Philippine Copyright

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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Copyright Infringement

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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Philippine Industrial Design

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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Philippine Utility Model

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 […]

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How to Correct Errors in Your Birth Certificate without Going to Court

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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Opposing a Trademark in the Philippines

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 opposition filed with the Philippine Intellectual […]

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Holiday Pay in the Philippines

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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How to File a Criminal Case in the Philippines

If you are a victim of crime or felony in the Philippines, it is wise to report the crime or felony with the barangay and police authorities. Thereafter, you must secure a barangay blotter and police blotter or report so that you may use them as evidences. If you sustained injuries, go to a government […]

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Hours of Work of Employees

HOURS OF WORK OF EMPLOYEES Article 83 of the Labor Code enunciates that the normal hours of work of any employee shall not exceed eight (8) hours a day. This is exclusive of the one (1) hour lunch break. The Supreme Court explained the rationale of this provision to safeguard the welfare of employees and […]

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Batas Kasambahay – Law Governing Employers and Their Househelp or Domestic Workers

Republic Act No. 10381 or the “Batas Kasambahay” is the law governing the rights and liabilities of both the househelps or domestic workers and their respective employers or “amo”. The Batas Kasambahay requires an Employment Contract be executed between the domestic worker and the employer before the commencement of the service in a language or […]

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