Whereas,
Republic Act No. 8293 otherwise known as the Intellectual Property Code
of the Philippines shall take effect on January 1, 1998;
Whereas,
thereupon, the Bureau of Patents, Trademarks and Technology Transfer is
abolished and the Intellectual Property Office is created;
Whereas,
the Intellectual Property Office shall be organized within one year
from
the approval of the Intellectual Property Code on June 6, 1997, or on
before
June 5, 1998;
Whereas,
there is a need to protect existing rights and to secure rights that
arise
upon the effectivity of the Intellectual Property Code;
NOW, THEREFORE, pending the organization of the Intellectual
Property
Office, in the interest of service and in order to protect existing
rights
and to secure to all concerned substantive rights that arise upon the
effectivity
of Republic Act No. 8293, this MEMORANDUM ORDER is hereby issued.cralaw:red
The Bureau of Patents, Trademarks and Technology Transfer is hereby
directed
to cause the publication of this MEMORANDUM ORDER in a newspaper of
general
circulation, post notices hereof in conspicuous places in the Bureau,
and
make copies available to all interested parties.cralaw:red
Sec. 1. Definitions.
For ease of reference, the following acronyms are adopted:
"PI
Code" which refers to Republic Act No. 8293 otherwise known as the
Intellectual Property Code of the Philippines;
"IP Office" or "IPO" which refers to the Intellectual
Property
Office; and
"BPTTT" which refers to the Bureau of Patents, Trademarks, and
Technology
Transfer.cralaw:red
The term "Director
General" refers to the Director General of the IP Office as
provided
in the IP Code.cralaw:red
Sec. 2. Application
Forms and Fees.
a.
Until amended or otherwise modified in rules and regulations that the
Director
General of the IP Office is mandated to issue, the annexed application
forms for applications for patents, utility models, industrial designs
and trademarks shall be used.cralaw:red
b. The present fees and charges of the BPTTT shall continue to
apply
unless amended or otherwise modified in rules and regulations that the
Director General is mandated to issue.cralaw:red
Sec. 3. Acceptance
of Applications.
a.
Acceptance of applications for grant of patents and trademarks and
exemption
of technology transfer arrangement shall be performed by BPTTT
personnel
designated hereunder.cralaw:red
Sec. 4. Processing
of Patent and Trademark Applications.
a. Patent and Trademark Applications Received as of December 31,
1997.cralaw:red
i. Processing of applications for invention patents
received
by the BPTTT as of December 31, 1997 shall continue; and pursuant to
Section
235.1 of the IP Code, the processing shall be made in accordance with
Republic
Act No. 165 and the corresponding Rules of Practice in Patent Cases.cralaw:red
ii. Pursuant to Section 235.1 of the IP Code, applications for
utility
models or industrial designs received by the BPTTT as of December 31,
1997
shall be proceeded with in accordance with the IP Code, unless the
applicants
elect to prosecute said applications in accordance with the Acts under
which they were filed. Accordingly, all applicants for utility
models
and industrial designs as of December 31, 1997 are hereby given until
June
30, 1998 within which to notify the IP Office in writing that they
elect
to prosecute their applications in accordance with Republic Act. No.
165.
The Notification shall be addressed to: "The Director General,
Intellectual
Property Office, 361 Sen, Gil Puyat Avenue, Makati City, Philippines".cralaw:red
iii. The processing of all applications for utility models and
industrial
designs received by the BPTTT as of December 31, 1997 is hereby
suspended
until June 30, 1998. Starting on July 1, 1998, applications for
utility
models and industrial designs received by the BPTTT as of December 31,
1997 where the applicants did not notify their election for prosecution
under Republic Act No. 165 shall be registered in accordance with the
IP
Code, in which case the filing date shall either be the priority date
that
has been validly claimed or the date on which the complete application
was received by the BPTTT, whichever is earlier.cralaw:red
iv. Processing of applications for registration of marks and
trademarks
pending in the BPTTT as of December 31, 1997 shall continue for
purposes
of bringing the same under the provisions of the IP Code.
Accordingly,
all concerned applicants are hereby given until June 30, 1998 within
which
to amend, if practicable, their applications to bring them under the
provisions
of the IP Code. All communications for this purpose shall be
addressed
to: "The Director General, Intellectual Property Office, 361 Sen. Gil
Puyat
Avenue, Makati City, Philippines".cralaw:red
b. Patent and Trademark Applications Filed as of January 1, 1998
i. The processing of applications for patents, utility models,
industrial
designs, and trademarks received as of January 1, 1998, regardless of
the
filing date or priority date, as the case may be, shall be suspended
until
June 30, 1998 or such other date determined in rules and regulations
that
the Director General is mandated to issue.cralaw:red
Sec. 5. Processing
of Technology Transfer Agreements.
a. Technology Transfer Arrangement Submitted for Registration as
of December 31, 1997.cralaw:red
Technology transfer arrangements submitted for registration as of
December
31, 1997 shall continue to be processed: Provided, however,
that
the substantive provisions of Section 87 on Prohibited Clauses and
Section
88 on Mandatory Provision shall be applied in determining the
registrability
of such technology transfer arrangements.cralaw:red
b. Request for Exemption of Technology Transfer Arrangements
The filing and processing of requests for exemption from Sections 87
and
88 of the IP Code shall be suspended until such time as the IP Office
is
organized to enable it to process the requests as determined in rules
and
regulations that the Director General is mandated to issue.cralaw:red
Sec. 6. Hearing
of Cases; Mediation.
a.
Cases Pending Before the Hearing Division of the BPTTT
Inter Partes Cases and Petitions for Compulsory Licensing pending
before
the Hearing Division of the BPTTT shall continue to be heard and
interlocutory
orders issued: Provided, that decisions or orders on
Motion
for Reconsideration of decisions or orders issued by the BPTTT Director
shall not be made although drafts may be prepared together with a
memorandum
containing the facts of the case, the issue or issues to be resolved,
the
law and the facts on which the drafts decision or order is based.cralaw:red
b.
Cases Cognizable by the Bureau of Legal Affairs of the IP Office
The filing and prosecution of cases cognizable by the Bureau of
Legal
Affairs of the IP Office under Sections 10.1 and 10.2, and Chapter X of
the IP Code shall be suspended until June 30, 1998 or until such other
time after the organization of the IP Office as determined in the rules
and regulations that the Director General is mandated to issue.cralaw:red
Sec. 7. Designation
of BPTTT Personnel
a. For the orderly and timely implementation of this
Memorandum
Order, the following BPTTT personnel are hereby designated to perform
and
assume all the duties, functions and responsibilities as may be
required
or necessary to implement this Memorandum Order, with compensation
based
on their present position or designation in the BPTTT: Provided,
that
personnel, including those in caretaker capacity, occupying BPTTT
positions
entitled to representation and transportation allowance shall be
entitled
to claim such representation and transportation allowance:
Provided
further, that the entitlement to compensation, representation and
transportation
allowance hereby authorized shall be effective until such personnel are
absorbed in or transferred to the IP Office: Provided finally,
that BPTTT personnel shall cease to receive compensation,
representation
and/or transportation allowance corresponding to their position or
designation
in the BPTTT upon their assumption of their position or designation in
the IP Office at which time they shall receive such compensation and
other
benefits appurtenant to their position or designation in the IP Office,
or upon their inability to be absorbed in or transferred to the IP
Office.cralaw:red
b. Reference to any division of the BPTTT in this Memorandum
Order,
including the designation and authorization hereby given, shall include
the Division Chief or Caretaker, as the case may be, Assistant Division
Chief, and all other employees detailed at the Office of the Director
who
shall revert to their respective divisions.cralaw:red
c. BPTTT Director Amma C. Francisco is hereby designated to
implement
this Memorandum Order until such time that the President shall have
appointed
the Director General of the IPO. The designation covers all
vouchers
within the authority of a Bureau Director, domestic travel orders and
the
issuance of relevant instructions on administrative and operating
matters
to all BPTTT personnel designated herein, including the following:
i. The Application Issuance and Publication Division (hereinafter
referred to as "AIPD") of the BPTTT is hereby designated to
receive
all communications addressed to or intended for the BPTTT or the IP
Office,
receive payments and issue receipts therefor. The AIPD Cashier is
hereby designated and authorized to retain all the fees, fines,
royalties
and other charges collected in accordance with Section 14 of the IP
Code.cralaw:red
ii. The Trademark Examining Division (hereinafter referred to as
the "TMED") of the BPTTT is hereby designated to examine
trademark
applications for the purpose of determining whether a filing date may
be
granted in accordance with Section 127 of the IP Code and to authorize
the payment of the applicable fees to the AIPD. For this purpose,
Atty, Rosario N.E. Macatangay is hereby directed to designate examiners
who shall act as DUTY OFFICERS on a specified schedule.cralaw:red
The TMED is hereby
authorized to examine the trademark applications filed as of December
31,
1997 pursuant to Section 235.2 of the IP Code.cralaw:red
iii. The Chemical Examining Division (hereinafter referred to as
"CHED") of the BPTTT is hereby designated to examine applications
for
invention patents for the purpose of determining whether a filing date
may be granted in accordance with Section 40 of the IP Code and to
assess
and authorize the payment of the applicable fees to the AIPD. For
this purpose, Engr. Lita Terrado, Chief of the CHED, is hereby directed
to designate examiners who shall act as DUTY OFFICERS, on a specified
schedule.cralaw:red
Pursuant to Section 235.1 of the IP Code, the CHED is hereby authorized
to examine all applications for invention patents filed as of December
31, 1997 in accordance with Republic Act. No. 165 and the
corresponding
Rules of Practice in Patent Cases.cralaw:red
iv. The Mechanical and Electrical Examination Division
(hereinafter
referred to as "MEED") of the BPTTT is hereby designated to
examine
applications for registration of utility models for purposes of
determining
whether a filing date may be granted in accordance with Section 40 in
relation
to Section 108 of the IP Code; and, to examine applications for
registration
of industrial designs for purposes of determining whether a filing date
may be granted in accordance with Sections 116.1 and 116.2 of the IP
Code;
and, to assess and authorize the payment of the applicable fees to the
AIPD. For this purpose, Engr. Joven Gertes, Caretaker of the
MEED,
is hereby directed to designate examiners who shall act as DUTY
OFFICERS,
on a specified schedule.cralaw:red
Pursuant to Section 235.1 of the IP Code, the MEED is hereby authorized
to examine all applications for invention patent filed as of December
31,
1997 in accordance with Republic Act. No. 165 and the corresponding
Rules
of Practice in Patent Cases.cralaw:red
v. The Patent and Trademark Registry Division (hereinafter
referred
to as "REG") is hereby designated to examine all post
registration
requirements, including affidavits of use, for the purpose of
determining
compliance with requirements under Republic Act No.165 and the
corresponding
Rules of Practice in Patent Cases, and Republic Act No.166 and the
corresponding
Rules of Practice in Trademark Cases, and to assess and authorize the
payment
of the applicable fees to the AIPD.cralaw:red
vi. The Technology Transfer Registry (hereinafter referred to as
"TTR")
is hereby designated and authorized to process all technology transfer
arrangements and to assess and authorize the payment of the applicable
fees to the AIPD; and, to prepare for the second ASEAN-EU Ad Hoc
Group Meeting set on February 19 and 20, 1998, in Makati City.cralaw:red
vii. The Information Documents and Research Division (hereinafter
referred to as "IDRD") is hereby designated and authorized to
conduct
information dissemination activities, to take the necessary steps to
continue
the cooperation programs of the BPTTT with foreign entities, to prepare
for the Eighth ASEAN WGIPC set one February 15 and 16, 1998 and
meetings
related thereto set on February 13 and 14, 1998.cralaw:red
viii. The Hearing Division of the BPTTT is hereby designated and
authorized to proceed with the hearing of all cases pending before it
as
of December 31, 1997, issue interlocutory orders and resolutions, and
prepare
draft decisions; and, to assess and authorize the payment of applicable
fees to the AIPD.
This MEMORANDUM ORDER
takes effect immediately.
(Sgd) CESAR
B. BAUTISTA
Secretary
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