Resolve Intellectual Property Disputes Before Filing a Case

Instead of immediately resorting to litigation, parties may choose to resolve their intellectual property dispute through Mediation Outside Litigation (MOL)—a voluntary, confidential, and cost-effective dispute resolution service offered by the Intellectual Property Office of the Philippines (IPOPHL).

What is Mediation Outside Litigation?

Mediation Outside Litigation (MOL) is an alternative dispute resolution (ADR) service that enables parties to settle intellectual property disputes before filing a case before IPOPHL, a court, or another administrative agency.

Instead of having a judge or adjudicator decide the dispute, the parties work with an impartial IPOPHL-accredited mediator who facilitates discussions and helps them reach a mutually acceptable agreement.

Participation in mediation is voluntary, and the mediator does not impose a decision on the parties.

Who may avail of MOL?

Mediation Outside Litigation (MOL) is primarily available to intellectual property (IP) owners, applicants, or persons claiming rights or interests in intellectual property who seek to resolve disputes amicably before resorting to litigation or administrative proceedings.

MOL may be availed of by:

  • Trademark owners or applicants;
  • Patent owners or inventors;
  • Copyright owners, authors, artists, and creators;
  • Industrial design and utility model owners;
  • Businesses, MSMEs, startups, and corporations with IP assets;
  • Licensees, licensors, assignees, franchisees, and other parties with rights or interests in intellectual property; and
  • Other individuals or juridical entities involved in an intellectual property dispute who voluntarily agree to undergo mediation.

What types of disputes may be mediated?

If your dispute involves intellectual property rights or interests, Mediation Outside Litigation (MOL) may help you reach an amicable settlement before filing a case.

MOL may be used for disputes involving:

  • Trademarks (ownership, use, infringement, licensing, or coexistence)
  • Patents (ownership, inventorship, licensing, or commercialization)
  • Copyright and related rights (ownership, authorship, infringement, royalties, or licensing)
  • Industrial designs and utility models
  • Technology transfer, licensing, franchising, and other IP-related agreements
  • Assignment, transfer, or commercialization of intellectual property
  • Royalty payments and contractual obligations involving intellectual property
  • Other intellectual property disputes that the parties voluntarily agree to submit to mediation

How to start the Mediation process?

Step 1: Submit an Inquiry

If you would like to know whether MOL is appropriate for your dispute, you may first complete the MOL Inquiry Form 

Step 2: Submit the Agreement and Request to Avail of MOL

Once both parties agree to undergo mediation, they should accomplish and sign the Agreement and Request to Avail of MOL

Step 3: Pay the Filing Fee

The applicable filing fee should be paid using the prescribed IPOPHL payment facilities. After payment, email a scanned copy of the official receipt or proof of payment to the BLA-ADRS.

Step 4: Receive the Notice of Acceptance

Once your request and payment are verified, the BLA-ADRS will issue a Notice of Acceptance through email.

Why choose Mediation Outside Litigation?

Choosing mediation offers several advantages.

☑ Faster Resolution: Disputes may be resolved in significantly less time than formal litigation.

☑ Lower Costs: Mediation generally involves lower expenses than court proceedings.

☑ Confidential Process: The discussions during mediation remain confidential, encouraging open communication.

☑ Flexible Solutions: The parties themselves develop solutions that address their specific interests and business needs.

☑ Preserves Relationships: Since mediation is collaborative rather than adversarial, it helps preserve commercial and professional relationships.

☑ Voluntary Participation: The parties remain in control of the outcome. No settlement is imposed upon them.

Can someone represent me in the mediation?

Yes. If a party cannot personally participate, an authorized representative may attend on their behalf.  The representative must have written authority, such as:

  • Special Power of Attorney;
  • Secretary’s Certificate;
  • Board Resolution; or
  • another written authority authorizing the representative to negotiate and enter into a compromise agreement.

Is mediation conducted online or face-to-face?

Both options are available.

  • Online Mediation – The default mode is through secure online videoconferencing.
  • Face-to-Face Mediation – If both parties agree, mediation may also be conducted through a physical meeting at a mutually agreed venue.

How much does MOL cost?

Initial Filing Fee

Each party shall pay: PHP 7,500.00 plus the applicable Legal Research Fund.

This covers:

  • up to eight (8) mediation sessions;
  • one (1) hour per session.

Extension Fee

If additional sessions are needed: PHP 1,000.00 plus the applicable Legal Research Fund for every extension covering two (2) additional one-hour sessions.

What happens after mediation?

  • If the parties reach an agreement, they may execute a written settlement or compromise agreement.
  • If no agreement is reached, either party may discontinue the mediation and pursue other available legal remedies.

For questions regarding Mediation Outside Litigation, filing requirements, fees, or clarification, you may contact the:
Bureau of Legal Affairs – Alternative Dispute Resolution Service (BLA-ADRS): blaadrs@ipophl.gov.ph