following cases shall be 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 from the decisions of the Bureau of Copyright and Other Related Rights (“BCORR”), the Bureau of Legal Affairs (“BLA”), and the Documentation, Information and Technology Transfer Bureau (“DITTB”); and
- Other cases determined by IPOPHL.
Beginning on October 2018, the IPOPHL implemented mandatory mediation of IP disputes for all of the above cases.
Under the ADR Program of IPOPHL, mediation is part of the adjudication process. Mediation is provided to the parties as the first viable option in resolving their dispute. Once mediation is not successful, the case is submitted to litigation for resolution.
Mediation is a process of settling dispute with the help of a third neutral party called the mediator. The main function of the mediator is to facilitate the discussion and negotiation; and skillfully enjoins the parties to cooperate in order to come up with a mutually satisfactory settlement of their dispute. Mediation resolves disputes quickly and efficiently as parties work together with the mediator in finding a solution beneficial to both parties.
To further provide options to parties in dispute, the IPOPHL considers offering other ADR procedures such as arbitration in facilitating the resolution of IP disputes brought before its jurisdiction.
Arbitration is described as a binding procedure in which the dispute is submitted to one or more neutrals, called an arbitrator or a tribunal, respectively, who make a final decision on the dispute.
For more information, please call
(02) 7238-6300 local 2601, 2602
Records & Case Management: 2301, 2305