IP dispute mediation now online — IPOPHL

MANILA, Philippines — The Intellectual Property Office of the Philippines (IPOPHL) is mandating the conduct of mediation services online to settle IP disputes starting this month.

Memorandum Circular (MC) 2020-047 or the Amendments to the Revised Rules on Mediation and MC 2020-048 or the Amendment to the Rules of Procedure for IPOPHL Mediation Outside of Litigation, which both provide that mediation proceedings will no longer be conducted within the IPOPHL offices but through online or virtual video conference, took effect on April 3.

“With these amendments and value-added enhancements, IPOPHL sees its upgraded mediation services as a viable choice for local, including micro, small and medium enterprises, and foreign stakeholders as the mode and venue of resolving IP disputes,” IPOPHL director general Rowel Barba said in a statement.

Online mediation was first offered by the IPOPHL in May last year with lockdowns imposed to contain the spread of COVID-19.

Bureau of Legal Affairs director Nathaniel Arevalo said IPOPHL may be the first government agency to implement an end-to-end online mediation from referral or filing of requests up to the submission of settlement agreement or termination.

The circulars provide that parties may still opt for face-to-face mediations, subject to the BLA director’s approval.

Meanwhile, IPOPHL said the revival of the World Intellectual Property Organization (WIPO) Option for mediation is seen to be beneficial for those with IP-related disputes in multiple jurisdictions.

Through the WIPO Option, IP disputes at IPOPHL are referred to the WIPO-Arbitration and Mediation Center (AMC), which would then assist parties in the selection of mediators and offer facilitation services.

To promote the use of the WIPO Option, the WIPO-AMC has waived the $100 administration fee.

It also reduced the mediators’ fee to P4,000 or the same rate as IPOPHL’s mediation fee.

“The waived fee will encourage more parties to avail of the WIPO Option by paying the same amount as that of IPOPHL,” Arevalo said.