An entity representing the Duke and Duchess of Sussex is pursuing legal action against a small business owner in the Philippines related to their Archewell brand, WTR can reveal, and the dispute is set to be a fiery one.
Joy Belmonte, mayor of Quezon City, has vociferously opposed the alleged distribution of over 1,000 fake trainers to local athletes and, crucially, has taken action to bolster the work of anti-counterfeiting agencies. Read more
In our latest round-up, we look at the worst year on record for British retail, the Norway IPO warning of dodgy invoices, Romania implementing an upgrade to its design e-filing system, and much more. Read more
In our latest edition, we look at a call for post-Brexit partnerships to combat fakes, looking ahead to the WIPO elections, the IP Office of the Philippines seeking to regulate Facebook sellers, and much more. Read more
The introduction of mandatory mediation in Greece has faced criticism which eventually led to its suspension; a move that has left question marks over whether wider adoption of such a model is viable. Read more
In our latest round-up, we look at the USPTO collaborating with Saudi IP authorities, a reported rise in fake Irish whiskey, the Kenyan government blaming border countries for its fakes problem, and much more. Read more
In our latest round-up, we look at the Philippines government pledging to crackdown on counterfeit goods, a national IP office’s anti-fakes video featuring a naked man atop a tortoise, and much more. Read more
The Intellectual Property Office of the Philippines (IPOPHIL) continues to be at the forefront of activities geared towards providing adequate, reliable and effective protection and enforcement of IP rights. Read more
Any person who believes that he or she would be damaged by the registration of a mark may file an opposition to the trademark application within 30 days of its publication. Opposition proceedings are summary in nature; thus, there is no trial and the parties must submit the necessary evidence to prove their positions. Read more
A recent Supreme Court decision shows how the Philippines courts must look at elements of the dominancy test to determine trademark similarity. In <i>Seri Somboonsakdikul vs Orlane SA</i>, the Supreme Court ruled that LOLANE was not a colourable imitation of ORLANE due to distinct visual and aural differences that were discerned using the dominancy test.
The Intellectual Property Office of the Philippines (IPOPHL) recently held the sixth Philippine Anti-counterfeiting and Piracy Summit with representatives from various member agencies of the National Committee on Intellectual Property Rights in attendance. The IPOPHL presented the NCIPR’s 2017–2022 Action Plan on IP Rights Enforcement.
The Supreme Court of the Philippines has affirmed accession to the Madrid Protocol, following a petition filed by the Intellectual Property Association of the Philippines against the president’s ratification of the treaty.
The Philippines has announced its intention to accede to several IP agreements, including the Nice Agreement and the Vienna Agreement, as part of its plans to get ready for the ASEAN Economic Community in 2015. The Intellectual Property Office also announced plans to further amend the Intellectual Property Code.
The Philippine Intellectual Property Office has issued the IPOPHL Memorandum Circular 16-007 introducing further amendments to the Rules and Regulations on <i>Inter Partes</i> Proceedings, which apply to trademark opposition and cancellation cases, cancellation of patents, utility models and industrial designs and petition for compulsory licensing of patents.
In the spirit of promoting and encouraging the use of alternative dispute resolution, the Intellectual Property Office of the Philippines has signed the Rules of Procedure for IPO Mediation Proceedings. The rules, which took effect on October 21 2010, introduce compulsory mediation in certain cases.
DotPh, the Philippine domain name registrar, has started offering anonymous registrations under the 'i.ph' domain, the world's first anonymous domain. 'i.ph' is intended to support bloggers and individuals who maintain websites for personal purposes. However, the fact that registrants will not be identifiable means that mark owners will have little recourse against abusive use of their marks.
In what appears to be the first domain name dispute to have reached a Philippine court, the Quezon City Regional Trial Court has denied Philippine Long Distance Telephone Company Inc's request for a preliminary injunction enjoining Philippine League for Democratic Telecommunications Inc from using the domain name 'pldt.com'.
The government of the Philippines has issued a memorandum order stating that the National Telecommunications Commission will oversee the administration by private company dotPH of the '.ph' country-code top-level domain. The order also directs the creation of an advisory board, due to convene later this month, which will assist the NTC in the exercise of its new functions.
The Senate of the Philippines is considering an anti-cybersquatting bill, designed to prevent bad-faith domain name registrations. If approved, Senate Bill 470 will allow the courts to impose criminal sanctions and it will also strengthen the civil remedies available against cybersquatters.
By the end of 2018, the Philippines had received nearly 30,000 Madrid applications. Once protection has been granted, maintenance of the registration may be tricky as the timeframes for filing a declaration of actual use are confusing. Read more
In the Philippines, the rights to a mark are acquired through registration under the IP Code. Nevertheless, the owner of an unregistered trademark can file an action for unfair competition with reference to the passing off of the goods or business of one party as the goods or business of another with the intention of deceiving the public.
In a trademark case which has attracted attention in the local media, the IP Office of the Philippines has dismissed an opposition filed by Apple against a Manila company’s attempt to register MY/PHONE. The tenor of press coverage provides yet another example of the challenges faced by a mega-company enforcing its brand against a local ‘David’. Read more
A series of disputes concerning the EAGLE trademark for cement appears to be coming to an end. The Bureau of Legal Affairs, confirming that registration is only a presumption of ownership, held that the evidence clearly showed that Republic Cement and Lloyds Richfield had coined, appropriated and used the mark on cement products before Eagle Cement adopted and filed applications for the same mark for use on identical goods.
The establishment of the National Committee on IP Rights, a multi-agency IP taskforce, is proving very helpful to IP rights holders in conducting enforcement activities. The committee shows how a national IP office can take on the multi-agency problem of IP enforcement and provide a usable solution.
The Supreme Court has held that German corporation Birkenstock was the true and lawful owner of the mark BIRKENSTOCK, despite the existence of the earlier device mark BIRKENSTOCK. The court held that registration, by itself, is not a mode of acquiring ownership of a trademark - it merely creates a <i>prima facie</i> presumption of ownership.
The Supreme Court has put an end to a 20-year-old dispute between a French cookery school and a Philippine restaurant over the use of the mark CORDON BLEU. The restaurant, as first registrant, had successfully opposed the registration of CORDON BLEU by the cookery school, but the Supreme Court held that first registration must be by the legitimate owner of the mark.
In a dispute between Araneta Center Inc and the owner of the domain name ‘www.aranetacenter.com’, the Court of Appeals has ruled, in what some commentators are calling a ‘suspicious’ decision, that Araneta Center was not entitled to sue in the Bureau of Legal Affairs because it was a domestic corporation.