intellectual property

The IPOPHL noted that the elements of each fair use act must be carefully analyzed to accurately identify circumstances where fair use principles apply. Otherwise, the public should be proactive in obtaining permission and crediting the creators of original works.

The Intellectual Property Office of the Philippines (IPOPHL) said it has proposed a work plan to tackle long-standing counterfeit activities in the Greenhills Shopping Center -- once again the lone Philippine market cited in the United States Trade Representative’s (USTR) 2022 Notorious Markets for Counterfeiting and Piracy.

The Supreme Court held that a radio reception creates a performance separate from the broadcast, adding that the transmittal of radio music through loudspeakers to enhance profit is not analogous to fair use.

The Intellectual Property Office of the Philippines (IPOPHL) said IP filings from January to December 2021 grew 11.6 percent year-on-year (YOY) to a total of 46,496, recovering significantly from the 2020 drop, as lighter quarantine restrictions last year reignited business and IP-related activities.

The Technology Application and Promotion Institute of the Department of Science and Technology (DOST-TAPI) has launched the System for Intellectual Property Applications and Grants (SIPAG), which aims to track IP applications and help in the prosecution of IP violations.

Emphasizing the adoption of the “Dominancy Test” and the abandonment of the “Holistic Test” in evaluating trademark resemblance, the Supreme Court (SC) vote unanimously to reject the “kolin” trademark application filed by Kolin Philippines International, Inc. (KPII) for its television and DVD players.

2020 was also marked as the year with the steepest drop in trademark and utility model applications.

The rules revised the 2010 version and took effect on Nov. 16, 2020. Specifically, it makes IP litigation less costly, faster and in sync with newer laws.

Of the intellectual property violations this year, IPOPHL said 79 were operating online – 53 from Facebook, seven from Shopee, six from Lazada, three from YouTube, and one each from Carousell, Instagram, and Vineyard.

The Intellectual Property Office of the Philippines received 80 reports and complaints of IP violations in the first semester of 2020, 66% higher than the 47 reports received in 2019.