IPOPHL releases new guidelines to identify patent and trademark attorneys and agents
02 September 2024
Photo: IPOPHL
To ensure the legitimacy and skill of individuals offering intellectual property services, the Intellectual Property Office of the Philippines (IPOPHL) has released new guidelines for identifying IP agents and attorneys.
IPOPHL’s Memorandum Circulars 12 and 13 created a formal recognition system for patent and trademark agents and attorneys, respectively, and went into effect on August 22, 2024.
The rules provide requirements for credentials, application processes, training, costs and causes for cancellation, revocation and renewal of the recognition. To become accredited patent and trademark agents and attorneys, agents and attorneys must comply with the new regulations, which include completing certain documentation requirements, completing necessary training, and passing a qualifying exam. Five-member Recognition Boards will also be established to supervise the system's implementation.
Non-lawyers who provide IP owners services related to patents and trademarks must be recognized. For attorneys, on the other hand, recognition is optional.
On the IPOPHL website, the names of accredited agents and attorneys will be listed and updated regularly. The three-year validity of the recognition is subject to renewal. Recognition may be revoked if the representative no longer satisfies the requirements, is found guilty of crimes involving dishonesty or infractions of the Philippine IP Code, violates their fiduciary duties, engages in improper conduct or egregious negligence as judged by the Recognition Boards, disregards ethical standards, loses legal capacity or passes away.
IPOPHL has granted patent representatives 24 months and trademark representatives 18 months from the circulars’ effective date as transition periods to facilitate an easy transfer for agents to the new regulations.
IPOPHL director general Rowel S. Barba said: “The new system will allow IPOPHL to officially recognize professionals who provide patent and trademark services to creators, innovators, entrepreneurs and related stakeholders.” He also mentioned that legal representation in administrative cases and mediation proceedings will be included in the scope of services.
Barba added: “Overall, this will strengthen the IP profession as it sets standards that make for satisfactory and quality IP services.” He also mentioned that the new regulations will assist the public in distinguishing between potential scammers and real IP specialists.
- Excel V. Dyquiangco
