Process Flow

Pre-Litigation/Mandatory Mediation

The pre-litigation mediation also referred to as Mandatory Mediation is covered under IPOPHL Memorandum Circular No. 008, Series of 2018, Revised Rules on Mediation. Under the Mandatory Mediation, all cases referred to ADR are required to undergo mediation. The following cases are covered under this procedure:

  1. Administrative complaints for violation of Intellectual Property Rights (IPV) and/or Unfair Competition;
  2. Inter Partes Cases (IPC);
  3. Disputes involving technology transfer payments;
  4. Disputes relating terms of a license involving the author’s rights to public performance and other communication of his work;
  5. Appeals to the Office of the Director General (“ODG”) 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").

The ODG, BCORR, BLA and the DITTB are referred to as the Originating Offices. Once referred to mediation, the parties are required to appear for a pre-mediation conference on a date and time ordered by the Originating Office. The parties are likewise required to pay the mediation fee after the pre-mediation meeting. Non-appearance during the pre-mediation conference and/or non-payment of the mediation fee shall be ground for the dismissal of the case for the complainant; and for the respondent to be declared in default.

In the pre-mediation conference, the parties will be brief on the procedures on mediation. They will be asked to agree on the mediator who will handle the case; and decide on the date and time of the mediation. The parties will also be informed of their option to submit the case to WIPO mediation under the IPOPHL Referral System. If the parties agree to submit to WIPO mediation, they will be provided additional information relating to the procedure to the IPOPHL Referral option.

The mediation period is sixty (60) days from referral, extendible to ninety (90) days if warranted. Thirty (30) days after the submission of the case to mediation, the BLA-ADRS in coordination with the mediator concerned, shall direct the parties to signify whether or not they want to terminate the mediation.
 
If the parties signify that they want an early termination, the mediator shall immediately terminate the proceedings in accordance with the relevant provisions under Section 8 of the Revised Rules on Mediation, as amended. If the parties signify that they do not want an early termination, the mediation shall proceed accordingly.
 

If the parties settled their case, the settlement agreement, legally referred to as the Compromise Agreement, shall be submitted to the Originating for approval. In case of failure of mediation, the case shall be returned to the Originating Office for resolution.

Mediation Outside Litigation

The Mediation Outside Litigation follows a similar procedure to that of the Pre-litigation or Mandatory Mediation. Once a case is filed with the ADRS, the parties will be required to attend the pre-mediation conference. Since the parties’ submission of the case is based on their own volition and is not based on a legal summon, the mediation is considered private to the parties. The mediation is terminated upon the occurrence of the following:

  1. The signing of the parties of a settlement agreement;
  2. If any of the party decides to that he/she is no longer interested to pursue the mediation; and
  3. If based on the opinion of the mediator, the mediation will not resolve the dispute of the parties.

Being a private mediation, the proceedings will be handled with utmost confidentiality. Only the parties can publish any information regarding the mediation and its outcome. The non-settlement of the dispute will not preclude or bar the parties from action to IPOPHL or any competent judicial or administrative body.

 

IPOPHL Referral to WIPO Mediation

All cases filed in the IPOPHL primarily involving one or more parties domiciled outside the Philippines can avail of the IPOPHL Referral System. The IPOPHL Referral to WIPO Mediation may be advantageous for international parties seeking related disputes in multiple jurisdictions.

Appointment of the Mediator       

The parties may appoint any mediator from the WIPO Panel of international mediators (which includes IPOPHL accredited mediators). Unless the parties have otherwise agreed themselves on the person of the mediator or on another procedure for appointing the mediator, the appointment shall take place in accordance with the list procedure described in Article 6 of the WIPO Mediation Rules. The prospective mediator shall, by accepting appointment, be deemed to have undertaken to make available sufficient time to enable the mediation to be conducted expeditiously.

Submitting to WIPO Mediation

The IPOPHL Referral to WIPO Option can be availed for as part of the Pre-litigation Mediation and Mediation Outside Litigation. Upon referral of a case to IPOPHL Mediation, parties shall be informed during the pre-mediation conference of their option to submit their dispute to WIPO Mediation and shall receive a copy of the Agreement and Request for WIPO Mediation. If the parties fail to agree to submit the dispute to WIPO Mediation, the IPOPHL mediation process shall immediately resume. If the parties agree to refer the case to WIPO Mediation they shall complete and sign the Agreement and Request for WIPO Mediation and return it to the Bureau of Legal Affairs’ Alternative Dispute Resolution Services (BLA-ADRS).