Intellectual Property Code with the 2020 Revised Rules of Procedure for Intellectual Property Rights Cases

Rule 5

Minimum Requirements for Acceptance of International Applications filed with the IPOPHL as Office of Origin. - The following minimum requirements shall be contained in the application form: (1) name and address and contact details of the applicant or the address and contact details of his representative, if any; (2) the Designated Contracting Parties; (3) reproduction of the mark; and (4) indication of the goods and services for which registration of the mark is sought.

Rule 6

Where an international application is filed with the IPOPHL for transmittal to the International Bureau, the IPOPHL shall verify if the Philippines may be considered as the country of origin in respect of that application, and that the relevant particulars appearing in the international application correspond to those appearing in the basic application or basic registration, as the case may be, in accordance with the provisions of the Common Regulations.

Rule 7

Certification.­ (1) Where the international application complies with the prescribed requirements, the IPOPHL shall so certify in the international application, indicating also the date on which the international application was received, and shall forward the international application to the International Bureau. (2) Where the international application does not meet the prescribed requirements, the IPOPHL shall not forward it to the International Bureau, and shall inform the applicant accordingly.

Rule 8

Aside from the fees collected by the International Bureau, a non-refundable handling fee shall be payable to IPOPHL upon the filing of an international application for the processing, certification, and transmittal of the application to the International Bureau. The application will not be processed unless the handling fee is paid in full.