Tackling cybercrime: a new approach 01-12-2012 Ma. Consuelo Agno Domain names have become an important issue in the protection of intellectual property rights. US courts have held that a website’s domain name signifies its source of origin, and is therefore an important signal to Internet users who are seeking to locate a web resource. Because of…
Streamlining Adjudication Rules for IP Cases 01-04-2012 Neptali L. Bulilan The special rules on intellectual property litigation, otherwise known as the ‘Rules of Procedure in Intellectual Property Rights Cases’, took effect 15 days after publication in two national newspapers. The special rules on intellectual property litigation, otherwise known as the ‘Rules of Procedure in Intellectual Property Rights Cases’,…
Ready to Wear vs Made to Order 01-09-2013 Neptali L. Bulilan and Maria Rois S. Tan In resolving conflicts of marks in inter partes cases or infringement cases which necessarily involve the determination of whether the marks involved are confusingly similar, courts are consistent on only one point: each case is unique and must be…
Rights of Performers in Audiovisual Works 01-05-2013 Ma. Consuelo C. Agno The protection of performers’ rights is an important concern in the Philippines, especially because several Filipino performers of audiovisual works have achieved worldwide fame. On the other hand, the law is deficient in so far as it fails to provide for rights specific to performers of…
Protecting Well-known Marks 01-02-2012 Ignacio S. Sapalo The law on well-known marks in the Philippines is found in Sections 123.1 (e) and (f) of the Republic Act 8293, the intellectual property code of the Philippines, which came into force on January 1, 1998. The Law The law on well-known marks in the Philippines is found in Sections…
Progress On Biotech 01-04-2010 Anne Mariae Celeste V. Jumadla “Biodiversity, our greatest resource, remains untapped,” stated Senator Edgardo Angara when introducing Senate Bill No. 3140, the Bioindustry Development Act of 2009. While pointing out that the Philippine government has invested early on in biotechnology, the senator emphasized that it needs to establish the appropriate policy environment to…
Patent Protection Incentive Package for Philippine Inventors 01-06-2012 Ignacio S. Sapalo To encourage researchers and scientists in higher educational institutions to avail themselves of patent protection for their inventions, the Intellectual Property Office of the Philippines launched the PPIP this year. PPIP (Patent Protection Incentive Package) aims to provide funds to pay for the government fees for patent filing…
New IP Rules and Regulations 01-10-2011 Ignacio S. Sapalo and Anne Mariae Celeste V. Jumadla The IPO of the Philippines published a revised Implementing Rules and Regulations (IRR) for Patents, Utility Model and Industrial Designs on April 26, 2011, with further corrections and amendments on July 13, 2011. Patentable and non-patentable inventions Under the revised IRR, computer-related…
Mediation for IP cases 01-02-2011 Ma. Consuelo C. Agno The Intellectual Property Office (IPO) of the Philippines has formally joined the courts and other pertinent agencies in the government in using alternative dispute resolution (ADR) to resolve disputes. The Alternative Dispute Resolution Act of 2004 declared that it is “the policy of the State to actively promote party…
Manufacturers versus distributors: who owns the trademarks? 01-08-2010 Anne Mariae Celeste V. Jumadla The Supreme Court promulgated its decision in Superior Commercial Enterprises, Inc. v. Kunnan Enterprises Ltd., affirming its previous ruling that the registration of a trademark by an exclusive distributor belongs to the manufacturer. On April 20, 2010, the Supreme Court promulgated its decision in Superior…