In Asahi Electrical Manufacturing Corp. vs. Reginald Joseph O. Chua, the Bureau of Legal Affairs (BLA) cancelled Chua’s certificate of industrial design. Among the grounds cited by the Bureau of Legal Affairs (BLA) in cancelling the registration was the fact that the design was dictated by technical or functional considerations. Section 113.2 of the Intellectual Property Code provides that industrial designs dictated by technical or functional considerations to obtain a technical result shall not be protected. Although not mentioned by the BLA in its decision, the title itself of the registration betrays it – An AERODYNAMIC Fan Blade. Chua shot himself in the foot when he called the fan blade AERODYNAMIC.
Author: Pericles Casuela
The Philippine Trademark Office has issued new forms for trademark applications, declarations of use, renewals, etc. The old forms will only be accepted until December 2016.
After years of languishing in Congress without any progress, President Rodrigo Duterte breathes life to Freedom of Information (FOI) by issuing Executive Order No. 2, which mandates disclosure of information of all offices under the executive branch.
Television broadcasters and producers of television programs will soon be required to broadcast their programs with subtitles for the benefit of the hearing-impaired viewers as required by The Closed Caption Law. The implementing rules and regulations are to be issued within 120 days from the effectivity of the new law. Content producers should monitor the issuance of the implementing rules and regulations, and how this may affect them.
The Philippine Competition Commission issued recently issued the rules and regulations to implement Republic Act No. 10667, or the Philippine Competition Act. The regulations came into force on June 18, 2016 after being published on JUne 3, 2018. A copy of the regulations may be downloaded here.