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ANALYSING THE INTERPLAY BETWEEN THE RIGHT TO HEALTH AND PHARMACEUTICAL PATENT RIGHTS IN THE INTRODUCTION OF A COVID-19 VACCINE INTO THE PHILIPPINES

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.

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Mario Cerilles Jr.

Why—or why not—Cha-cha?

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

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Mario Cerilles Jr.

Do you have to pay whenever you play Christmas songs in public?

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

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Harry Gwynn Omar Fernan

Protecting Your Product Design

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

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Mario Cerilles Jr.

Are those secret recipes protected?

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

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Harry Gwynn Omar Fernan

Are Online Shopping Sites Liable for the Sale of Fake Products?

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

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Harry Gwynn Omar Fernan

Can Your Trademark Be Registered?

If you own a business, chances are, you are already using trademarks on your products. However, do you know if those trademarks are registrable? A trademark is used to associate a product with a business. Overtime, a trademark could become so popular that customers would look for it when they are looking for a product of a certain quality. Therefore as an identifier, a trademark must be uncommon and cannot be confusingly similar to other trademarks. Generic and Descriptive Marks are Unregistrable Generally, a mark is not registrable if it is generic[1] or merely descriptive.[2]  To illustrate, the word “PEN”

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Mario Cerilles Jr.

4 Easy Steps to Follow in Registering Your Trademark

A mark is any visible sign that is capable of distinguishing the goods or services of an enterprise.[1] Company logos, marketing taglines, and even the entire packaging design on goods and services, are examples of trademarks. Some of the most famous brands in the market today are identified through their trademarks. For this reason, it is vital that you register your trademark. We outlined below simple steps to follow in registering your trademark. 1. SUBMIT. Make sure to have the following ready: your name and contact details, a reproduction of the mark that you wish to register, and a list

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Trademark Brand Intellectual Property
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Register the Trademark of your Home Business!

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.

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Mario Cerilles Jr.

Philippine Human Rights in the Time of Pandemic: Analyzing the Challenges to the Effectiveness of the Commission on Human Rights as an NHRI in the Midst of COVID-19

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

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© 2020 Cerilles & Fernan Intellectual Property Law

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Office Address: 111 Paseo de Roxas, UB, Legazpi Village, Makati City, Metro Manila 1229