On 24 November 2011, the President issued Proclamation No. 295 which declares the regular holidays, special non-working days and special holidays for the year 2012. Employers and employees alike should be familiar with these days. On the side of the employee, he needs to know the days when he is not required to work while […]
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Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines (“IP Code”), is the law governing copyright, in addition to international treaties which the Philippines is a signatory to. Under the IP Code, copyright subsists in original and intellectual creations which are defined by the enumeration of such works namely: 1.
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Copying original and intellectual creations is considered as copyright infringement and is punishable under Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines (“IP Code”). In order to prove copyright infringement, one must show that he has a valid copyright in the work allegedly infringed and that the perpetrator infringed
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The Intellectual Property Code of the Philippines defines an industrial design as any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors; provided that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft. Simply put, it
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An invention patent is concerned with any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable. Such definition makes it difficult for people to secure an invention patent because most matters or products have already been invented. One may wonder what type
Philippine Utility Model Read More »
As a general rule, no entry in the civil register shall be changed or corrected without a judicial order. Hence, the usual process for correcting errors in the birth certificate is to file a petition in court. Fortunately, Republic Act No. 9048, as recently amended by Republic Act No. 10172, allowed the administrative correction of
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(updated as of 02 October 2024) If someone is seeking to register a trademark that may be confusingly similar to your trademark, you may file an opposition to such trademark within 30 days during its publication in the IPO e-gazette. Marks are published in the website www.ipophil.gov.ph. The Regulations on Inter Partes Proceedings govern petitions for
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Holiday pay has been defined as payment of the regular daily wage for any unworked regular holiday. However, not all employees are entitled to holiday pay. The benefit does not apply to: 1. Government employees 2. Those of retail and service establishments regularly employing less than ten (10) workers; 3. Househelpers and persons in the
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The right of management to dismiss workers on the ground of retrenchment to prevent serious losses is governed by Article 283 of the Labor Code. This is one of the authorized causes of termination of employment. However, before one can dismiss employees on the ground of retrenchment, four elements must be proven. Firstly, the losses
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In any business venture, there are two resources which must be considered: capital and labor. Every businessman knows the saying “to make money, you have to spend money.” Every business entails a bit of risk-taking. The ability and the willingness to take certain calculated risks are almost always essential for every business venture to succeed.
Philippine Labor Law: Types of Employees Read More »
