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Villaraza & Angangco | Philippines | 8 Sep 2021

Gig economy: essential aspects of contracting

With rapid advances in technology and increasingly blurred borders, business organisations and individuals have adopted novel initiatives to better cater to and meet demands. The challenges brought about by the covid-19 pandemic have further propelled people to adapt to new developments to thrive during these times. This article examines the gig economy setup that has become more prevalent in......
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Villaraza & Angangco | Philippines | 24 Mar 2021

Updated guidance on whether employers can mandate vaccination for their employees

The dangers of COVID-19 continue to hamper workforces' efficiency. Understandably, employers may want to hasten their employees' vaccination by imposing a mandatory vaccination programme to recoup losses caused by the pandemic. However, a new law and recent regulatory publications state, in no uncertain terms, that the absence of COVID-19 vaccination will not prejudice employees.
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Mirandah Asia | Philippines | 22 Mar 2021

MoU signed to counter piracy and counterfeiting on e-commerce platforms

IP leaders in government and business spheres recently signed a memorandum of understanding (MoU) to counter piracy and counterfeiting on e-commerce platforms in the Philippines. The MoU seeks to establish codes of best practice among online retailers to curb online IP infringement via self-regulation. This development should reinforce confidence in the Philippine IP market and assure......
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Villaraza & Angangco | Philippines | 24 Feb 2021

Can employers mandate compulsory vaccination for their employees?

In an effort to eradicate COVID-19, vaccines have been developed at a rapid pace. Employers are now contemplating imposing workplace-wide vaccination programmes in order to bring back available workforces and increase operational efficiency. Is this legally permissible?
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Mirandah Asia | Philippines | 17 Aug 2020

COVID-19 generates first online IP hearings

As a result of the COVID-19 crisis, the IP regimes of multiple jurisdictions around the world have been forced to spring into action to increase their capabilities to provide online services, concerning both contentious and non-contentious aspects of IP matters. The Intellectual Property Office of the Philippines has proven itself to be no slouch in this global race for the modernisation of......
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Romulo Mabanta Buenaventura Sayoc & De Los Angeles | Philippines | 26 Aug 2019

Two tests – problems in application

The Supreme Court has repeatedly stated that there are no set rules to determine whether one trademark is confusingly similar to, or a colourable imitation of, another and that each case must be decided on its own merits. Nonetheless, over the years, the court has fashioned two tests (ie, the dominancy and holistic tests) to determine whether one mark infringes another. However, case law......
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Romulo Mabanta Buenaventura Sayoc & De Los Angeles | Philippines | 12 Aug 2019

Two tests – Supreme Court case law on determining trademark infringement

The Supreme Court has repeatedly stated that there are no set rules to determine whether one trademark is confusingly similar to, or a colourable imitation of, another and that each case must be decided on its own merits. Nonetheless, over the years, the Supreme Court has fashioned two tests (ie, the dominancy and holistic tests) to determine whether a mark infringes another. This article......
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Romulo Mabanta Buenaventura Sayoc & De Los Angeles | Philippines | 8 Jul 2019

Riding on popularity of foreign brands

Goods produced outside the Philippines are commonly perceived as being of better quality and, given their higher price point, are purchased by those who are more financially capable and consider themselves to have good taste. For this reason, some local business owners unlawfully attempt to ride on the popularity of foreign brands. However, Philippine law prohibits deception and protects the......
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Romulo Mabanta Buenaventura Sayoc & De Los Angeles | Philippines | 19 Mar 2018

Supreme Court recognises internet bookings as sufficient use of 'W' trademark

Starwood Hotel & Resorts Worldwide Inc filed an opposition against the application for registration of the mark 'W' filed by W Land Holdings Inc in the Philippines for the latter's real estate business. The Supreme Court recognised that despite the physical absence of use of the W trademark in the Philippines, online bookings via websites constituted sufficient use of the mark in the country....
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Romulo Mabanta Buenaventura Sayoc & De Los Angeles | Philippines | 7 Aug 2017

Philippines one step closer to becoming international authority on patents

The Intellectual Property Office of the Philippines is seeking designation as an international searching authority and international preliminary examining authority under the Patent Cooperation Treaty. The treaty allows patent applicants and inventors to file a single patent application in one IP office, resulting in protection in multiple countries. As a result, the Philippines is set to......
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