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(NAR) VOL. 21 NO.1/ JANUARY - MARCH 2010

[ IPO MEMORANDUM CIRCULAR NO. 03, S. 2001, May 29, 2001 ]

MECHANICS IN THE RAFFLE OF ADMINISTRATIVE COMPLAINTS FOR VIOLATION OF LAWS INVOLVING INTELLECTUAL PROPERTY RIGHTS



To ensure transparency and fairness in the raffle of administrative cases for intellectual property violation (IPV), the BLA hereby adopts the following procedures in the raffle of Administrative Complaints cases.
 
Upon receipt of a verified complaint for IPV together with the receipt evidencing payment of the appropriate filing fee, the BLA shall send a Notice to Answer to Respondent as well as Notice of Raffle to both parties specifying therein the date and time of raffle of the case. The raffle of cases shall proceed in the following manner:

  1. The raffle of cases shall be done by the drawing of bingo lots, each bearing a number corresponding to a particular hearing Officer. The case shall be assigned to the Hearing Officer whose number has been picked from the bingo shaker.

  2. For this purpose, the BLA shall provide a bingo-shaker where the numbers corresponding to Hearing Officers will be placed for raffle after inspection by both parties.

  3. In the event that two (2) distinct cases have been raffled to the same Hearing Officer during the same raffle date, or on consecutive raffle dates, the Hearing Officer shall, in the meantime, be excluded from the raffle and the remaining cases shall be raffled to the other Hearing Officers participating in said raffle.

  4. Raffle of cases shall be conducted every Friday at 2:30 in the afternoon, or at any time set by the BLA depending on the urgency of the case. Raffle shall be conducted in a hearing room of the BLA available for the purpose.

  5. The attendance of the parties-litigants or their counsel irrespective of whether or not provisional remedies is/are prayed for is required. Non-attendance of any of the party shall be construed as waiver to be present and the raffle shall proceed as scheduled.

This Memorandum Circular shall take effect immediately.

Adopted: 29 May 2001

(SGD.) ESTRELLITA BELTRAN-ABELARDO
Director, Bureau of Legal Affairs

Noted and Approved:

(SGD.) EMMA C. FRANCISCO
Director General
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