Statute
Intellectual Property Code with the 2020 Revised Rules of Procedure for Intellectual Property Rights Cases
369 provisions · showing PART 1 (4) · source
Rule 1
These regulations shall be known as the "Philippine Regulations Implementing the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks" or the "Philippine Madrid Regulations".
Rule 2 · cited in the answer
For the purpose of these regulations: (a) "Madrid Protocol" means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted in Madrid, Spain on June 27, 1989; (b) "Common Regulations" means the Common Regulations under the Madrid Agreement! and Madrid Protocol promulgated by the WIPO, as may be updated from time to time; (c) "International application" means an application to obtain registration of a mark under the Madrid Protocol; (d) "International registration" means the registration of a mark effected under the Madrid Protocol; (e) "Applicant" refers to the natural person or legal entity in whose name the international application is filed; (f) "Holder" refers to the natural person or legal entity in whose name the international registration is recorded in the International Register; (g) "IPOPHL" means the Intellectual Property Office of the Philippines, and shall pertain to the Bureau of Trademarks when reference is made to the processing of all international applications with the IPOPHL as Office of Origin and international registrations designating the Philippines, as well as to communicating with the International Bureau; (h) "IP Code" refers to Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines, as amended; (i) "TM Regulations " refers to the "Rules and Regulations on Trademarks, Service Marks, Trade Names and Marked or Stamped Containers, as amended", governing the registration of marks; (j) "BLA Regulations" refers to the "Rules and Regulations on Administrative Complaints for Violation of Law Involving Intellectual Property Rights", as amended, " Rules and Regulations on Inter Partes Proceedings," as amended; (k) "International Bureau" means the International Bureau of WIPO; (l) "International Register" means the official collection of data concerning international registration of marks maintained by the International Bureau; (m) "Basic application" means an application for the registration of a mark, filed with the IPOPHL, and which is used as the basis for the filing of an international application under the Madrid Protocol; (n) "Basic registration" means a mark registered by the IPOPHL under the IP Code, and which is used as the basis for the filing of an international application under the Madrid Protocol; (o) "IPO eGazette or eGazette" pertains to the official online publication of data concerning the registration of marks maintained by the IPOPHL; (p) "Office of Origin" means the intellectual property office of the Contracting Party where the international application originates; (q) "Designated Contracting Party" is the country party to the Madrid Protocol that is designated in the international application.
Rule 3
The relevant provisions of the Common Regulations pertaining to the Madrid Protocol are hereby adopted and applied in conjunction with the Philippine Madrid Regulations. These Regulations and the Common Regulations shall apply to all international applications filed under the Madrid Protocol where IPOPHL is the Office of Origin, and international registrations where the Philippines is a Designated Contracting Party.
Rule 4
International applications and any communication for transmittal to the International Bureau through the IPOPHL shall be in English. All other documents required to be submitted directly to the IPOPHL by the applicant or holder shall also be in English.