INTELLECTUAL PROPERTY LAW

A pioneer in intellectual property (IP) law practice in the Philippines, Cesar C. Cruz & Partners, bring both depth and breadth of experience to safeguarding your information, know-how and processes. We counsel you on the strategies and practices for managing your intellectual property that are consistent with your business plans. We also provide you with assistance on matters concerning regulatory approvals, licensing and franchising. Assessing risk and estimating the likelihood of success is part of what we do in this practice, as well as litigate ex parte and inter partes actions in the Intellectual Property Office and in the courts.

We have the technical acumen and enforcement reach in different industries and technologies: pharmaceutical, health care and medical equipment; software, information technology and electronics; and services and consumer products. In greater detail, these are some of the IP-related services we can provide you, our clients.


Protection

  • Search & clearance
  • Registration
  • Maintenance
  • Oppositions
  • Cancellations
  • Validity

Transactions

  • Franchising
  • Licensing
  • Transfers

Enforcement

  • Anti-counterfeiting
  • Border measures
  • Registration
  • Infringement
  • Unfair competition

Trademarks

Cesar C. Cruz & Partners can ably assist you in every aspect of obtaining, maintaining and transacting business in the Philippines with your trademarks and service marks - words, designs, logos, packaging and labeling (trade dress). We can help you build and protect the value of your trademarks with:

  • Searches and opinions
  • Applications
  • Opposition actions
  • Maintenance and registration
  • Cancellation actions
  • Portfolio management
  • Renewals
  • Recordal of transfers and changes
  • Due diligence and audit
  • Regulatory agency authorizations (DTI/BFAD)
  • Licensing and franchising
  • Counseling and opinions
  • Anti-counterfeiting and border protection measures (Bureau of Customs)
  • Litigation (infringement, unfair competition, administrative cases for damages)

Patents

Our Patent practice group of experienced lawyers, paralegal staff, and retained technical experts, offer custom patent services to help maximize the value of your technologies and fulfill your business objectives. We evaluate all forms of protectable innovation: inventions, industrial and layout designs, utility models and trade secrets (undisclosed information). Our full-service patent enforcement includes:

  • Searches on the state of the art
  • Advice and opinions on patentability, design registration, validity and infringement
  • Drafting and prosecuting applications
  • Renewals of design registrations
  • Negotiating and preparing contracts on technical solutions
  • Due diligence and audits
  • Regulatory agency authorizations and related matters (e.g. Department of Trade and Industry, Bureau of Food and Drugs)
  • Counseling and drafting contracts for transfer of technologies and know-how licensing (subject to IP Code of Procedures and Patent and Trademark Office approval process)
  • Payment of annuities
  • Recordal of transfers and changes
  • Litigation (validity, infringement, contractual arrangements)

Designs

In evaluating all possibilities for IP protection, design protection may be an attractive option because of the procedures that allow registration for up to 15 years. Industrial Designs are an arrangement of lines, colors, or any three-dimensional form that have a special appearance and can serve as a pattern for an industrial product or handicraft.

Our Patent practice has particular expertise in the registration of designs. We can advise you on design protection and enforcement, including preparation and prosecution of applications for registration.

Domains

Because our philosophy is to address intellectual property assets with a comprehensive perspective and provide personalized service to each client, we include domain name protection as part of our advisory responsibilities. In today’s complex e-marketplace, issues of domain name availability frequently go hand-in-hand with trademark search and clearance. Similarly, protection of brand names and marks also involves domain names. Our services related to domain names and Internet uses include:

  • Searches
  • Advice and strategy
  • Registration of Domain names
  • Motion pictures, video and sound recordings, combinations, compilations and derivative works
  • Renewal and maintenance of registered domains
  • Teaming up with you, your worldwide network and technology specialists to address issues of infringement, cybersquatting, or domain name recoveries

IP Enforcement Litigation

Cesar C. Cruz & Partners understand the importance of every case. We will assist you in enforcing your IP rights in the Patent and Trademark Office, other law enforcement agencies, as well as in the courts. We draw on our well-developed knowledge of our clients and understanding of the Philippine systems, as well as of the law, to produce positive and practical results. We prioritize our communication with you and ensure that you are updated at every stage of the legal process to help you make informed decisions.

We invest ourselves in resolving IP conflicts and disputes, including:

  • Advice and counsel on strategies and risk assessment
  • Oppositions and cancellation actions in the Patent and Trademark Office
  • Negotiation and settlement agreements
  • Infringement litigation
  • Contractual disputes litigation, including licensing, franchising and distributorship
  • Anti-counterfeiting actions, including customs and border measures
  • Administrative cases for damages
  • Proactive initiatives such as public awareness campaigns and law enforcement training

CORPORATE AND COMMERCIAL LAW

Recognized by global, multinational and local businesses that value our hands-on, personalized service, Cesar C. Cruz & Partners understand what “doing business in the Philippines” entails. Your success is our success, so we take every effort to listen to you and determine your best options, provide legal mastery to work out optimal solutions, and deliver the results with integrity.

We have extensive experience in complex multi-jurisdictional commercial transactions and represent both Asian and Western multinational corporations. Our expertise in corporate and commercial practice includes:

  • Acquisition of government permits
  • Formation and registration of domestic corporations and partnerships
  • Establishment of joint ventures
  • Franchise and distribution negotiations and agreements
  • Compliance with government reporting requirements
  • Corporate governance & due diligence, including Corporate Secretary & Director Positions
  • Drafting and reviewing contracts
  • Negotiations
  • Real estate transactions

LABOR AND EMPLOYMENT LAW

Cesar C. Cruz & Partners maintains its leadership in the practice of labor relations and employment with a successful record of negotiating and contracting employment relations, including collective bargaining agreements. We have the knowledge and experience to effectively resolve disputes and handle related litigation of varying degrees of complexity. We provide personal attention and guidance in all our services, including:

  • Preparation of employment contracts
  • Negotiations of collective bargaining agreements
  • Legal opinions on labor, employment and related matters
  • Litigation related to labor and employment

IMMIGRATION LAW

Cesar C. Cruz & Partners assists multinational clients in obtaining work permits from the Department of Labor and Employment, as well as working visas from the Bureau of Immigration for expatriate executives and employees assigned to the Philippines. Our focus is on prompt and complete service, including the delivery of the following services:

  • Legal opinions on matters related to immigration
  • Obtaining work permits and work visas for expatriates and their families
  • Representing expatriate executives before the Bureau of Immigration, Department of Labor and Employment, and the Philippine Export Zone Authority