[ IPO OFFICE ORDER NO. 14, SERIES OF 2004, March 19, 2004 ]
AMENDING OFFICE ORDER NO. 129, SERIES OF 2003, ON THE OPTIONAL REGISTRATION OF TRADEMARK AGENTS, PATENT AGENTS & TRADEMARK AGENTS AND RESIDENT REPRESENTATIVES
Whereas, the paramount policy of the Office is the delivery of service and dispensation of justice in a transparent environment;
Whereas, the Office desires to facilitate the registration of Resident Representatives fully aware that in view of the availability of training materials generously provided by the Office to the public, particularly those obtainable from the IPOPhil Information and Public Assistance and Training Division and its Library, as well as the present practice of distance learning on intellectual property made through the website of the IPOPhil including its linkages, such as the World Intellectual Property Organization (WIPO), a resident representative may acquaint himself with the theoretical and practical requirements of a person representing applicants before the IPOPhil;
Office Order No. 129, Series of 2003, is hereby amended as follows :
Adopted: 19 March 2004
(SGD.) EMMA C. FRANCISCO
Director General
Whereas, the Office desires to facilitate the registration of Resident Representatives fully aware that in view of the availability of training materials generously provided by the Office to the public, particularly those obtainable from the IPOPhil Information and Public Assistance and Training Division and its Library, as well as the present practice of distance learning on intellectual property made through the website of the IPOPhil including its linkages, such as the World Intellectual Property Organization (WIPO), a resident representative may acquaint himself with the theoretical and practical requirements of a person representing applicants before the IPOPhil;
Office Order No. 129, Series of 2003, is hereby amended as follows :
Section 1. Amendment of Section 5 of Office Order No. 129, Series of 2003. Relationship by consanguinity or affinity as a ground for disqualification is hereby removed under Section 5 of Office Order No. 129, Series of 2003 and the said section is hereby amended to read as follows:
"Section 5. Disqualification. The following shall be disqualified from registration under these rules:
- employees of the IPOPhil;
- former employees of the IPOPhil who are disqualified under Section 19 of the Intellectual Property Code; or
- juridical entities where any of (a) or (b) is a member, stockholder, partner or employee, as the case may be.
Section 2. Exemption of Resident Representatives from the Forty-Hour Training requirement. Applicants for registration or re-enlistment as Resident Representatives shall be exempt from the requirement to complete forty hours of training, provided, however, that any juridical entity seeking registration as a Resident Representative shall have at least one registered Resident Representative as one of its responsible officers.
Section 3. Meaning of "Senior Officer". As used in Office Order 129, Series of 2003, "Senior Officer" shall refer to any responsible officer as determined by the juridical entity.
Section 4. Repeals. All provisions of Office Order No. 129, Series of 2003, all rules and regulations and office orders and other issuances inconsistent with this Office Order are hereby deemed amended or repealed.
Section 5. Separability. If any provision of these rules and regulations or application to any circumstance is held invalid, the remainder shall not be affected thereby.
Section 6. Furnishing of Certified Copies. Ms. Aniway E. Abranilla, Records Officer II, is hereby directed to immediately file three (3) certified copies of these Rules with the University of the Philippines Law Center, and, one (1) certified copy each to the Office of the President, the Senate of the Philippines, the House of the Representatives, the Supreme Court of the Philippines, and the National Library.
Mr. Restituto E. Maligaya, Division Chief, Operations and Maintenance Division, MIS-EDP Bureau is hereby directed to post this Office Order in the IPOPhil website today.
Section 7. Effectivity. These rules and regulations shall take effect immediately after publication in the IPOPhil website.
Adopted: 19 March 2004
Director General