WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/PHL/I/9
3 February 2003
(03-0689)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
PHILIPPINES
The present document reproduces the text1 of the Intellectual Property Office Uniform Rules
on Appeal, as notified by the Philippines under Article 63.2 of the Agreement (see document
IP/N/1/PHL/2/Add.1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
PHILIPPINES
Le présent document contient le texte1 des Règles uniformes de l'Office de la propriété
intellectuelle concernant les recours, notifié par le s Philippines au titre de l'article 63:2 de l'Accord
(voir le document IP /N/1/PHL/2/Add.1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
FILIPINAS
En el presente documento se reproduce el texto1 de las Normas uniformes sobre la apelación
de la Oficina de Propiedad Intelectual, notificadas por Filipinas en virtud del párrafo 2 del artículo 63
del Acuerdo (véase el documento IP/N/1/PHL/2/Add.1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/PHL/I/9
Page 2
OFFICE ORDER NO. 12
Series of 2002
INTELLECTUAL PROPERTY OFFICE UNIFORM RULES ON APPEAL
WHEREAS,  there is a need to streamline the present procedure of filing cases in the
Office of the Director General and to centralize the filing of cases on appeal;
WHEREAS,  there is a need to promulgate a uniform rules on appeal to expeditiously
settle the cases on appeal;
NOW THEREFORE , the IPO hereby promulgates these Uniform Rules on Appeal.
Section 1 . Title and Coverage.- These Rules shall be known as the “IPO Uniform
Rules on Appeal.” These Rules shall cover decisions or final orders rendered by the Directorof the Documentation, Information and Technology Transfer Bureau (DITTB), the Director of
the Bureau of Legal Affairs (BLA), the Director of the Bureau of Patents (BOP) and theDirector of the Bureau of Trademarks (BOT).
Section 2.   Appeal to the Director General .- The decisions or final orders of the
Bureau Director shall become final and executory thirty (30) days after receipt of a copy
thereof by the appellant or appellants unless, within the same period, a motion forreconsideration is filed with the Bureau Director or an appeal to the Director General has
been perfected; Provided,  that only one (1) motion for reconsideration of the decision or
order of the Bureau Director shall be allowed; and, in case the motion for reconsideration is
denied, the appellant or appellants has/have the balance of the period prescribed above
within which to file the appeal.
Upon proper motion and the payment of the full amount of appeal fee before the
expiration of the reglementary period, the Director General may grant an additional period of
fifteen (15) days only within which to file the Appeal Memorandum. No further extension shall
be granted except for the most compelling reason and in no case to exceed fifteen (15)
days.
 Section 3 . Appeal Memorandum .- The appeal shall be perfected by filing an appeal
memorandum in three (3) legible copies with proof of service to the Bureau Director and the
adverse party, if any, and upon payment of the applicable fee, Reference Code 127 or 128,
provided in the IPO Fee Structure.
Section 4 . Contents of the Appeal Memorandum .- The appeal memorandum shall:
a) State the full name or names, capacity and address or addresses of the
appellant or appellants;
b) Indicate the material dates showing that it was filed on time;
c) Set forth concisely a statement of the matters involved, the issues raised, the
specification of errors of fact or law, or both, allegedly committed by the
Bureau Director and the reasons or arguments relied upon for the allowance
of the appeal;IP/N/1/PHL/I/9
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d) Be accompanied by legible copies of the decision or final order of the Bureau
Director and of the material portions of the record as would support the
allegations of the appeal; and
e) Contain a certification of non-forum-shopping.
Section 5 . Action on the Appeal Memorandum- The Director General shall:
a) Order the adverse party if any, to file comment to the appeal
memorandum within thirty (30) days from notice and/or order the
Bureau Director to file comment and/or transmit the records within
thirty (30) days from notice; or
b) Order the appellant/appellants to complete the formal requirements
mentioned in Section 4 hereof; or
c) Dismiss the appeal for being patently without merit, Provided, that
the dismissal shall be outright if the appeal is not filed within the
prescribed period or for failure of the appellant to pay the required
fee within the period of appeal.
Section 6 . Clarificatory Hearing.- The Director General may set the case for
clarificatory hearing if necessary.
Section 7 . Submission of Memoranda and Draft Decision .- Within five (5) days after
the filing of the comments of both parties or after the clarificatory hearing, the DirectorGeneral shall require the parties to submit their respective memoranda, attaching thereto
draft decisions if so desired. The memoranda and draft decisions must be submitted withinfifteen (15) days from notice.
Section 8 . Submission for Decision .- The case is deemed submitted for decision
upon the filing of the memoranda and draft decisions, if any, of the parties or the filing of the
last pleading required by these Rules or by the Director General.
 The case is also deemed submitted for decision after the lapse of the period
prescribed by these rules or by the Director General whether or not the parties submitted the
last pleading required.
Section 9 . Decision.-  The decision or order of the Director General shall be final and
executory fifteen (15) days after receipt of a copy thereof by the parties unless appealed tothe Court of Appeals in case of appeals from decisions or final orders of the BLA, BOP and
BOT, or the Secretary of the Department of Trade and Industry in case of appeals from thedecisions or final orders of the DITTB. The a ppeal shall not stay the decision or order of the
Director General unless the Court of Appeals or the Secretary of the Department of Trade
and Industry directs otherwise. No motion for reconsideration of the decision or order of the
Director General shall be allowed.
Section 10 . Payment of Fees on Filing of Motions.- All motions filed by the appellant
or appellants shall require the payment of the corresponding fee prescribed by the IPO.
Section 11. Amendments.-  The following Rules and Regulations are hereby
amended:
a) Part 11, Rules 1108, 1109,1110 and 1111 of the Trademark Regulations;IP/N/1/PHL/I/9
Page 4
b) Part 4, Rules 27, 28, and 29 of the Rules and Regulations on Voluntary
Licensing;
c) Sections 19, 20, 21 and 22 of the Rules on Dispute Settlement;
d) Rule 9 of the Regulations on Inter Partes Proceedings;
e) Rule 14 of the Rules and Regulations on Administrative Complaints for
Violation of Laws Involving Intellectual Property Rights;
f) Part 7, Rules 707, 708, 709 and 710 of Utility Model and Industrial Design
Regulations; and
g) Part 13, Rules 1308, 1309, 1310 and 1311 of the Rules and Regulations
on Inventions.
All other rules and regulations, office orders, memoranda, circulars and parts
thereof inconsistent with these Rules are also amended: Provided, That all cases onappeal to the Director General filed prior to the effectivity of these Rules, shallcontinue to be governed by the applicable Rules under which said appeals werefiled.
Section 12 . Separability. If any provision in these Rules or application of such
provision to any circumstance is held invalid, the remainder of these Rules shall not beaffected thereby.
Section 13 . Filing of Certified Copies.  The authorized Records Officer of the IPO is
hereby directed to immediately file three (3) ce rtified copies of these Rules with the UP Law
Center, and one (1) certified copy each with the Office of the President, the Senate of the
Philippines, the House of Representatives, the House of Representatives, the SupremeCourt of the Philippines and The National Library.
Section 14 .  Effectivity.  These Rules shall take effect on 15 March 2002 after
publication in the IPO website and in a newspaper of general circulation not later than 28
February 2002.
Done in the City of Makati, this 8
th day of February 2002.
EMMA C. FRANCISCO
                                                                                 Director General
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