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An accounting of profits is proper in a trademark infringement case only where the defendant engages in willful infringement, meaning that the defendant attempted to exploit the value of an established name of another. [45] Alternatively, a plaintiff may recover damages incurred if they show a reasonable forecast of lost profits.
Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines, defines a trademark as “any visible sign capable of distinguishing goods”. Early jurisprudence has taken it to mean “a sign, device or mark by which the articles produced or dealt in by a particular person or organization are distinguished or ...
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
Brand protection is the process and set of actions that a right holder undertakes to prevent third parties from using its intellectual property without permission, as this may cause loss of revenue and, usually more importantly, destroys brand equity, reputation and trust.
The Intellectual Property Office of the Philippines shortened as IPOPHL, is a government agency attached to the Department of Trade and Industry in charge of registration of intellectual property and conflict resolution of intellectual property rights in the Philippines.
A parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. Parallel imports are often referred to as a grey product and are implicated in issues of international trade, and intellectual property.
Patent infringement, using or selling a patented invention without permission from the patent holder, typically for commercial purposes; Trademark infringement, a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or licensees
Bangladeshi law, including Penal Code (1860), the Customs Act (1969), the Consumer's Right Protection Act (2009) and the Bangladesh Standard and Testing Institute Act of 2018 protect unregistered trademarks from infringement on the basis that it is an unfair business practice which deceives consumers and damages the reputation of trademark owners.