The Supreme Court of the Philippines finally put to rest decades of dispute between Taiwan Kolin Corporation (TKC), a Taiwanese corporation, and Kolin Electronics Company, Inc. (KEC), a Philippine corporation. Both are engaged in the manufacture and sale of electronic products. KEC Opposes TKC in 2006 on the Ground of Confusing Similarity This case stemmed […]
Publications
Philppines Intellectual Property : Whoever Cast the First STONE Prevails
Bridgestone Corporation (the Opponent), a Japanese tire manufacturer, successfully opposed the registration of R-STONE in the name of Jianxian Rubber Co., Ltd (the Respondent) in Class 12. In support of its opposition, Bridgestone argued that it was the first to use and register BRIDGESTONE in connection with the design, technology and manufacture of tires. Tracing […]
Philippines: The Sweet Taste of “MANGO” is not for Everyone
“Mango” is commonly known as the juicy stone fruit belonging to the genus Mangifera. But to others, it means more. To Consolidated Artists BV, “Mango” is a trademark symbolic of quality bags, fashion and accessories. Recently, MANGO has been the subject of a dispute before the Office of the Director General (ODG) of the Intellectual […]
Philippines – Amendments to Annual Fee Due Dates for Divisional Patent Applications
In the early part of 2014, the Intellectual Property Office of the Philippines (IPOPHL) issued Memorandum Circular Nos. 14-002 and 14-003 amending the reckoning date of the annual fee due dates for divisional applications (filed via direct route or PCT) to achieve a uniform procedure in the payment of annual fees for patent applications. The […]
ASEAN – Comparison of Design Practices
Design laws vary by country. Some countries classify designs as patents and some have separate “registered design” or “industrial design” systems. In some countries, designs of products must be whole products in order to be registrable and not parts of products. Some countries allow protection of only part or parts of the product but the […]
Philippines – Building Facade Not Registrable as Trademark
In 2009, Fun Ranch Mega Development, Inc. (Fun Ranch) filed several trademark applications for a Facade of a Building for use on children’s entertainment and amusement center. The applications were rejected by the Examiner on the ground that the mark may not be registered because it does not function as a trademark and is not […]
Enforcement Powers in Philippines
Pursuant to the recent amendments of the Philippines Intellectual Property Code (Republic Act No. 8293), the Intellectual Property Office of the Philippines (“IPOPHL”) issued Office Order No. 13-170 which provides the rules and regulations for the exercise of its enforcement functions and visitorial powers. An Intellectual Property Rights Enforcement Office (“IPREC”) was established to receive […]
Philippines: New Trademark Rules Welcomed
In April, the Intellectual Property Office of the Philippines (IPOPHL) issued a series of office orders amending various trademark rules involving the Declaration of Actual Use (DAU) and (Paris) Convention priority applications. Declaration of Actual Use The requirement to file a third-year and a fifth-year DAU will also apply to international registrations designating the Philippines. […]
Enforcement Powers Granted to Director General of Intellectual Property Office of the Philippines
President Benigno “Noynoy” Aquino, Jr recently signed into law amendments to Republic Act No. 8293, the Intellectual Property Code of the Philippines (IP Code). The amendments are embodied in Republic Act No. 10372, which will take effect on March 22, 2013. The recent changes to the IP Code were crafted to step up the government’s […]
Philippines – Marks Confusingly Similar Despite Differing Uses of Pharmaceuticals
In a case decided in March 2012, Sanofi Pasteur, the vaccines division of Sanofi-Adventis, successfully opposed the registration of COMAXIN in Class 5 by Getz Bros Philippines, Inc. based on the mark’s confusing similarity to the opponent’s mark COMBAXIM. In deciding the opposition, the Bureau of Legal Affairs (BLA) of the Intellectual Property Office of […]