The resolution of intellectual property (IP) disputes filed before the Intellectual Property Office of the Philippines (IPOPHL) can now be mediated online.
Known for its remarkable digital transformation journey, the IPOPHL issued Memorandum Circular (MC) 2020-12 on May 4, 2020. The said circular revised the old MC 2020-11 to give way for the holding of online mediation of IP disputes in light of the COVID-19 crisis.
In a statement last Thursday, May 21, 2020, IPOPHL’s newly appointed Director General Rowel S. Barba stated that “the new issuance ensures the safety and convenience of the parties and the mediators as well as the continuance of mediation services during the Modified Enhanced Community Quarantine and beyond”.
“Moreover, we see our mediation service’s transition to the digital environment as a transformative step that inspires us to further expand our suite of online services. Increasing our use of digital solutions will definitely make IPOPHL’s services simpler, faster, more cost-effective, while ensuring continuous operations even in a crisis” Director General Barba added.
As part of IPOPHL’s main alternative dispute resolution service, mediation enables parties to settle their domestic or cross-border intellectual property and technology disputes out of traditional litigation. This provides for an efficient and cost-effective way of resolving the dispute compared to the tedious, costly, and protracted litigation process.
Besides, mediation encourages settlement of disputes where the parties exercise autonomy and are assured confidentiality. Being a win-win solution, this platform for alternative dispute resolution promotes the business interests of both parties.
Just recently, the IPOPHL and the World Intellectual Property Organization Arbitration and Mediation Center (WIPO-AMC) established the IPOPHL-WIPO Mediation Option. The joint dispute resolution procedure is specially designed to the advantage of international parties seeking to settle related and cross-border disputes in multiple jurisdictions.
Disputes that can be resolved through mediation before the IPOPHL may be related to, among others, trademark opposition cases, administrative complaints for violation of intellectual property rights, disputes involving technology transfer payments and disputes relating to the terms of a license involving the author’s rights to public performance or other communication of his work.
Click here to read more on 2020-12: https://drive.google.com/file/d/1fudPOes7eby2AoH5YIWztpCjLnHx9zw2/view
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