- Alburo Law Offices' Newsletter
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Archive
What constitutes trademark infringement? | 5 August 2023
The Dominancy Test focuses on the similarity of the prevalent features of the competing trademarks which might cause confusion or deception, and thus infringement. If the competing trademark contains the main, essential or dominant features of another, and confusion or deception is likely to result, infringement takes place.

Employment Status of Private School Teachers | 4 August 2023
Those who have served the probationary period shall be made regular or permanent. Full-time teachers who have satisfactorily completed their probationary period shall be considered regular or permanent. (Section 93, Manual of Regulations for Private Schools)

Sole Proprietorship vs. One-Person Corporation | 3 August 2023
A sole proprietorship is a form of business organization with only one proprietary owner, a single individual who conducts business under his own name or a business name. (p.3, Commentaries and Jurisprudence on the Revised Corporation Code of the Philippines, Aquino, 2020)

How is the ownership of trademark acquired? | 2 August 2023
The ownership of a trademark is acquired by its registration and its actual use by the manufacturer or distributor of the goods made available to the purchasing public. (Berris Agricultural Co., Inc. v. Abyadang, G.R. No. 183404, [October 13, 2010], 647 PHIL 517-534)

What is Twin Notice Rule? | 1 August 2023
The concept of Twin Notice Rule has something to do with Labor Laws, particularly in Illegal Dismissal cases. Twin Notice Rule must be adhered to by the business enterprises or employers when terminating an employee. Otherwise, they would be liable according to law. The case of Distribution and Control Products, Inc. Vincent M. Tiamsic vs. Jeffrey E. Santos, G.R. No. 212616, July 10, 2017, discussed thoroughly the concept of Twin Notice Rule.

What is the test for Constructive Dismissal? | 31 July 2023
The test for constructive dismissal is whether a reasonable person in the employee’s position would have felt compelled to give up his position under the circumstances. (Cornworld Breeding Systems Corp. v. Court of Appeals, G.R. No. 204075, [August 17, 2022])


Patentable and Non-Patentable Inventions | 27 July 2023
Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing. (Section 21, Chapter II, Part II, Intellectual Property Code)
