December 23, 2021

In order to boost public interest on its Mediation Outside Litigation (MOL) services, the Intellectual Property Office of the Philippines (IPOPHL) through its Bureau of Legal Affairs (BLA) plans to provide an incentive package for prospective users of the services. Under the package, parties in dispute over IP will pay the basic mediation fee only if mediation is successful and the dispute is amicably settled. If the dispute case is not settled, the payment of fees is waived. The incentive is applicable to the first ten (10) requests or referrals to MOL.

RA 9285 (Alternative Dispute Resolution Act of 2004) directed all government agencies to encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an efficient tool in resolving of disputes. IPOPHL has an effective ADR Program since 2011. The mediation services under the BLA provide an option to parties in dispute for an effective and judicious solution of cases filed in the IPOPHL. IPOPHL is the first and to date, the only government agency recognized and accredited by the Department of Justice-Office for Alternative Dispute Resolution.  The OADR is the country’s lead agency for promoting ADR as an important means for achieving speedy resolution of cases while also de-clogging courts dockets.  An attached agency of the Department of Justice, the OADR monitors and develops standards and guidelines on the use of ADR by government agencies, among others.

In 2019, the IPOPHL opened to the public the MOL services as a viable mode or option to resolve IP-related disputes and avoid protracted and costly litigation. The MOL is intended as a private mediation to encourage parties to settle their dispute even before and without having to file a case first in the IPOPHL or in courts. Micro, small and medium enterprises (MSMEs) will benefit from the MOL in terms of avoiding protracted and costly litigation.

The incentive package could be available early next year once the mechanics are laid out and released to the public.