FURTHER AMENDING MINISTRY ORDER NO. 69 SERIES OF 1983, AS AMENDED, TO INCLUDE REPUBLIC ACT NO. 8293 (INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES) IN THE ENUMERATION OF TRADE A…

WHEREAS, Executive Order No. 913 (issued 1983) authorizes the
Secretary of Trade and Industry to adjudicate, personally or by
delegation, cases of violation of trade and industry laws;

WHEREAS, Republic Act No. 8293, a new law involving intellectual
property rights, has yet to be included in the enumeration of trade and
industry laws in Section 1 (d) of Ministry Order No. 69, Series of 1983,
as amended;

NOW, THEREFORE, the following are hereby prescribed:

SECTION 1. Section 1 (d) of
Ministry Order No. 69, Series of 1983, as amended, is hereby further
amended by deleting Republic Act Nos. 165 and 166, both as amended, the
same having been repealed by Republic Act No. 8293, from the list of the
enumeration of “trade and industry laws”, and including Republic Act
No. 8293 therein.

SECTION 2. Henceforth, complaints for violation of
Republic Act No. 8293 irrespective of the total amount of damages
claimed therein, or even if no damages are claimed therein, may be filed
with the proper DTI Offices and the latter shall administratively
adjudicate (mediate, formally hear, decide or dismiss, as the case may
be) the same under E.O. 913 and Ministry Order No. 69 as amended: Provided, however,
that if the damages claimed in the complaint is in the total amount of
Two Hundred Thousand Pesos (P200,000.00) or more, the complaint may be
filed either with the said proper DTI Offices pursuant to E.O. 913 and
Ministry Order No. 69 as amended, or with the Bureau of Legal Affairs,
Intellectual Property Office, pursuant to Republic Act No. 8293 and its
Implementing Rules and Regulations on Administrative Complaints and: Provided further, that the filing of the complaint in one venue precludes the filing of the same in the other.

The proper DTI Offices shall continue to have the authority to
adjudicate under E.O. 913 and M.O. 69 cases involving violations of
intellectual property laws.

SECTION 3. Nothing in this Order
shall be interpreted to transfer, diminish, modify, or duplicate any
power, function, duty, or responsibility of the Intellectual Property
Office, its various bureaus and units, its Director-General and its
other officials and employees.

SECTION 4. This Order shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation.

Adopted: 18 January 2000

(SGD.) LILIA R. BAUTISTA
Acting Secretary

Recommended by:

(SGD.) ATTY. MARIA TERESA ARAO-MAHIWO
Director
Bureau of Trade Regulation & Consumer Protection