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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 ...
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 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.
The Intellectual Property Code of the Philippines does not have a freedom of panorama provision, concerning the right to shoot artistic works permanently found in public spaces and use the resulting images for any purposes without the need to secure permission from the authors of the said works; for instance, taking a video of a cityscape with ...
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.
Trademark infringement occurs when one party uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services of the other party. In many countries, a trademark receives protection without registration, but registering ...
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
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.