RULE 10
Evidence
SECTION 1. Evidence Required. – Substantial evidence shall be sufficient to support a decision or order.
A fact may be deemed established if it is supported by substantial evidence. It means such relevant evidence which a reasonable mind might accept as adequate to support or justify a conclusion.
SECTION 2. Documentary Evidence. – Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, the parties shall be given opportunity to compare the copy with the original. If the original is in the custody of a public officer, a certified copy thereof may be accepted.
SECTION 3. Director or Hearing Officer not Bound by Technical Rules of Evidence. – The Director or Hearing Officer shall receive relevant and material evidence, rule on offer of evidence and exclude all irrelevant matters, and shall act according to justice and fairness. The Bureau, in the exercise of its power to hear cases within its jurisdiction shall not be strictly bound by the technical rules of evidence. The Bureau shall; however, take judicial cognizance of the official acts of the legislative, executive and the judicial departments of the Philippines, the laws of nature, scientific facts as published in treatises, periodicals, or pamphlets and other facts which are of public knowledge or general knowledge as would enable the Director or Hearing Officer to rule upon the technical issues in the case.
SECTION 4. Burden of Proof in Process Patents. – If the subject matter of a patent is a process for obtaining a product, any identical product shall be presumed to have been obtained through the use of the patented process if the product is new or there is substantial likelihood that the identical product was made by the process and the owner of the patent has been unable despite reasonable efforts, to determine the process actually used. In ordering the defendant to prove that the process to obtain the identical product is different from the patented process, the Director shall adopt measures to protect, as far as practicable, his manufacturing and business secrets.
SECTION 5. Power to Stop Further Evidence. – The Hearing Officer may stop the introduction of further testimony upon any particular point when the evidence is already so full that more witness to the same point cannot be reasonably expected to be additionally persuasive. The Hearing Officer, however, should exercise this power with caution so as not to cause manifest injustice to the parties.
SECTION 6. Equitable Principles to Govern Proceedings. – In all cases involving intellectual property rights, the equitable principles of laches, estoppel, and acquiescence where applicable, may be considered and applied.
RULE 11
Decisions and Orders
SECTION 1. Rendition of Decisions. – (a) The case is deemed submitted for resolution upon termination of the period for reception of evidence provided in Section 1 of Rule 9 and the evidence formally offered. Whether or not the parties submit a final pleading such as memorandum, the case shall be decided by the Bureau within thirty (30) calendar days from submission as provided herein.
All decisions determining the merits of cases shall be in writing, stating clearly and distinctly the facts and law on which they are based and signed by the Director.
(b) Decisions and final orders shall be served by mail, personal service or publication as the case may require.
RULE 12
Administrative Penalties and Sanctions
SECTION 1. Administrative Penalties Imposable. – After formal investigation, the Director, may impose one (1) or more of the following administrative penalties:
(a) Issuance of a cease and desist order which shall specify the acts that the respondent shall cease and desist from and shall require him to submit a compliance report within a reasonable time which shall be fixed in the Order;
(b) The acceptance of a voluntary assurance of compliance or discontinuance as may be imposed. Such voluntary assurance may include one or more of the following:
(i) An assurance to comply with the provisions of the Intellectual Property Law violated;
(ii) An assurance to refrain from engaging in unlawful and unfair acts and practices subject of the formal investigations;
(iii) An assurance to recall, replace, repair or refund the money value of defective goods distributed in commerce,
(iv) An assurance to reimburse the complainant the expenses and costs incurred in prosecuting the case in the Bureau;
The Director may also require the respondent to submit periodic compliance reports and file a bond to guarantee compliance of his undertaking;
(c) The condemnation or seizure of products which are subject of the offense. The goods seized hereunder shall be disposed of in such manner as may be deemed appropriate by the Director, such as by sale, donation to distressed local government units or to charitable or relief institutions, exportation recycling into other goods, or any combination thereof, under such guidelines as he may provide;
(d) The forfeiture of paraphernalia and all real and personal properties which have been used in the commission of the offense;
(e) The imposition of administrative fines in such amount as deemed reasonable by the Director, which shall in no case be less than Five Thousand Pesos (P5,006.00) nor more than One Hundred Fifty Thousand Pesos (P150,000.00). In addition, an additional fine of not more than One Thousand Pesos (P1,000.00) shall be imposed for each day of continuing violation;
(f) The cancellation of any permit, license, authority, or registration which may have been granted by the Office, or the suspension of the validity thereof for such period of time as the Director may deem reasonable which shall not exceed one (1) year;
(g) The withholding of any permit, license, authority or registration which is being secured by the respondent from the Office;
(h) The assessment and award of damages,
(i) Censure,
(j) Other analogous penalties or sanctions such as those provided under Section 216 of Republic Act No. 8293.
RULE 13
Judgments, Final Orders and Entry Thereof
SECTION 1. Rendition of Judgments and Final Orders. – A Judgment or final order determining the merits of the case shall be in writing, stating clearly and distinctly the facts and the law on which it is based, signed by the Director, and filed with the appropriate Register of the Office.
SECTION 2. Entry of judgments and Final Orders. – If no appeal is filed within the time provided in these Regulations, the Director, shall forthwith cause the entry of the judgment or final order in the appropriate Register of the Office. The date of finality of the judgment or final order shall be deemed to be the date of its entry. The record shall contain the dispositive part of the judgment or final order and shall be signed by the Director, with a certificate that such judgment or final order has become final and executory.
SECTION 3. Order and Writ of Execution. – As soon as a decision or order has become final and executory, the Director shall, motu proprio or on motion of the interested party issue an order of execution deputizing and requiring the appropriate officer or personnel of the Office, or such other duly authorized government agent, officer, or personnel, to execute and enforce said decision or order.
SECTION 4. Execution Pending Appeal. – On motion of the prevailing party with notice to the adverse party or motu proprio and upon filing of an approved bond, the Director may, in his discretion, order execution to issue even before the expiration of the time to appeal, upon good reasons to be stated in the order. The execution pending appeal may be stayed by the filing of an approved counterbond in an amount to be fixed by the Director.
RULE 14
Appeal
SECTION 1. Finality of Decision and Order. – (a) The decision and order of the Director shall become final and executory fifteen (15) days after the receipt of a copy thereof by the party affected unless within the said period an appeal to the Director General has been perfected.
(b) Decisions of the Director General shall be final and executory unless an appeal to the Court of Appeals or the Supreme Court is perfected in accordance with the Rules of Court applicable to appeals from decision of Regional Trial Courts.
(c) Interlocutory orders shall not be appealable;
(d) No motion for reconsideration of the decision of the Director General shall be allowed.
SECTION 2. Appeal, How Perfected. – Appeal may be perfected by filing a Notice, of Appeal with the Director General and the Director and a copy thereof served upon the adverse party within fifteen (15) days from receipt of the order or Decision and upon payment of the corresponding docket fee.
Final Provisions
SECTION 1. Separability. – If any provision in these Regulations or application of such provision to any circumstance is held invalid, the remainder of these Regulations shall not be affected thereby.
SECTION 2. Furnishing of Certified Copies. – Mr. Eduardo Joson, Records Officer II, is hereby directed to immediately file three (3) certified copies of these Regulations with the University of the Philippines Law Center, and one (1) certified copy each to the Office of the President, the Senate of the Philippines, the House of Representatives, the Supreme Court of the Philippines, and the National Library.
SECTION 3. Effectivity. – These rules and regulations shall take effect fifteen (15) days after publication in a newspaper of general circulation.
Approved:
(SGD.) EMMA C. FRANCISCO
Director General
Recommended By:
(SGD.) ESTRELLITA BELTRAN-ABELARDO
Director, Bureau of Legal Affairs
