Insights

As the rest of the world observes the International Day of the World’s Indigenous Peoples (Aug. 9), we at CFIP Law, hope to spread more awareness on the lack of protection given to the culture and heritage of our indigenous brethren. In their article for the IPWatchdog, Inc, our founding partners, Atty. Mario Jr Cerilles and Atty. Harry Gwynn Omar Fernan advocate for a global intellectual property system that is more sensitive to the plight of our IP communities.

We are pleased to announce that an opinion piece written by our founders Mario Jr Cerilles and Harry Gwynn Omar Fernan made it as the banner story of the Lifestyle section of the Philippine Daily Inquirer last Sunday (July 28). We hope the article spreads awareness on the plight of indigenous weavers as they face the imminent threat of fake products entering the Philippine market.

In light of the foregoing discussions, it must be kept in mind that the exercise of seeking accountability for drug-related EJKs is bound to become more challenging. As time passes, the country encounters new challenges which divert the attention of the government and dampen the vigilance of the public. These challenges include the COVID-19 pandemic which has brought about debilitating restrictions on the movement of actors who play a crucial role in bringing about accountability for the killings.310 Meanwhile, dead bodies continue to pile up and so do unanswered questions from grieving families who remain unable to attain justice for their loved ones. A genuine resolve to assign liability for these crimes will require major adjustments on how the country approaches drug-related EJKs.

It bears noting that IP flexibilities are not limited to the use of compulsory licenses for local manufacturing. For example, the TRIPS Agreement, the most comprehensive multilateral agreement on intellectual property, allows a country with no sufficient logistical capabilities to gain access to finished products by asking another country to manufacture the medicine in its stead. The Intellectual Property Office of the Philippines (IPOPHL) and the Department of Health recently issued draft guidelines on how to avail of so-called special compulsory licenses which would pave the way for this type of manufacturing. We may also pursue parallel importation and purchase

As of writing, the world has suffered almost 3 million fatalities from COVID-19. At this stage, arguing in favor of innovation, without entertaining any compromise between the right to health and pharmaceutical patent rights, appears insensitive and out of touch with reality.

The road to a COVID-19 vaccine is complex. The Philippines is governed by an intellectual property system that has been accused of institutional problems such as slow registration procedures (Barizah, 2017). There is therefore a need to explore ways through which a COVID-19 vaccine can be made readily accessible without violating the constraints set by the governing patent system. The paper seeks to accomplish this by tracing the conflict between the right to health and patent law, applying the flexibilities for patents, and analysing policies during the pandemic.

Cha-cha, or Charter change, has always been a controversial subject. A survey conducted in mid-2018 revealed that majority of Filipinos were against amending the Constitution, and this unpopularity may have historical underpinnings. Many Filipinos still recall how former President Ferdinand Marcos passed the 1973 Constitution through a haphazard process that what was widely viewed as an attempt to prolong his stay in power. This move gained even more notoriety as the Supreme Court upheld the document’s validity in the landmark case of Javellana vs Executive Secretary. Marcos was eventually deposed, but the negative perceptions of Cha-cha continued, plaguing many outgoing

With the holidays fast approaching, we are once again exposed to familiar songs that warm our Christmas-loving hearts. Nowadays, it is not uncommon to catch Mariah’s All I Want for Christmas is you, Britney’s My Only Wish (This Year), and Jose Mari Chan’s Christmas in our Hearts (and uhm, a bunch of his other songs), playing in our favourite malls, stores and restaurants.  To many customers, listening to Christmas songs is a pleasant experience. And if you happen to own a store, it is tempting to play these songs in order to attract visitors. After all, studies show that listening

Did you recently create your own furniture, or accessories? Perhaps you handcrafted your own bags and shoes? If so, your creations are covered by industrial design, copyright, or trademark. Industrial Design (or Design Patent) A new and ornamental design may be registered as an industrial design.[1] Such registration entitles you to the exclusive use of the design for as long as fifteen years.[2] Industrial design registration can protect the designs of handicrafts, jewelries and computer components, among others.[3] Patent or Utility Model  Meanwhile, a design that pertains primarily to the functional aspect of a product, as opposed to being mere

Among the consequences of the ongoing community quarantine is the avalanche of home-baked goods that suddenly became available at our doorsteps. As our favourite restaurants closed down, talented chefs and bakers strived to continue satisfying our food cravings. However, do you ever wonder if the secretly kept recipes for these goods are protected from copycats? Let us explore ways by which our laws protect those recipes: Trade Secrets and Contracts We believe that secret recipes may fall under the category of “trade secrets”. Trade secrets include secret formulas or non-patented processes, used in the creation of commercially valuable products, which

The COVID-19 pandemic has popularized online shopping as a convenient and safe mode of buying goods. More and more buyers prefer purchasing goods online. As a result, companies have started selling products through their websites. Additionally, online purchases can be made via third parties through social media pages (Facebook/Instagram) and online shopping sites (Lazada/Shopee). However, recent reports on sales of supposedly counterfeit goods have revealed the dangers of online shopping.[1]  Liability of Online Shopping Sites Under the Philippine Intellectual Property Code (I.P. Code), any person who sells products that bear the registered mark of another, without the latter’s consent, is

Whether you are designing a wrapper for your baked goods, engraving the company logo on your products, or placing a marketing tagline on your services, chances are, you are making use of trademarks. A mark is any visible sign that is capable of distinguishing the goods (trademark) or services (service mark) of an enterprise. These marks identify the source of the products, linking them to a specific enterprise. Once your business starts growing and your products begin earning loyal customers, others could attempt to get a free ride on your brand by copying your mark. We outline below the benefits of registering your mark and the actions you may take against those pesky copycats.

Created before the United Nations adopted the Paris Principles, and after a dictatorship engulfed the Philippines, the Commission on Human Rights (CHR) seemed poised to lead NHRIs across the globe. The CHR, with its constitutional mandate, was seen as the long-term solution to the country’s human rights woes. However, the current pandemic has revealed cracks within the CHR’s system. This study will demonstrate that, despite its perceived strengths, the CHR suffers from institutional weaknesses that limit its effectiveness during the pandemic. An analysis of the international framework on NHRIs, the legal structure of the CHR, and the effects of the

Recently, a Facebook post by an official of the University of the Philippines went viral. In a rant directed at students waiting for the results of the UP College Admission Test, the official thrice proudly invoked his connection to the university, bragging that he took his undergraduate and postgraduate studies there, and ended his post by displaying his position in the UP administration.

The prices of medicine in the Philippines are higher compared to other countries in Asia and in countries of similar economic status. Some of the factors affecting medicine prices are the cost of research, presence of competition in the market, government regulations, and patent protection. Medicines with existing patents are expensive due to the ability of pharmaceutical companies to dictate their price. The grant of a patent over such products practically results in a monopoly.