IPOPHL Creates Registration System for IP Agents and Lawyers
The Intellectual Property Office of the Philippines (IPOPHL) introduced a formal recognition system for trademark and patent agents and attorneys to ensure the credibility and competence of individuals providing intellectual property (IP)-related services.
Recognition by the IPOPHL grants authority to representatives to transact or conduct business with the said agency on behalf of (a) an applicant for trademark or maintenance of a registered trademark, or (b) an applicant or registrant of a patent, utility model, or industrial design application or registration.
This registration system of agents, attorneys, and representatives aims to recognize professionals who have the necessary knowledge and capabilities in intellectual property creation, protection, and commercialization, as well as enhance the IP system in the country.
“Overall, this will strengthen the IP profession as it sets standards that make for satisfactory and quality IP services,” IPOPHL Director General Rowel S. Barba said, adding that such system would deter fraudulent activities.
The Rules on Recognition set by IPOPHL distinguish between (1) a Recognized Trademark/Patent Agent, a title granted to non-lawyer individuals, and (2) Recognized Trademark/Patent Attorney, a title granted to individuals who are qualified to practice law in the Philippines. The recognition is mandatory for non-lawyers and is a prerequisite for them to appear before the bureaus and offices of IPOPHL on behalf of trademark/patent applicants or owners. On the other hand, such recognition is voluntary for lawyers and is not a pre-requisite to appear as an applicant, agent, attorney, representative or any other capacity before the IPOPHL.
The scope of services of Recognized Agents includes the conduct of trademark/patent research and pertinent activities on trademark/patent filing and maintenance. Recognized Attorneys provide legal representation in administrative cases and mediation proceedings as well as all relevant services conducted by Recognized Agents.
Applicants for recognition must fulfill certain qualification and documentary requirements, complete requisite training, pass a qualifying examination, and attend the oath-taking ceremony conducted by the IP Academy.
The Rules further provide for the specific application process and procedure, fees, grounds for disciplinary action, renewal and cancellation of recognition, and other general conditions.
Non-recognized agents are precluded from transacting with or practicing before the IPOPHL. Applications for trademark/patent conducted through a non-recognized agent shall be considered filed on the date of filing but all communications of the IPOPHL shall be forwarded directly to the applicant. No such prohibition applies to non-recognized attorneys; however, recognition is an additional indication that a lawyer complies with the qualifications required in the Rules.
The relevant Memorandum Circulars may be read through these links.