Case Digest: Pharmawealth vs. Pfizer (Patent Infringement)
Facts: Pfizer is the registered owner of a patent pertaining to Sulbactam Ampicillin. It is marketed under the brand name “Unasyn.” Sometime in January and February 2003, Pfizer discovered that Pharmawealth submitted bids for the supply of Sulbactam Ampicillin to several hospitals without the Pfizer’s consent. Pfizer then demanded that the hospitals cease and desist […]
Suggested Answers to the IP Questions in the 2010 Bar Examinations
BNU lawyers prepared suggested answers to the IP questions in Mercantile Law given last Sunday. Three of BNU’s partners teach IP law in different universities. Here are the suggested answers: VI. A. Section 88 of Republic Act 8293 enumerates four mandatory provisions in voluntary licensing contracts or technology transfer arrangements, as follows: (a) That the […]
U.S. SUPREME COURT rejects “machine-or-transformation” as sole test for patent eligibility of “process” or business method invention; will the Philippines follow suit?
In a much awaited decision, the U.S Supreme Court finally issued its decision in Bilski v. Kappos, 129 S. Ct. 2735, 561 US __, 2009, on June 28, 2010. Bilski’s patent application seeks protection for a claimed invention that explains how commodities buyers and sellers in the energy market can protect, or hedge, against the […]
The Bolar Exception: Roots and Introduction to the Philippine Patent System
Health care that is widely accessible to a developing nation’s growing population is one of the most significant social issues that government policy makers face worldwide. Drug prices in the Philippines have long been considered among the highest in Asia, and locally-owned pharmaceutical companies find it difficult to compete with multinational corporations, who enforce restrictive […]
The Basics of Open Source Licensing
Open Source Licensing is a form of copyright licensing for computer software that allows any of its users to modify or re-distribute the software’s source code without having to compensate the original author. It largely revolves around the assignment of the rights of the original developer to subsequent users in terms of copying the work, […]
The Antitrust Bill and Intellectual Property
Introduction on Antitrust Law Antitrust laws prohibit monopolies and other associations or agreements in restraint of trade for the purpose of encouraging free competition in the market. In the Philippines, Article 186 of the Revised Penal Code is, for the most part, the only legal provision that fulfills the antitrust function. The provision penalizes monopolies […]
What’s in a Domain Name?
Domain Names Each computer on the Internet has a unique Internet Protocol Address or IP Address. It is a set of numbers that is borne by every computer, and no two IP addresses are alike. The IP address is the means by which one computer may be accessed or reached by other computers on the […]
The Protection of Trade Secrets Against Modes of Discovery
Your company’s trade secrets are important economic rights; they are invaluable tools which give you the advantage over your competitors. They could very well be the backbone of your business and your failure to guard them could result in nothing less than your firm’s demise. The protection of trade secrets is one of the benchmarks […]
Recent Development in Protection of Well-Known Marks in the Philippines
In determining a mark as well-known, the fact that the mark is neither registered nor used in the Philippines is of no consequence. This was the ruling of the Supreme Court in Sehwani, Inc. v. In-N-Out Burger, Inc. (G.R. No. 171053, October 15, 2007), where American fast food chain In-N-Out Burger, Inc., was granted exclusive […]
Observations on Proposed Amendments to Patent and Trademark Laws
At the launch of the Doha Development Agenda in Doha in November 2001, the World Trade Organization (WTO) members agreed to find a solution giving developing countries with no manufacturing capacity the possibility to import patented drugs from exporting countries. A temporary solution was found in August 2003. Through a decision adopted on 6 December […]