Professional Documents
Culture Documents
The use
of the mark must be in the Philippines because foreign use
creates no trademark right in the country, following the
nationality principle upon which Philippine trademark law
rests.17
Since a mark or tradename or other mark of ownership is
acquired by adoption and use thereof in commerce in the
Philippines, it belongs to the person who first used and gave it
value.
Rights of foreign nationals pertaining to trademarks,
generally.
1) those provided by local laws in favor of
nationals of countries which, by their laws, grant similar rights or
privileges to citizens of the Philippines, which may be called reciprocity
rights and privileges; and (2) those provided by the Paris
Convention and by Philippine laws, as a result of the Philippines'
adherence to said Convention, which may be designated as
convention
rights and privileges.
Paris Convention,
is a covenant among member countries for the protection of industrial
property. The protection of industrial property is concerned
with patents, utility models, industrial designs, trademarks,
trade names, servicemarks, and indications of source or appellations
of origin, and the repression of unfair competition.38
world;
10. The record of successful protection of the rights in the
mark;
11. The outcome of litigations dealing with the issue of
whether the mark is well-known mark; and
12. The presence or absence of identical or similar marks
validly registered for or used on identical or similar goods or
services and owned by persons other than the person claiming
that his mark is a well-known mark.
Copyright is a right granted by statute to the author or
originator of literary, scholarly, scientific, or artistic productions,
including computer programs.
Berne Convention is a union of countries,
which adhered thereto, for the protection of the rights of authors
in their literary and artistic works.
Article 5 of the Convention provides for the rights guaranteed
by the union members, namely:
(1) Authors shall enjoy, in respect of works for which they
are protected under this Convention, in countries of the Union
other than the country of origin, the rights which their respective
laws do now or may hereafter grant to their nationals, as
well as the rights specially granted by this Convention.
(2) The enjoyment and exercise of these rights shall not
be subject in any formality; such enjoyment and such exercise
shall be independent of the existence of protection in the country
of origin of the work. Consequently, apart from the provisions
of this Convention, the extent of protection, as well as the means
of redress afforded to the author to protect his rights, shall be
governed exclusively by the laws of the country where protection
is claimed.
(3) Protection in the country of origin is governed by domestic
law. However, when the author is not a national of the
country of origin of the work for which he is protected under the
Convention, he shall enjoy in that country the same rights as
national authors."
FOREIGN CORPORATIONS
A foreign corporation is one formed, organized or existing
under any laws other than those of the Philippines and whose
laws allow Filipino citizens and corporations to do business in
its own country or state.
(1) The law of the
country of its incorporation allows Filipino citizens and
corporations to do business in said country; and
(2) It must secure
a license to transact business in this country in accordance with
this Code and a certificate of authority from the appropriate
government agency.1
Application for a license.
1. The date and term of incorporation;
2. The address, including the street number, of the principal
office of the corporation in the country or state of incorporation;
3. The name and address of its resident agent authorized
to accept summons and process in all legal proceedings and,
pending the establishment of a local office, all notices affecting
the corporation;
4. The place in the Philippines where the corporation
intends to operate;
5. The specific purpose or purposes of the corporation
which it intends to pursue in the transaction of its business in
the Philippines: Provided, That said purpose or purposes are
those specifically stated in the certificate of authority issued by
the appropriate government agency;
6. The names and addresses of the present directors and
officers of the corporation;
7. A statement of its authorized capital stock and the
aggregate number of shares which the corporation has authority
to issue, itemized by classes, par value of shares, shares without
par value, and series, if any;
8. A statement of its outstanding capital stock and the
aggregate number of shares which the corporation has issued,
itemized by classes, par value of shares, shares without par
value, and series, if any;
9. A statement of the amount actually paid in; and
10. Such additional information as may be necessary or
appropriate in order to enable the Securities and Exchange