FDA issues Product Recall Guidelines

Written by John Cabilao.

The FDA recently issued Guidelines on Product Recall of health products, placing overall responsibility of conducting product recalls with the Market Authorization Holder (MAH).  In particular, MAHs are responsible for providing an appropriate product recall strategy and implementing the same.  The Guidelines also created a Product Recall Committee whose principal functions are to review "triggers" for product recall, issue recall resolutions and monitor recall implementation.

Amended Inter Partes Rules: The Salient Points

Written by John Cabilao.

Here are some of the salient points of the amended rules on Inter Partes  Proceedings.

1. The period to file a notice of opposition and answer has been extended from 90 days to 120 days, restoring the original period under the previous Inter Partes rules.

2. For opposition documents executed abroad, authentication may be secured after filing of the opposition case provided that the execution of the opposition documents is prior to such filing and that proof of authentication is submitted prior to the issuance of default order or conduct of preliminary conference.  Notably, there appears to be no similar provision in respect of authentication of answers.  Thus, it apppears that authentication of answers must still be done before their filing.

2. The Hearing/Adjudication Officers is now authorized to issue and sign decisions and final orders.  Previously, this authority was reserved only to the Director of Bureau of Legal Affairs and the Committee of Three (in petitions to cancel patents).

3. The decisions or final orders in Inter Partes cases must now be issued within 60 days from the date the case is deemed submitted for resolution.

4. The appeal to decisions or final orders issued by Hearing/Adjudication Officers must be filed with the Director of the Bureau of Legal Affairs prior to the appeal with the Director General of the IPO.  This adds another layer to the appeals process.  

Inter Partes Rules Revised

Written by Joseph Sarmiento.

The Intellectual Property Office has released the amendments to the Implementing Rules and Regulations on Inter Partes Proceedings (IPOPHL Memorandum Circular No. 16-007). The amendments took effect on 29 July 2016. 

What they say about us

The firm was recognized again in the 2017 ranking tables of the World Trademark Review (WTR), Legal500 and Chambers and Partners.

According to WTR, "(e)lite boutique Betita Cabilao Casuela Sarmiento wins praise from foreign counsel the world over: 'All the partners are responsive, dedicated, reliable and prompt in their advice. Working with them, you feel as if you you’re their only client.' The four-partner team has secured favourable results for household-name brands in a string of high-stakes cases, and prides itself on its uniquely personalised approach to both contentious and non-contentious matters. Managing partner Andre Philippe Betita is a regular in the Supreme Court, but also deftly handles filing and prosecution issues before IPOPHL; having helped to draft the country’s IP Code, he knows every line of the statute inside out. Pericles Jose Conrado Casuela is a go-to practitioner for licensing matters and IP-rich M&A negotiations." Andre and Pericles are ranked as tier 2 recommended experts by WTR. The full publication can be viewed here.

The firm is ranked as a second-tier recommended firm by Legal 500, which describes the firm: "Betita Cabilao Casuela Sarmiento’s practice handles licensing, transactions, litigation and enforcement relating to trade marks. Name partners Andre Betita, Pericles Casuela, Joseph Sarmiento and John Paul Cabilao are active practitioners." The full publication can be viewed here.

The firm's Andre Betita is ranked in band 3 of the leading Intellectual Property lawyers in the Philippines in Chambers and Partners' 2017 Asia-Pacific guide. The full publication can be viewed here.

The rankings complement the firm's milestone achievement of building a portfolio of more than 2,000 trademarks filed and registered with the Philippine Intellectual Property Office within the fifth year from its founding in 2011.  To view the firm's portfolio, visit http://www.wipo.int/branddb/ph/en/ and enter "Betita Casuela" in the "Names/Representative" search option.