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The Supreme Court decides: A trademark registered in bad faith is considered as unfair competition under the IP Code.

The Supreme Court held that a trademark registered in bad faith is considered as unfair competition under the IP Code. Fraud and bad faith, in terms of trademark, go hand-in-hand. There is no distinction between these concepts since one necessarily presupposes the existence of the other. Under Section 151 of the IP Code, a certificate of registration may be canceled if, among others, it was fraudulently made.

Technology and Procurement System Improvements under Republic Act No. 12009 or the New Government Procurement Act

The recently signed New Government Procurement Act Republic Act (R.A.) No. 12009 is a major piece of legislation which aims to enhance existing government procurement systems in the Philippines. Among its salient provisions and important governing principles is the principle of “[e]fficiency by implementing an organized, uniform, and straightforward government procurement process through the use of emerging technologies and innovative solutions” (Sec. 3(c), R.A. No. 12009).

Remedy under Lemon Law for Defective Brand-New Vehicles: Not Exclusive

In the case of DEPARTMENT OF TRADE AND INDUSTRY vs. TOYOTA BALINTAWAK, INC. AND TOYOTA MOTOR PHILS. CORP., G.R. Nos. 254978- 79, October 11, 2023, the Supreme Court held that the Lemon Law is not an exclusive remedy for consumers or purchasers of defective brand-new vehicles. The last paragraph of Section 7 of RA 7394 or the Philippine Lemon Law specifically provides that “Nothing herein shall be construed to limit or impair the rights and remedies of a consumer under any other law.” (Emphasis added).

Revised Rules on Special Discounts to Senior Citizens and PWDs on Their Purchase of Basic Commodities (DTI–DA–DOE Joint Administrative Order No. 24-02)

On March 21, 2024, the Department of Trade and Industry, together with the Department of Agriculture and Department of Energy, signed Joint Administrative Order No. 24-02 (JAO No. 24-02), which revised the rules on granting special discounts to Senior Citizens and Persons With Disabilities (PWDs) on the purchase of basic necessities and prime commodities (BNPC).

Summary of the Newly Enacted Filipino Seafarer’s Magna Carta

On September 23, 2024, President Ferdinand Marcos, Jr. signed into law Republic Act No. 12021, dubbed the “Magna Carta of Filipino Seafarers.” During the ceremonial signing of the Act at the Malacañang Palace, the President proclaimed that the Magna Carta of Filipino Seafarers is the State’s way of telling the country’s seafarers: “we see you, we hear you, and we are here to support you.” (Philippine News Agency, 2024)

2023 Department of Migrant Workers (DMW) Rules and Regulations for Landbased Overseas Filipino Workers: Simplified

On June 9, 2023, the Department of Migrant Workers (DMW) released Department Circular No. 1 or the 2023 DMW Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers (“2023 Rules” for brevity). According to former Department Secretary Susan Ople, the 2023 Rules were issued to “ensure better protection and empowerment” of the country’s Overseas Filipino Workers (OFWs), and to “enable the industry to succeed and flourish” (Philippine News Agency, 2023).

The Supreme Court decides: Bulanon failed to provide substantial evidence to prove an employer-employee relationship with Eric and his associated companies. Consequently, Bulanon’s claims of illegal dismissal could not be sustained.

Anselmo Bulanon alleged he was hired as a Welder/Fabricator by Eric Ng Mendoza, who owned several furniture businesses including Mendco Development Corporation, Pinnacle Casting Corporation, Mastercraft Phil., Inc., and Jacquer International. On January 6, 2006, Bulanon filed a complaint with the Department of Labor and Employment (DOLE) against Eric and his companies for various unpaid benefits and lack of social security coverage.

How can Startups in the Philippines thrive under the Innovative Startup Act?

Based on recent studies, the Philippines is one of the fastest growing startup centers in the world. It is not surprising, considering that Filipinos have been known in different parts of the world for their commendable work ethics and their wide range of skill sets. Conscious of this great potential to speed up the country’s economic growth, the government enacted the Republic Act (R.A.) No. 11337 or the Innovative Startup Act.