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.
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 rights holders. Drafting the MoU is just the penultimate step before setting up a "cooperation mechanism" where periodic meetings of regulators and industry sectors could be held to review current regulations and practices.
“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.
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.
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.
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.
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.
PHL Shows Improved Innovation Performance - 2016 Global Innovation Index
The Philippines now ranks 74th out of 128 countries in the 2016 Global Innovation Index.
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.
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.
PH Removed from IP Violators Watch List
The Office of the United States Trade Representative (USTR) removed the Philippines from its Watch List in the Special 301 Report where it has been continuously included for 20 years, since 1994.
CA: The IPO-BLA without Jurisdiction over False Designation of Origin Cases
In Erico Perez vs. Intellectual Property Office, the Court of Appeals held that the jurisdiction over violations of Section 169 of the Intellectual Property Code fall with the regular courts.
IPAP Questions Madrid Protocol Accession Before Supreme Court
On 14 December 2012, the Intellectual Property Association of the Philippines (IPAP) lodged a Petition for Certiorari and/or Prohibition with Prayer for the Issuance of a Writ of Injunction and/or Temporary Restraining Order before the Supreme Court.
Claiming the Color Red Part II
On 05 September 2012, the US Court of Appeals Second Circuit (Jose A. Cabranes, Circuit Judge) issued a decision in the Christian Louboutin (“Louboutin”) vs. Yves Saint Laurent (“YSL”) case raised to it on appeal from the 10 August 2011 order of the US District Court for the Southern District of New York.
BNU in Step With Changes Brought by Madrid Protocol
July 25, 2012 marks day one of Madrid Protocol operations in the Philippines and it is sure to bring changes in the country’s trademark landscape.
BNU Strengthens Ties With Ateneo Professional Schools and the Teehankee Center
The Philippines is embarking on several campaigns to raise the consciousness of Filipinos on the capacity of intellectual property rights.