IP Adjudication and Mediation
This domain tests where IP disputes are filed, how decisions are appealed, and how mediation fits into IPOPHL practice. Jurisdiction questions are the most heavily examined.
Forums and jurisdiction
The Bureau of Legal Affairs exercises original jurisdiction over the inter partes cases listed in the IP Code: opposition to trademark applications, petitions for cancellation of marks, patents, utility models and industrial designs, and petitions for compulsory licensing. Infringement actions, civil or criminal, go to the Regional Trial Courts designated as intellectual property courts, not to the Bureau.
Appeals
A party dissatisfied with a Bureau of Legal Affairs decision appeals to the Director General within 30 days from receipt. A decision of the Director General is elevated to the Court of Appeals by petition for review under Rule 43 within 15 days from notice. Jumping straight to the Supreme Court is a procedural error.
Mediation
Under the Alternative Dispute Resolution Act (RA 9285) and the IPO mediation rules, the Bureau or the Director General may refer a case to mediation at any stage. A settlement reduced to writing and approved is binding and enforceable, and it ends the case more cheaply than a contested hearing.
Worked example
X files a notice of opposition within 30 days from publication of Y's application. The Bureau dismisses the opposition on the merits. X must appeal to the Director General within 30 days from receipt. If X instead files a certiorari petition in the Court of Appeals, the petition is the wrong remedy and is dismissed.
Traps
Filing a patent cancellation or a trademark opposition in the courts; appealing Bureau decisions directly to the Court of Appeals or Supreme Court; assuming the Bureau can award damages for infringement; and assuming mediation produces a non-binding result.