We are a full-service intellectual property firm in the Philippines with global capabilities
VIRGILAW is one of the country’s leading Intellectual Property Rights Enforcement Firm. Services under this practice include investigation, surveillance, monitoring, and policing activities carried out in coordination with law enforcement agencies, or specialized IP enforcement entities. These activities aim to identify and deter infringements, counterfeits, piracy, or unauthorized use of IP assets such as patents, trademarks, copyrights, and trade secrets. IP rights enforcement involves legal actions, enforcement strategies, and tactics to prevent, detect, and take legal action against IP violations, ensuring that the rights of IP owners are protected and upheld.
This practice is a critical aspect of intellectual property law because it involves the process of registering and protecting trademarks. Services under this practice include conducting trademark searches to ensure that the proposed mark is not already in use, preparing and filing trademark applications with the relevant trademark office, and responding to office actions or objections.
Once a trademark is registered, it requires active monitoring and management to ensure that it remains valid and enforceable. Trademark maintenance includes actions such as monitoring for potential infringing uses, responding to office actions or renewal requirements, filing appropriate declarations of continued use or affidavits of use, and defending against trademark challenges or oppositions. Failure to properly maintain a trademark can result in its cancellation or loss of legal protection. Therefore, trademark maintenance is crucial to safeguarding a company's brand identity and preserving its valuable trademark rights in the long term. Taking advantage of the Firm’s proprietary software – VIAMS – our clients are assured of timely reminders and monitoring of maintenance deadlines, ensuring that their IP Rights are maintained and protected.
Services under this practice include changes in the ownership, name, address, or other relevant details of the trademark owner, as well as assignments, mergers, licenses, or changes in the status of the trademark. These recordals are essential for maintaining accurate and up-to-date information with the trademark office, ensuring that the registered trademark remains valid and enforceable. Trademark recordals require proper documentation, adherence to local laws and regulations, and timely filings to ensure that the trademark remains protected and the rights of the trademark owner are safeguarded.
This practice involves the process of obtaining and protecting patents. Patent prosecution includes preparing and filing patent applications with the relevant patent office, responding to office actions or objections, conducting patent searches, conducting prior art analyses, and representing clients in patent prosecution proceedings. Successful patent prosecution can result in the grant of a valuable patent, providing exclusive rights to an invention and protecting it from unauthorized use.
The Firm’s Patent prosecution practice leverages the Firm’s technical expertise, legal acumen, and strategic planning to navigate the intricate patent examination process and secure robust patent protection for an inventor’s or a company's innovative technologies.
Patent recordals refer to the process of officially updating the records of a granted patent with the relevant patent office. Patent recordals can include changes in the ownership, assignment, licensing, or other relevant details of the patentee or patent holder. These recordals are crucial for maintaining accurate and up-to-date information with the patent office, ensuring that the patent remains valid and enforceable. Patent recordals require proper documentation, compliance with local laws and regulations, and timely filings to ensure that the patentee's rights are protected and the ownership and status of the patent are accurately reflected in the official records.
Copyright registration is a key process for protecting creative works under intellectual property law. It involves registering original works such as literary, artistic, musical, or other creative expressions with the relevant copyright office. Copyright registration provides legal evidence of ownership and establishes a public record of the copyrighted work, making it easier to enforce and defend against potential infringements. Copyright registration also provides additional legal benefits, such as the ability to seek statutory damages and attorney's fees in cases of infringement. While copyright protection automatically exists upon the creation of a work, registering the copyright provides enhanced protection and is often considered a prudent step for creators to safeguard their original works.
Customs recordals, also known as customs enforcement or border enforcement, refer to the process of registering intellectual property rights with customs authorities to prevent the import or export of counterfeit or infringing goods. Customs recordals enable IP owners to work with customs authorities to monitor and seize counterfeit or infringing goods at international borders. This process involves providing information and documentation about the IP rights to customs, who then conduct inspections and detain suspected counterfeit goods. Customs recordals are an effective tool in preventing the cross-border movement of counterfeit products, protecting the rights of IP owners, and safeguarding consumers from fake or substandard goods.
Services under this practice include securing Certificate of Product Registrations and License to Operates, crucial requirements before a food or drug company can operate and sell food and pharmaceutical products.
An intellectual property audit is a systematic review and assessment of an organization's intellectual property assets to identify and evaluate their value, protection, and potential risks. It involves a comprehensive review of patents, trademarks, copyrights, trade secrets, and other IP assets owned or used by the organization. The audit helps identify any gaps or weaknesses in IP protection, assess the adequacy of IP policies and procedures, and identify potential risks of infringement or misappropriation. An intellectual property audit provides valuable insights into an organization's IP portfolio, helps mitigate risks, and supports strategic decision-making regarding IP protection, licensing, commercialization, and enforcement.
Freedom to Operate (FTO) is a critical aspect of intellectual property management that refers to the process of conducting a thorough analysis of third-party intellectual property rights to determine if a company's product, technology, or process may infringe upon existing patents or other IP rights. FTO analysis involves searching and evaluating existing patents, trademarks, copyrights, and other relevant IP assets to assess the risk of potential infringement. FTO analysis helps companies identify potential obstacles and risks before launching a new product or technology, and enables them to make informed decisions about IP clearance, licensing, or design-around strategies. It is a proactive approach to managing IP risks and avoiding costly legal disputes related to IP infringement.
License agreements review and recordals are crucial steps in effectively managing and protecting intellectual property (IP) assets. License agreements are legal contracts that grant permission to another party to use an owner's IP rights, such as patents, trademarks, copyrights, or trade secrets, in exchange for agreed-upon terms and conditions. Reviewing license agreements ensures that the terms are clear, enforceable, and aligned with the IP owner's strategic goals. Recordals involve officially updating the IP office with details of the license agreement, ensuring that the agreement is legally recognized and the rights of the parties are protected. Properly reviewing and recording license agreements helps IP owners maintain control over their IP assets, ensure compliance with contractual obligations, and enforce their rights in case of disputes or breaches.
Services under this practice include routine administrative tasks and legal compliance measures undertaken to maintain a company’s legal status and ensure compliance with applicable laws and regulations. It includes tasks such as maintaining accurate corporate records, filing annual reports, conducting shareholder meetings, updating corporate bylaws and policies, and managing corporate governance matters.
Corporate housekeeping is essential for ensuring that a company operates in accordance with legal requirements, mitigating potential legal risks, and maintaining good standing with regulatory authorities. It helps companies demonstrate good corporate governance practices, protects the interests of shareholders, and safeguards the company's reputation and long-term success.
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