Survey Evidence: Yes or No?
Survey evidence is defined as “the term used to describe the result of a public opinion poll survey taken by statisticians and presented before a court as evidence to prove a particular fact in issue.“[1] A survey is “a scientific method of presenting evidence of mental association of a given group of people by asking […]
The Cybercrime Prevention Act
Closely following the heels of the recently passed Data Privacy Act of 2012, 1 President Benigno Aquino III signed into law Republic Act No. 10175 or the Cybercrime Prevention Act of 2012 last Wednesday, 12 September 2012. The new law is a consolidation of Senate Bill No. 2796 and House Bill No. 5808. Both the […]
“#Sinotto: Copyright over Translations”
Did Senator Tito Sotto III commit actionable infringement of Robert F. Kennedy’s copyright over the Day of Affirmation Address when the senator translated portions of the speech and used the same in his Turno En Contra? There is basis to argue that there was no actionable infringement committed. Atty. Hector A. Villacorta’s favorite defense of […]
A Threat To Goals and Glory: Ambush Marketing in the Philippines
Rebirth of Philippine Sports and Athletes’ Publicity Over the recent years, Filipinos have taken an exceptional interest in sports, particularly in football. This is largely due to the unprecedented success of the country’s Philippine football team, more popularly known as the Azkals. With their growing popularity, the Philippine Azkals have become marketers’ budding choice for […]
Data Privacy Bill Approved by the Senate
Last 20 March 2012, the Senate approved on third and final reading Senate Bill No. 2965 or the “Data Privacy Act of 2011.” The Bill, based in the main on the Directive 95/46/EC of the European Parliament and Council and the Asia-Pacific Economic Cooperation (APEC) Privacy Framework, mandates public and private entities to protect and […]
Case Digest: Harvard University vs. Harvard Jeans
Fredco Manufacturing Corporation v. President and Fellows of Harvard College G.R. No. 185917, 1 June 2011 Fredco Manufacturing Corporation (Fredco) filed before the Bureau of Legal Affairs of the Philippine Intellectual Property Office a Petition for Cancellation of Registration No. 56561 issued to President and Fellows of Harvard College (Harvard University) for the mark “Harvard […]
Claiming the Color Red
New York District Judge Victor Marrero in his decision dated 10 August 2011 dismissed plaintiff Christian Louboutin’s (“Louboutin”) motion for a preliminary injunction against respondent Yves Saint Laurent (“YSL”) in the case of Christian Louboutin S.A. vs. Yves Saint Laurent America Inc. The motion sought to prevent respondent YSL from selling and marketing shoes that […]
Forensic Evidence in Intellectual Property Cases
As one of the amendments introduced by Office Order No. 186, series of 2010 to the Rules and Regulations on Administrative Complaints for Violation of Laws Involving Intellectual Property Rights (IPV Regulations), the Bureau of Legal Affairs of the Intellectual Property Office of the Philippines now allows the presentation or submission of forensic evidence which […]
Is Music Sampling Copyright Infringement?
In an age characterized by rapid technological innovation, the protection of intellectual property, particularly copyrights, has become a major concern not just for big industry players but for individuals (i.e. artists, musicians, performers, etc.) as well. This article will hopefully shed light upon an issue that has preoccupied the music industry: “music sampling,” or “digital […]
Proposed Amendments to Copyright Provisions of the Intellectual Property Code
On 8 December 2010, House Bill No. 3841 (“Copyright Bill”) was filed in the House of Representatives. The Copyright Bill proposes amendments to the Intellectual Property Code of the Philippines (“IP Code”), specifically with regard to copyright provisions. It also proposes certain changes to the current structure of the Intellectual Property Office of the Philippines […]