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RULES AND REGULATIONS ON
INTER PARTES PROCEEDINGS
[PETITION FOR CANCELLATION OF A MARK, PATENT, UTILITY MODEL,
INDUSTRIAL DESIGN, OPPOSITION TO REGISTRATION OF A MARK AND COMPULSORY LICENSING]
FULL TEXT
 
RULE 9 
RECONSIDERATION; APPEAL


Section 1. Appeal to the Director General.  

    (a) The decision or order of the Director or the Committee of Three shall become final and executory fifteen (15) days after receipt of a copy thereof by the party affected unless within the said period,  a motion for reconsideration is filed with the Director or an appeal to the Director General has been perfected.  

    (b) Interlocutory orders shall not be appealable. 


Section 2.  Grounds of and period for filing motion for reconsideration.  Within the period for taking an appeal, the aggrieved party may  move for reconsideration upon the grounds that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.  


Section 3.  Contents of motion for reconsideration and notice thereof.  The motion shall be made in writing stating the ground or grounds therefor, a written notice of which shall be served by the movant on the adverse party.  

A motion for reconsideration shall point out specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or to provisions of law alleged to be contrary to such findings or conclusions.  

A pro forma motion for reconsideration shall not toll the reglementary period of appeal.  


Section 4.  Action upon motion for reconsideration.  If the Director finds that the judgment or final order is contrary to the evidence or law, he may amend such judgment or final order accordingly.  


Section 5.  Resolution of motion.  A Motion for reconsideration shall be resolved within one (1) month from the time it is submitted for resolution.  


Section 6.  Second motion for reconsideration.  No party shall be allowed a second motion for reconsideration of a judgment or final order.  


Section 7.  Partial reconsideration.  If the grounds for a motion under this Rule appear to the Director to affect the issues as to only a part, or less than all of the matter in controversy, or only one, or less than all, of the parties to it, he may grant reconsideration as to such issues if severable without interfering with the judgment or final order upon the rest.  


Section 8.  Remedy against order denying a motion for reconsideration.  An order denying a motion for reconsideration is not appealable, the remedy being an appeal from the judgment or final order.  


Section 9.  Appeal to the Court of Appeals or Supreme Court.  No motion for reconsideration of any decision or final order of the Director  General shall be entertained and,  the decision or final order 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 Rule 41 of the Rules of Court applicable to appeals from decisions of Regional Trial Courts.  

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