Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 124 of 29 articles for infringement

Software License Agreement Philippines: Key Clauses to Include

Learn the key clauses a software license agreement in the Philippines must have, based on Civil Code rules on contracts and obligations.

Ringtone Samples and Copyright Law: Fair Use in Digital Communication

The Supreme Court clarifies when sampling ringtones online is communication to the public, not public performance, and how fair use applies.

When Can You Amend a Labor Complaint? NLRC Rules Explained

Learn the strict NLRC rule on amending labor complaints before the position paper, based on a 2024 Supreme Court ruling.

Patent Infringement in the Philippines: How Claims Define Protection

Philippine patent infringement hinges on claim interpretation. The Supreme Court's Tuna Processors ruling clarifies direct and indirect infringement.

Alias Writs of Execution: When Can a Second Debt Collection Attempt Be Stopped?

Learn the rules on alias writs of execution in the Philippines, the limited grounds to oppose them, and key lessons from a recent Supreme Court ruling.

Copyright Assignment and Forgery: What the Supreme Court Ruled

A forged Deed of Assignment does not transfer copyright ownership, and using the work anyway can lead to infringement liability.

Understanding Unfair Competition in the Philippines: Lessons from a Landmark Supreme Court Case

A look at unfair competition under the Intellectual Property Code, explained through a 2021 Supreme Court ruling on confusingly similar products.

LIVE'S vs LEVI'S: Supreme Court Rules on Trademark Confusion and Cancellation

The Supreme Court cancelled the LIVE'S trademark registration, ruling it confusingly similar to LEVI'S under the Dominancy Test.

Trademark Ownership in the Philippines: First-to-File Rule Explained

The Supreme Court clarifies that under the IP Code, trademark ownership is acquired through registration, not prior use.

Transferee Pendente Lite in Trademark Assignments: The Sunfire Trading Case

Learn how the Sunfire Trading ruling clarifies that buying a trademark during litigation binds the buyer to the case's outcome.

Trademark vs Copyright: Protecting Business Names in the Philippines

The Supreme Court clarifies the difference between trademarks and copyrights in business name disputes under Philippine IP law.

Curfew Laws and Minors' Rights: Balancing State Protection and Individual Freedoms

The Supreme Court upholds juvenile curfew ordinances in Quezon City, Manila, and Navotas, balancing state protection with minors' rights.

Trademark Infringement and Probable Cause: When the Secretary of Justice Abuses Discretion

The Supreme Court clarifies when courts may override the Secretary of Justice's dismissal of trademark infringement complaints for grave abuse of discretion.

Suspension of Arraignment, DOJ Review, and the Right to Speedy Trial in Copyright Cases

Explaining when courts may suspend arraignment pending DOJ review and how delay affects the right to speedy trial in copyright infringement cases.

Upholding Search Warrants in Copyright Infringement Cases: Balancing Rights and Due Process

The Supreme Court clarifies when courts may quash search warrants in software piracy cases, and when they must uphold them.

Trademark Infringement Search Warrants: Probable Cause in IP Cases Explained

Supreme Court clarifies the standard of probable cause for search warrants in trademark infringement and unfair competition cases under the IP Code.

Protecting Trademarks: Unauthorized Refilling Constitutes Infringement And Unfair Competition

Unauthorized refilling of LPG cylinders bearing registered trademarks is trademark infringement and unfair competition, the Supreme Court ruled.

False Designation of Origin: When "Made in Portugal" Labels Mislead Consumers

The Supreme Court's ruling in Uyco v. Lo clarifies when geographic labels on products constitute false designation of origin under Philippine trademark law.

Trademark Rights in the Philippines: Prior Use vs. Registration Explained

Philippine Supreme Court ruling on whether trademark rights come from prior use or registration, and why distributors cannot own the marks they sell.

When Can a Generic Term Like "Ginebra" Be Protected as a Trademark?

The Supreme Court clarifies when a generic word like "Ginebra" may acquire trademark protection through secondary meaning, and why preliminary injunctions demand a clear right.

Copyright Infringement and Prescription: What Retailers Should Know

A look at how filing a complaint with the DOJ interrupts prescription, and what it means for retailers accused of selling counterfeit goods.

Probable Cause in Search Warrants: Lessons from the Marlboro Counterfeit Case

When is a search warrant valid in IP cases? The Supreme Court clarifies probable cause standards in People v. Choi.

Trademark Ownership in the Philippines: Why Prior Use Beats Registration Alone

The Supreme Court explains why actual use in commerce, not mere registration, determines trademark ownership under Philippine law.

Protecting Trademarks: The Balance Between Brand Identity and Business Operations

The Supreme Court clarifies when preliminary injunctions may issue in trademark cases, balancing brand protection against business disruption.