The Bureau of Legal Affairs hears and decides opposition to the application for registration of

marks; cancellation of trademarks; cancellation of patents, utility models, and industrial designs;
and petitions for compulsory licensing of patents. It also exercises original jurisdiction in
administrative complaints for violations of laws involving intellectual property rights: provided, that
its jurisdiction is limited to complaints where the total damages claimed are not less than Two
hundred thousand pesos (Php 200,000).
The Director of the Bureau of Legal Affairs has the power to hold and punish for contempt all
those who disregard orders or writs issued in the course of the proceedings. The Director has
also the power to impose administrative penalties.

HOW TO FILE CASES

PROCEDURE IN CASES BEFORE THE BUREAU OF LEGAL AFFAIRS

TO

: All Parties and Practitioners In Inter Partes Cases

and Administrative Cases Before the
Bureau of Legal Affairs (BLA)

THRU

: JOSEPHINE R. SANTIAGO
Deputy Director General

FROM

: ESTRELLITA B. ABELARDO
Director, Bureau Of Legal Affairs

DATE

: 02 April 2001

To ensure the efficient and speedy disposal of cases pending before the Bureau of Legal Affairs,
the following procedures shall be observed in the hearing of inter partes cases and
administrative cases:
1. The hearing of cases shall start on time. There shall be a first call of the cases, as scheduled
in the calendar of cases. Should parties or their counsels not be present during the first call, a
second call shall be made thirty (30) minutes thereafter. Should the parties or their counsels not
be present during the second call, the Hearing Officer shall, motu proprio or upon motion, order
that the absentee/s be declared non-suited or as in default, in case it is a pre-trial conference, or
be deemed to have waived its/their right to present evidence or its/their right to cross-examine the
witness, or issue any other order as may be appropriate in the case. Payment of fees for the
postponement/resetting of hearing shall be for the account of the requesting party. If it is a joint
motion for postponement, it shall be for the account of both parties.
2. Cases shall be called for hearing whether or not there is a Motion to Postpone/Reset Hearing
or whether or not counsels appear for the hearing. Motions to postpone or to reset hearing shall
be in writing and should be filed with the BLA three (3) days before the scheduled hearing date,
with proof of service of said motion to the adverse party. Requests for postponement or resetting
of the hearing through telephone shall not be considered.
3. Parties and/or their counsels are enjoined from approaching the Hearing Officers/Assistant
Director/Director to discuss their cases. Any and all concerns regarding pending cases shall be
addressed during the hearing of the case through proper pleadings, manifestations or motions.
4. Pleadings, motions, manifestations or any other document filed in connection with pending
cases all bear the correct title. A motion under the guise of a manifestation to avoid the payment
of propriate fees, shall not be considered as filed.
This Memorandum Circular shall take effect immediately.

(Sgd.) ESTRELLITA BELTRAN- ABELARDO

Director, Bureau of Legal Affairs
- See more at: http://www.ipophil.gov.ph/index.php/services/ip-cases2/how-to-filecases#sthash.4iLGWzh8.dpuf