Due to the limited mobility of the general population and to ensure safety through social distancing and other measures during this pandemic, the Intellectual Property Office of the Philippines (IPOPHL) now allows preliminary conferences for inter partes cases (IPC), and hearings, pre-trials, and trials for intellectual property rights violations cases (IPV) to be conducted online through video conferencing upon joint request of both parties. The salient portions of the circular are provided below:
- All details and information used to gain access to the proceedings shall be strictly confidential, and any unauthorized sharing of the said details shall be dealt with fines and/or other sanctions.
- All participants must be visible during the online hearings.
- When presenting a witness, the parties may be required to provide multiple angles supplying a full view of the surroundings of the said witness to prevent the occurrence of coaching.
- The service of order or decision issued or promulgated by the Adjudication/Hearing Officer may be done electronically through email, but proof of receipt thereof should be properly recorded.
- The hearings via videoconference shall resemble or mirror, as far as practicable, the in-court proceeding. As such, the dignity and solemnity of court proceedings shall be observed at all times.
- All those participating therein shall be in appropriate attire.
- The Adjudication/Hearing Officer or his/her assigned Legal Assistant shall record the proceedings using the prescribed platform. No other person is allowed to record the proceedings.
- The Adjudication Officer and all other parties must receive all online submissions from the parties at least three (3) days prior to the scheduled hearing. The submissions shall be sent to the provided email addresses. The hard copy of the submissions must be filed not later than ten (10) days from the scheduled hearing.
The full text of IPOPHL Memorandum Circular No. 2020-021 is available [here].