Copying of API for a New and Transformative Program is Fair Use, SCOTUS Rules
In Google LLC v. Oracle America, Inc., decided on April 5, 2021, the Supreme Court of the United States ruled in a 6–2 decision that Google’s use of Java APIs (application programming interfaces) owned by Oracle falls within the four factors of fair use and is not considered as copyright infringement. In 2005, Google purchased […]
Into e-Commerce this quarantine? IPOPHL to finalize Memorandum of Understanding among IP rights holders and online retail platforms
The Intellectual Property Office of the Philippines (IPOPHL) is on its final stages to strengthen the intellectual property (IP) protection in e-commerce. As part of its 5-step effort to close the gaps in the country’s current legal framework, IPOPHL has moved to draft a Memorandum of Understanding (MoU) among online retail platform companies and IP […]
“Generic.com” marks: A Comparison of the SCOTUS Decision in Booking.com and WIPO AMC Panel Decision in Sulit.com.ph” and “A look at registration of .com marks in the Philippines”
On 30 June 2020, the Supreme Court of the United States (SCOTUS) rendered its decision in the key trademark case of US Patent and Trademark Office (USPTO) v. Booking.com B.V. (591 US ___, 2020) finding the mark Booking.com inherently distinctive, hence eligible for trademark registration. The case stemmed from the refusal of the US Patent […]
Jolliville Wins Trademark Case Against Jollibee
In 2001, Jolliville Holdings (Jolliville) filed an application with the Intellectual Property Office (IPO) to register the mark JOLLIVILLE for “leasing, management services, property development and land banking” and most recently, “a local municipal waterworks system. Jolliville was able to successfully register the mark in September 2004 when the IPO issued a Certificate of Registration. […]
SCOTUS Rules Patent Exhaustion Applies to Domestic and International Sales
In Impression Products, Inc. v. Lexmark International, Inc., decided last 30 May 2017, with the majority opinion written by Chief Justice Roberts, the U.S. Supreme Court ruled that regardless of location, when a patentee sells its products, it exhausts its patent rights thereto. The plaintiff Lexmark International sold toner cartridges to consumers in the U.S. and […]
PH Keeps Away from USTR Watch List for 4th consecutive year
The Philippines remains excluded from the list of countries enumerated in the watch list of the USTR’s Special 301 Report for the fourth consecutive year since 2014. IPOPHL Director General Josephine Santiago said that release of the 301 report was a highlight of the National Intellectual Property Rights Month, held in the Philippines every April. […]
SUPREME COURT Votes 13-0, Affirms Validity of Madrid Protocol
In IPAP v Executive Secretary (G.R. No. 204605), promulgated last 19 July 2016, the Supreme Court en banc voted 13-0 to dismiss the petition for certiorari and prohibition filed by the Intellectual Property Association of the Philippines (“IPAP”) against the Executive Secretary, the Secretary of Foreign Affairs, and the Director General of the Intellectual Property […]
PHL Shows Improved Innovation Performance – 2016 Global Innovation Index
The Philippines now ranks 74th out of 128 countries in the 2016 Global Innovation Index, moving up nine spots from its 83rd ranking in 2015. The Global Innovation Index is co-published by Cornell University, INSEAD, and the World Intellectual Property Organization (WIPO). It looks at various economic indices to determine a country’s innovation performance. Based […]
BNU Wins in Supreme Court
Bengzon Negre Untalan scored another significant victory before the Supreme Court in Sison Olaño, et al. vs. Lim Eng Co, G.R. No. 195835, a decision promulgated on 14 March 2016. In 2004, respondent Lim Eng Co. (LEC) filed a complaint for copyright infringement against petitioners Sison Olaño, Sergio Ong, Marilyn Go and Jap Fuk Hai, […]
BNU Marks 15th Anniversary: Ranked by Chambers & Partners as Band 2 IP Law Firm
Bengzon Negre Untalan celebrated its 15th founding anniversary on February 5, 2016. Simultaneously, the prestigious Chambers and Partners legal guide released its 2016 edition, ranking BNU as a Band 2 law firm for intellectual property law practice in the Philippines. Starting as a modest 2-lawyer boutique firm in 2001 with only a handful of clients, […]