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Test of Patent Infringement – Literal Infringement Test v. Doctrine of Equivalents Test

The Literal Infringement Test and the Doctrine of Equivalents are fundamental in the adjudication of patent infringement cases. The Literal Infringement Test offers a precise measure of infringement based on the exact language of patent claims, whereas the Doctrine of Equivalents provides a broader protection against insubstantial changes. Together, these tests balance the need for clear boundaries in patent protection with the need to prevent infringement by trivial modifications. Understanding both tests is crucial for navigating the complexities of patent law and ensuring fair protection for patent holders while fostering innovation.

What are the powers of the commission of the internal revenue

xxx the powers of the Commissioner of Internal Revenue in the Philippines are extensive and multifaceted, encompassing tax assessment and collection, enforcement of tax laws, issuance of regulations, administrative management, policy formulation, and representation. Each of these powers plays a crucial role in ensuring the efficiency and effectiveness of the tax system. By exercising these powers judiciously, the Commissioner contributes significantly to the stability of the nation’s fiscal system, the promotion of tax compliance, and the overall economic well-being of the country.

The Supreme Court decides: The court has determined that Sampana was a regular employee of TMTCP from March 21, 2011, until his dismissal on December 21, 2016. As such, he is entitled to retirement benefits under Article 302 [287] of the Labor Code.

Retirement benefits under this law are calculated as 1/2 month’s salary for each year of service, based on 22.5 days per year, for employees with at least five years of service. Sampana, having turned 60 on February 16, 2016, and having served TMTCP for over five years, met the eligibility criteria for retirement benefits when he expressed his intent to retire in November 2016. Furthermore, he reached the compulsory retirement age of

Award of nominal damages v. Grant of Financial Assistance

The law and jurisprudence, on the other hand, allow the award of nominal damages in favor of an employee in a case where a valid cause for dismissal exists but the employer fails to observe due process in dismissing the employee. Financial assistance is granted as a measure of equity or social justice, and is in the nature or takes the place of severance compensation. (Libcap Marketing Corp. V. Lanny Jean B. Baquial, G.R. No. 192011, June 30, 2014)

A common carrier is not an insurer of the absolute safety of its passengers

While the law requires the highest degree of diligence from common carriers in the safe transport of their passengers and creates a presumption of negligence against them, it does not, however, make the carrier an insurer of the absolute safety of its passengers.

Article 1755 of the Civil Code qualifies the duty of extraordinary care, vigilance[,] and precaution in the carriage of passengers by common carriers to only such as human care and foresight can provide. What constitutes compliance with said duty is adjudged with due regard to all the circumstances.