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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...