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Showing posts with the label commercial law

Case Digest on Partnership and Commercial Law: Angeles vs. Secretary of Justice, 465 SCRA 106, G.R. No. 142612, July 29, 2005

Angeles vs. Secretary of Justice, 465 SCRA 106, G.R. No. 142612, July 29, 2005 Facts:  On 19 November 1996, the Angeles spouses filed a criminal complaint for estafa  against Mercado. In their affidavits, the Angeles spouses claimed that Mercado convinced them to enter into a contract of antichresis, colloquially known as sanglaang-perde , covering eight parcels of land planted with fruit- bearing lanzones trees. As the Angeles spouses stay in Manila during weekdays and go to Laguna only on weekends, the parties agreed that Mercado would administer the lands and complete the necessary paperwork. After three years, the Angeles spouses asked for an accounting from Mercado. Mercado explained that the subject land earned P46,210 in 1993, which he used to buy more lanzones trees. Mercado also reported that the trees bore no fruit in 1994. Mercado gave no accounting for 1995. The Angeles spouses claim that only after this demand for an accounting did they discover that Mercado had p...

Legal Principles on Intellectual Property Law: Trademarks; Paris Convention; Intellectual Property Code

The Philippines is obligated to assure nationals of countries of the Paris Convention that they are afforded an effective protection against violation of their intellectual property rights in the Philippines in the same way that their own countries are obligated to accord similar protection to Philippine Nationals.  The Philippines is obligated to assure nationals of countries of the Paris Convention that they are afforded an effective protection against violation of their intellectual property rights in the Philippines in the same way that their own countries are obligated to accord similar protection to Philippine Nationals.  In Mirpuri, 318 SCRA 516 (1999), the Court ruled that the essential requirement under Article 6bis of the Paris Convention is that the trademark to be protected must be “well-known” in the country where protection is sought. The Court declared that the power to determine whether a trademark is well-known lies in the competent authority of the country of...