In 2008 the government introduced important intellectual property (IP) legislation. The Intellectual Property Rights from Publicly Financed Research and Development Act 51 of 2008 - which only came into force on 2 August 2010 – governs the ownership and exploitation of IP which flows from publicly financed research and development (R&D) ...
It’s been well reported that Apple has managed to get a US trade mark registration for the layout or interior design (the look, if you like) of the Apple store. What this means is that Apple has exclusive rights to this layout - or indeed any confusingly similar layout - in the area of stores selling electronic goods ...
This is the second of three articles that we’ve written on the Intellectual Property Rights from Publicly Financed Research and Development Act 51 of 2008 (‘the Act’), which came into effect on 2 August 2010 ...
On March 22, 2013, the Department of Homeland Security ("DHS") announced that it will submit to the Office of Management and Budget ("OMB") a new Information Collection Request ("ICR") related to the implementation of the Chemical Facility Anti-Terrorism Standards ("CFATS") Personnel Surety Program ("PSP"). DHS is soliciting comments during a 60-day public comment period (which ends May 21, 2013) prior to the submission of the ICR to OMB ...
Here are select January 2013 rulings of the Supreme Court of the Philippines on legal and judicial ethics:Attorney; forum shopping as contempt of court. A disbarment complaint against Atty. Gonzales was filed for violating the Code of Professional Responsibility for the forum shopping he allegedly committed. The court held that the respondent was guilty of forum shopping. Lawyers should be reminded that their primary duty is to assist the courts in the administration of justice ...
The New Amparo Law-On April 2, 2013, the Amparo Law, Regulatory of Articles 103 and 107 of the Constitution of the United Mexican Estates, was published in the Official Gazette of the Federation. This new law broadens the constitutional defense of rights, since more individuals can have access to the amparo actions ...
Law and institutions-1. Treaties Is your country a signatory to any treatises that refer to mediation? Is your domestic mediation law based on a treaty? The Philippines is currently not a party to any treaties that refer to mediation.2 ...
Here are select February 2013 rulings of the Supreme Court of the Philippines on remedial law:Civil ProcedureActions; cause of action; elements; failure to state a cause of action is ground for dismissal ...
Traditional knowledge (TK), for example folklore, is a controversial issue and we’ve written about it before. The government feels that TK should be legally protected, and that this should be achieved through amendments to the intellectual property (IP) statutes. The IP community has no issue with TK being protected, but it’s not very comfortable with this being done through IP legislation ...
It is not surprising that there has been so much discussion and debate surrounding the saga of Eric and Lola and the debate surrounding the saga of Eric and Loa in the past few years. Indeed, this litigation raises issues that directly affect a large number of Quebec couples who live in De facto Unions ...
Here are select February 2013 rulings of the Supreme Court of the Philippines on criminal law and procedure: 1. REVISED PENAL CODE Conspiracy; joint purpose and design. Conspiracy may be deduced from the mode, method, and manner in which the offense was perpetrated; orinferred from the acts of the accused when those acts point to a joint purpose and design, concerted action, and community of interests ...
The Office of the Civil Registrar General of the National Statistics Office promulgated Administrative Order No. 1 series of 2012 (AO 1) on October 24, 2012. The AO implements the provisions of Republic Act 10172, the amendatory law to Republic Act 9048, and supplements Administrative Order 1 series of 2001, which, in turn, implements RA 9048. Both statutes provide a means of correcting erroneous entries in the civil registry without need of judicial action ...
Battered women who fear for their safety, mothers unable to support their children, dysfunctional families in need. A reality for many women is the presence of domestic violence in their lives. This situation, although occurring in all social and economic levels, is much more obvious and has more serious consequences in low-income communities ...
As of 15 May 2013, the most clicked legal resources from the SyCipLaw e-bulletins are:The International Comparative Legal Guide to: Telecoms, Media and Internet Laws 2013, Legal Bulletin: Technology, Media & Telecoms (Jan. 2013)The 2013 Foreign Investors' Guide to Real Estate Transactions in the Philippines ...
Economic torts provide relief in relation to intentional interference with economic interests. This collection of torts can be divided into two categories: deceptive market practices and improper market practices. This paper concerns itself exclusively with the latter, examining the torts of inducing breach of contract, unlawful interference with economic interests and civil conspiracy ...
Here are select February 2013 rulings of the Supreme Court of the Philippines on legal and judicial ethics: Attorney; confidentiality of proceedings against attorneys; exception. Atty. Fortun filed a petition for contempt against respondents for publicizing the disbarment case against him in media. Section 18, Rule 139-B of the Rules of Court states that “proceedings against attorneys shall be private and confidential ...
Here are select March 2013 rulings of the Supreme Court of the Philippines on criminal law and procedure: 1.REVISED PENAL CODE Rape; medical examination of victim not indispensable to prove rape. An inconclusive medical report does not negate the finding that the accused (Penilla) raped AAA ...
Important Considerations In Drafting An Arbitration Provision: With the continuing increase in cross-border investments, it bears reminding that companies must plan for the eventuality that parties may not see eye-to-eye in the future – something known but not always implemented ...
1 LegislationWhat legislation is applicable to insolvencies and reorganisations? What criteria are applied in your country to determine if a debtor is insolvent? The applicable law is Republic Act No. 10142, known as the Financial Rehabilitation and Insolvency Act of 2010 (FRIA). The FRIA took effect on 18 July 2010 ...
Here are select March 2013 rulings of the Philippine Supreme Court on legal and judicial ethics:Attorney; a lawyer shall not assist in the unauthorized practice of law. Atty. Bancolo admitted that the Complaint he filed for a former client before the Office of the Ombudsman was signed in his name by a secretary of his law office ...
Communications policy1 PolicySummarise the regulatory framework for the telecoms and media sector. What is the policymaking procedure? The laws and regulations put into place in the early to mid-1990s, and which still represent the core of local telecommunications law, are pro-competition and pro-access in tenor ...
In a March 2013 briefing* for business process outsourcing industry stakeholders, participants identified a number of risk factors for Philippine BPOs. On top of the list were talent retention and development, as well as the relative strength of the local currency that was viewed as exacerbating the issue of rising operating costs. Meanwhile, among priority “ecosystem” concerns were investment incentives and the legal and regulatory framework ...
