PHILIPPINES Law and Practice Contributed by: Francis L. Fragante and Jennifer Marie G. Castro, Cruz Marcelo & Tenefrancia
11. Intellectual Property and Data Protection 11.1 Intellectual Property Considerations for Approval of FDI Intellectual property is not an important aspect of screening FDI in the Philippines. 11.2 Intellectual Property Protections Republic Act No 8293, otherwise known as the Intel - lectual Property Code (the “IP Code”), enumerates the following intellectual property rights that can be protected: (i) copyright and related rights; (ii) trade marks and service marks; (iii) geographic indications; (iv) industrial designs; (v) patents; (vi) layout designs (topographies) of integrated circuits; and (vii) protec - tion of undisclosed information. Rights and defences are granted to owners of the vari - ous intellectual property rights stated above. Section 122 of the IP Code provides that rights to a trade mark shall be acquired through registration. Once the word mark is registered, the owner may maintain the regis - tration by submitting proofs of use of the mark in any colour, typeface, style and/or design. Thus, in order to avail of the remedies under the IP Code for the protec - tion of its intellectual property in the form of its trade marks, registration is essential. 11.3 Data Protection and Privacy Considerations Republic Act No 10173, otherwise known as the Data Privacy Act (DPA), was enacted to ensure that person - al data in information and communications systems in the government and in the private sector are secured and protected. It applies to the processing of all types of personal information and to any natural and juridical person involved in personal information processing including those personal information controllers and processors who, although not found or established in the Philippines, use equipment that is located in the Philippines, or those who maintain an office, branch or agency in the Philippines. The DPA requires corporations to comply with the fol - lowing to ensure the privacy of personal information and sensitive personal information:
In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee, upon reaching the age of 60 years or more, but not beyond 65 years, which is declared the compulsory retirement age, who has served at least five years in the relevant establish - ment, may retire and shall be entitled to retirement pay equivalent to at least half a month’s salary for every year of service, a fraction of at least six months being Regular employees are entitled to security of tenure, which means that they cannot be terminated except for just and authorised causes as provided in the Labor Code. In the event of an acquisition by share sale or change of control, the employee’s tenure and compensa - tion/benefits are not affected since the employment contract is with the target company and there is no change of employer. In any other transaction which results in an authorised cause (enumerated below), the employee may be terminated and is entitled to separation pay. Notably, there is no legal obligation for a buyer in an asset sale to absorb an employee without an assumption clause. considered as one whole year. 10.3 Employment Protection As regards authorised causes, separation pay is dependent on the specific authorised cause. In case of termination due to the installation of labour-saving devices or redundancy, the affected worker shall be entitled to separation pay equivalent to at least one month’s pay or to at least one month pay for every year of service, whichever is higher. In case of dis - ease, retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equiva - lent to one month pay or at least one-half month’s pay for every year of service, whichever is higher. A fraction of at least six months shall be considered one whole year. If the dismissal is based on authorised causes, the employer must give the employee and the DOLE writ - ten notice 30 days prior to the effectiveness of the separation.
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