PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Edward King Chua and Maria Patricia Cruz, Villaraza & Angangco
Villaraza & Angangco V&A Law Center 11th Avenue corner 39th Street Bonifacio Triangle Bonifacio Global City 1634 Metro Manila Philippines Tel: +632 8988 6088 Fax: +632 8988 6000 Email: ip.department@thefirmva.com Web: www.thefirmva.com
1. Trade Mark and Copyright Law 1.1 Governing Law Governing Laws for Trade Marks and Copyrights Republic Act No 8293, also known as the Intellectual Property Code of the Philippines (IP Code), estab - lishes the statutory framework for the protection of intellectual property rights in the Philippines, including trade marks and copyrights. The Philippine Intellectual Property Office (IPOPHL) has also issued several implementing rules and regu - lations that are relevant to the procedural aspects of trade mark and copyright prosecution, such as: • the 2023 Trademark Regulations; • the Implementing Rules and Regulations on the Term of Copyright Protection and the Public Domain; • the Rules and Regulations for the Declaration and Creation of the Register of Well-Known Marks; • the Rules and Regulations on Geographical Indica - tions; • the Revised Rules and Regulations on Copyright Registration and Recordation and the Supplemen - tal Guidelines on Bulk Copyright Registration and Recordation Fees; and • the Revised Rules and Regulations on Accredita - tion of Collective Management Organizations. The IPOPHL has also released guidance on the proce - dural aspects of trade marks and copyright enforce - ment and protection, such as:
• Rules and Regulations on Inter Partes Proceed - ings; • Rules on Mediation; • Rules and Regulations on Administrative Com - plaints for Violation of Laws Involving Intellectual Property Rights; • Revised Rules of Procedure on Administrative Enforcement of Intellectual Property Rights; • Rules of Procedure on Resolution of Actions with - out Provisional Remedies in IP Cases with Delim - ited Damages; and • Revised Uniform Rules on Appeal in the Office of the Director General. The Supreme Court of the Philippines has also issued the following rules and regulations specifically affect - ing civil and/or criminal trade mark actions before the regular courts: • the 2020 Revised Rules of Procedure for IP Rights Cases; and • the Rules on Search and Seizure in Civil Actions for Infringement of IP Rights. Protection for Common Law Trade Marks and Copyrights Trade marks In general, trade mark rights and ownership are acquired through valid registration under the IP Code. In Zuneca Pharmaceutical v Natrapharm, Inc. (G.R. No. 211850, 8 September 2020), the Supreme Court clarified that prior use does not override prior registra -
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