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…
Exclusions to Patentability 01-08-2013 Anne Mariae Celeste V. Jumadla Amendments to the Intellectual Property (IP) Code made by the Universally Accessible Cheaper and Quality Medicines Act of 2008 (QUAMA) took effect on July 4, 2008. These include, in cases of drugs and medicines, adding the following to the “discoveries” exclusion from patent protection: The mere…
Encouraging Patent Filings 01-04-2011 Anne Mariae Celeste V. Jumadla As of 2009, the Philippines has been lagging behind its Southeast Asian neighbours in resident patent filings. Of roughly 1,000 patent filings per year in the Philippines, 90 percent are filed by foreign entities and less than 5 percent are filed by Philippine research institutions. The scenario is…
15 years of the IPC 01-08-2012 Ma. Consuelo Agno The enactment of the Intellectual Property Code on June 6, 1997, was a landmark in the history of the IP system of the Philippines. The 15th anniversary of the IPC was celebrated by the Intellectual Property Office of the Philippines (IPOPHL) in June 2012. The IPC…
Courts Reject Holistic Approach 01-12-2010 Eunice Hyacinth L. Tan In determining whether a likelihood of confusion exists between competing trademarks, the Philippine Supreme Court relies on two principal tests: the dominancy test and the holistic test. The dominancy test focuses on the similarity of the prevalent features of the competing trademarks that might cause confusion or deception.…
Coffee Controversy 01-06-2010 Anne Mariae Celeste V. Jumadla On March 3, 2010, the Supreme Court promulgated its decision in Coffee Partners Inc. v. San Francisco Coffee & Roastery Inc. (San Francisco). On March 3, 2010, the Supreme Court promulgated its decision in Coffee Partners Inc. v. San Francisco Coffee & Roastery Inc. (San Francisco), ruling that Coffee…
Cheaper medicine over quality medicine? 01-12-2011 Ignacio S. Sapalo The Universally Accessible Cheaper and Quality Medicines Act of 2008 has succeeded in bringing down the cost of essential drugs and those to treat chronic diseases in The Philippines. The coming into force on July 4, 2008 of Republic Act No. 9502, known as the Universally Accessible Cheaper…
Beware of sharks: similarity of marks in the Philippines 01-02-2013 Anne Mariae Celeste V. Jumadla In a November 12, 2012 decision involving two trademarks comprising representations of a shark, the Supreme Court of the Philippines discounted confusing similarity between them upon noting their “distinct visual and aural differences”. An opposition proceeding was lodged by Great White Shark Enterprises,…
Amendments to the IP code 01-04-2013 Neptali L. Bulilan An Act Amending Certain Provisions of Republic Act No 8293, otherwise known as the Intellectual Property Act of the Philippines, was signed into law on February 28, 2013. It took effect 15 days after its publication on March 7, 2013 in two newspapers of general circulation.…
News Jurisdiction report: Philippines Anne Mariae Celeste V. Jumadla Sapalo Velez Bundang & Bulilan Adding IP to the school curriculum The present 15th Congress of the Philippines will introduce a number of legislative changes that are intended to increase the level of awareness in the country of intellectual property and enhance the IP system. The present 15th…