Latest updates

Philippines one step closer to becoming international authority on patents
Romulo Mabanta Buenaventura Sayoc & De Los Angeles
  • Intellectual Property
  • Philippines
  • August 07 2017

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 become a more attractive business destination and an even more reliable partner in patent protection.

You've registered your trademark, what now? Tips on maintaining trademark protection
Romulo Mabanta Buenaventura Sayoc & De Los Angeles
  • Intellectual Property
  • Philippines
  • February 20 2017

The process of obtaining trademark registration is only the beginning. To ensure continued validity and protection, a trademark owner must use the registered mark in the Philippines and comply with other regulatory filings. For example, a declaration of actual use must be provided and contain information on where the goods or services are available, as well as photographs, labels or other physical manifestations of use in the Philippines.

Bureau of Legal Affairs sheds light on confusing similarity
Romulo Mabanta Buenaventura Sayoc & De Los Angeles
  • Intellectual Property
  • Philippines
  • August 22 2016

San Miguel Brewery Inc and Iconic Beverages Inc recently filed an opposition against a trademark application for the mark ICE MOUNTAIN. San Miguel and Iconic Beverages argued that the ICE MOUNTAIN mark resembled its BLUE ICE device mark and contended that consumers would likely be confused. The Bureau of Legal Affairs saw no reason to deny the trademark application and held that the competing marks were not confusingly similar.

Further opposition against application to register W mark
Romulo Mabanta Buenaventura Sayoc & De Los Angeles
  • Intellectual Property
  • Philippines
  • March 07 2016

Starwood Hotel & Resorts Worldwide Inc filed an opposition against the application for trademark registration of the mark 'W' filed by W Land Holdings Inc for the latter's real estate business. The director general of the Intellectual Property Office stated that allowing the registration of W Land's mark would lead to confusion, despite the alleged dissimilarity between the goods and services offered by the parties.

IP disputes to be settled by arbitration and mediation
Romulo Mabanta Buenaventura Sayoc & De Los Angeles
  • Intellectual Property
  • Philippines
  • November 23 2015

In the Philippines, certain IP disputes are mandatorily referred to mediation. The Intellectual Property Office of the Philippines (IPOPHL) and the World Intellectual Property Organisation (WIPO) recently entered into a memorandum of understanding, giving parties to all mediation proceedings the option to refer the matter to WIPO mediation instead of IPOPHL mediation. IPOPHL has now published guidelines on this process.

Protection accorded to well-known mark
Romulo Mabanta Buenaventura Sayoc & De Los Angeles
  • Intellectual Property
  • Philippines
  • May 18 2015

Daiso Industries recently opposed a trademark application filed by Ma Olivia Tan for MYSMART ONE-SHOP DAISO, contending that it was confusingly similar to its mark DAISO. The Intellectual Property Office ruled for Daiso Industries, stating that it was highly likely that the public would mistake the marks as variations of each other.

Philippines removed from USTR Special 301 Watch List
Romulo Mabanta Buenaventura Sayoc & De Los Angeles
  • Intellectual Property
  • Philippines
  • November 17 2014

The Philippines has been removed from the Office of the United States Trade Representative's Special 301 Watch List, after being on the list since 1994. Removal will have a positive effect on the Philippines' image as a country where IP rights are respected and IP laws are being implemented and followed.

Agreement to prosecute more Department of Science and Technology patents
Romulo Mabanta Buenaventura Sayoc & De Los Angeles
  • Intellectual Property
  • Philippines
  • November 10 2014

The Technology Application and Promotion Institute and the Association of Patent Agent Qualifying Examinations Professionals Inc have entered into a memorandum of agreement regarding the drafting and prosecution of patent applications of Filipino inventors vetted by the Department of Science and Technology. The memorandum of agreement is expected to increase the number of quality local patent filings.

Supreme Court denies death benefits as death suffered outside employment
  • Shipping & Transport
  • Philippines
  • July 16 2014

A seafarer was admitted to hospital two days after repatriation and died six months later. The seafarer's heirs filed a claim for death benefits. The labour arbiter dismissed the claim as the death occurred outside the employment term and there was no evidence that working conditions had brought about the illness. The Supreme Court held that for death benefits to be compensable, death must occur during the employment term.

Opposition against application to register W mark
Romulo Mabanta Buenaventura Sayoc & De Los Angeles
  • Intellectual Property
  • Philippines
  • July 07 2014

Starwood Hotel & Resorts Worldwide Inc filed an opposition against the application for trademark registration of the mark 'W' filed by W Land Holdings Inc in the Philippines for the latter's real estate business. The director general of the Intellectual Property Office stated that allowing the registration of W Land's mark would lead to confusion, despite the alleged dissimilarity between the goods and services offered by the parties.

Supreme Court upholds company doctor's fit-to-work declaration
  • Shipping & Transport
  • Philippines
  • June 11 2014

The Supreme Court recently ruled that a seafarer was not entitled to disability benefits after the seafarer had wilfully concealed pre-existing illnesses. The court held that the failure of the pre-employment medical examination to reveal the seafarer's undisclosed hypertension could not shield him from the consequences of wilful concealment of this information.

Supreme Court denies claim as seafarer failed to observe three-day rule
  • Shipping & Transport
  • Philippines
  • May 28 2014

The Supreme Court has denied a seafarer's claim for disability benefits as the seafarer failed to submit himself to a post-employment medical examination within three working days of his arrival in the Philippines. The seafarer admitted that he had had his medical examination more than a month after his arrival and failed to prove that he had suffered any illness during the term of his employment.

Seafarer repatriated due to expired contact not entitled to disability benefits
  • Shipping & Transport
  • Philippines
  • April 30 2014

The Supreme Court recently denied a seafarer's claim for disability benefits. The court ruled that it was undisputed that the seafarer was repatriated due to his contract ending and not for medical reasons. The court emphasised that the seafarer's repatriation for completion of his contract belied his submission that his claimed heart disease had been aggravated by his work onboard the vessel.

Quitclaim upheld by Supreme Court
  • Shipping & Transport
  • Philippines
  • March 26 2014

Following the abrupt termination of a number of seafarers due to the cessation of the employer's operations, it was agreed that the seafarers would receive 100% of their salaries, but the next day it was agreed that they would receive only 50%. The seafarers executed quitclaims. The Supreme Court considered the quitclaims valid, noting that all the seafarers executed them with a full understanding of their consequences.

Supreme Court rules non-referral to third doctor is cause for claim dismissal
  • Shipping & Transport
  • Philippines
  • March 12 2014

A seafarer filed a complaint for payment of permanent total disability benefits. The Supreme Court noted that the seafarer had pre-empted the mandated procedure by filing a complaint based on his chosen physicians' opinions without referring the conflicting opinion to a third doctor for final determination, as was his duty. The Supreme Court dismissed the seafarer's complaint.

A guide to geographical indications
Romulo Mabanta Buenaventura Sayoc & De Los Angeles
  • Intellectual Property
  • Philippines
  • February 10 2014

The Intellectual Property Office of the Philippines recently drafted proposed rules and regulations that aim to provide a system of registration for geographical indications. While no date has been set for the issue of the final version rules and regulations, its efforts must be applauded as a clear indication of its drive to strengthen IP rights protection.

Supreme Court rules seafarer who abandons treatment cannot claim benefits
  • Shipping & Transport
  • Philippines
  • January 29 2014

A seafarer was referred to the company-designated doctor, but failed to return for further examination. The seafarer filed a complaint for disability benefits and submitted a report from his personal doctor. The Supreme Court noted that the seafarer had prevented the company-designated doctor from issuing a declaration of fitness by failing to report. As a result, the findings of his personal doctor had no weight.

Supreme Court finds that seafarer's psoriasis was work related
  • Shipping & Transport
  • Philippines
  • December 11 2013

The Supreme Court recently found that a seafarer's psoriasis was work related. The court evaluated the findings of both the company doctor and the seafarer's own physician and found serious doubts over the company doctor's findings. The company doctor had concluded that the illness was not work related but had failed to consider the various factors that the seafarer could have been exposed to while onboard.

Face-to-face trials considered to expedite proceedings
  • Litigation
  • Philippines
  • November 12 2013

The Committee on the Revision of Rules for Civil Procedure recently submitted for the consideration of the Supreme Court proposed rules which would introduce face-to-face trials. The committee hopes that face-to-face examination will not only expedite proceedings, but also help the court to arrive at the truth regarding the issues raised in the pleadings.

Supreme Court orders return of excess payment made during execution proceedings
  • Shipping & Transport
  • Philippines
  • October 30 2013

A seafarer commenced execution proceedings following his claim for disability benefits and sick pay. In exchange for payment, the seafarer executed a document recognising that payment would not bar the company's right to file a petition, and should it succeed the seafarer would return the money. The Supreme Court noted that the seafarer had to comply with his obligation to return the excess money paid.