Piracy has wrecked havoc on the economy of the Philippines, adversely affecting economic activity and stifling organized industry. While the Philippines remains in the Watch List of the Office of the US Trade Representative (USTR), the USTR has recognised the innovative and sustained efforts of the Intellectual Property Office of the Philippines (IPOPHL) to undertake […]
Publications
Philippines - Pirates And Counterfeiters: Beware of ‘Oplan Holistic’
On June 21, 2008, the Philippines’ National Committee on Intellectual Property Rights (NCIPR) was set up to strengthen the efforts of the Philippine government in curbing piracy and counterfeiting. The Committee is composed of the Department of Trade and Industry (DTI) as chair and the Intellectual Property Office (IPOPHL) as vice-chair and other member agencies […]
Philippines Mediation : A Win-Win Solution
The Intellectual Property Office of the Philippines (IPOPHL) implemented mandatory mediation proceedings in October 2010. This May, IPOPHL settled the long-contested case involving the famous local brand BINALOT, owned by Binalot Fiesta Foods (BFF), a dispute that had been dragging on since November 2007. BFF, a 14-year-old local fast-food chain, has more than 35 branches […]
Well-Known Marks : The Philippines Standard
Several international instruments, including the Paris Convention and the TRIPs Agreement, mandate that member states provide for a mechanism which affords protection to well-known marks. However, these international Instruments do not specifically set out in stone the exact mechanism which member states need to adopt. Consequently, there have been two significant approaches adopted by countries: […]
Philippines - Declarations of Actual Use: The Deadliest Deadlines
Trademark owners often find themselves confused (or worse, forget!) about the correct timings for filing the Affidavits of Use or Declarations of Actual Use in the Philippines. I.Affidavits of Use under the Trademarks Law, Republic Act No. 166. The Trademarks Law was enacted on 20 June 1947 under Republic Act No. 166. This is the […]
Philippines - Case Notes:Phil Pharmawealth v. Pfizer
The Supreme Court of the Philippines was recently faced with an intriguing issue: Is it permissible to grant an injunction in respect of a patent post-expiration of the patent term? The Supreme Court also had the opportunity to opine on another interesting issue, that of forum shopping. Without jumping the gun by stating how the […]
Supreme Court Of The Philippines Cancels A Trademark Despite Absence Of A Petition For Cancellation
“Why cancel our trademark when we filed a petition to cancel somebody else’s trademark?” This must have been the reaction of Shen Dar Electricity and Machinery, Inc. (Shen Dar) when it was handed the 21 October 2010 Philippines Supreme Court (SC) Philippines decision. Shen Dar had filed the appeal with the SC seeking to nullify […]
Patent Libraries - A Joint Project of IP Philippines With Universities in Manila and Cebu
One of the projects the Intellectual Property Office of the Philippines (IP Philippines) commenced this year, is the establishment of Patent Libraries also known as Innovation & Technology Support Offices (ITSO). This project is in collaboration with the World Intellectual Property Office (WIPO) and US Patent and Trademark Office (USPTO). The aims of the project […]
Philippines - Clarification On Power Of Attorney
Intellectual Property Rights holders can execute a General Power of Attorney (POA) authorizing its agent in the Philippines to represent them in applications and/or registrations before IP Philippines. One signed POA will be sufficient to cover present and future filings to be made in the name of the same applicant. However, a separate Power of […]
Philippines Battle Between Pfizer And Unilab Continues
One of the world's pharmaceutical giants, Pfizer, owns a patent for the anti-cholesterol drug "Atorvastatin Calcium" under Warner Lambert, which is valid and is in force until September 2012 in the Philippines. Pfizer marketed this drug under the brand Lipitor. The largest Philippine drug-maker, United Laboratories Inc. (Unilab), started selling in 2009 the generic version […]