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Modes of Alternative Dispute Resolution - Mediation and Arbitration
Modes of Alternative Dispute Resolution - Mediation and Arbitration
Modes of Alternative Dispute Resolution - Mediation and Arbitration
Mastercourse
(Legal Track)
Modes of Alternative Dispute Resolution: Mediation
and Arbitration
23 October 2019
Donemark Calimon
Partner
Quisumbing Torres
1. INTRODUCTION
• Court Litigation
• Administrative Proceedings / Adjudications
Problems in Conventional DR Methods
Delays
Lack of expertise
Enforcement issues
Confidentiality
Cost
What is ADR?
Voluntary DR Process
- Rules of
Procedure for
IPO Mediation
Proceedings
(Office Order
No. 154 [2010])
(a) Coverage
• Administrative complaints for violation of Intellectual Property
Rights ("IPV") and/or Unfair Competition;
• Inter Partes cases ("IPC");
• Disputes involving technology transfer payments;
• Disputes relating to the terms of a license involving the author's
rights to public performance or other communication of his
work;
• Cases appealed to the Office of the Director General from
decisions of the Bureau of Legal Affairs ("BLA") and the
Documentation, Information and Technology Transfer Bureau
("DITIB"); and
• All other cases which may be referred to mediation during the
settlement period declared by the Director General.
(b) Mandatory mediation of cases
• Voluntary DR process