In the Philippines, the following are not allowed to join labor organizations: 1. Subversives or Members of Subversive Organizations – No labor union shall knowingly admit as members or continue in membership any individual who belongs to subversive organizations or who is engaged directly or indirectly in any subversive activity. […]
Legal Questions
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In the Philippines, the following may join labor unions for purposes of collective bargaining: 1. Supervisory Employees – They can form their own labor union but they cannot join the union of rank and file employees. They cannot join such union because of the nature of their work otherwise there […]
Registration in the Supplemental Register, serves as notice that the registrant is using or has appropriated the trademark. By the very fact that the trademark cannot as yet be on guard and there are certain defects, some obstacles which the use must still overcome before he can claim legal ownership […]
A trade name is any individual name or surname, firm name, device or word used by manufacturers, industrialists, merchants and others to identify their businesses, vocations or occupations. As the trade name refers to the business and its goodwill … the trademark refers to the goods. The ownership of a trademark or […]
The distinctions between the two are: 1. Infringement of trademark is the unauthorized use of a trademark, whereas unfair competition is the passing off of one’s goods as those of another. 2. In infringement of trademark fraudulent intent is unnecessary whereas in unfair competition fraudulent intent is essential. 3. In […]
As its title implies, the test of dominancy focuses on the similarity of the prevalent features of the competing trademarks which might cause confusion or deception and thus constitutes infringement. xxx xxx xxx . . . If the competing trademark contains the main or essential or dominant features of another, […]
In the Philippines, there are at least seven laws that gave definition as to who an employer is and they are the following: 1. Republic Act 8282: Social Security Act of 1997 or the SSS Law Any person, natural or juridical, domestic or foreign, who carries on in the Philippines […]
Intellectual property refers to those property rights which result from the physical manifestation of an original thought. Intellectual property rights consist of: a.) Copyrights and related rights; b.) Trademarks and Service Marks; c.) Geographic Indications; d.) Industrial Designs; e.) Patents; f.) Topographies (Layout Designs) of Integrated Circuits; and g.) Protection […]
Labor relations is the interactions between the employer and employees and their representatives and the mechanism by which the standards and other terms and conditions of employment are negotiated, adjusted, and enforced. –The Labor Code with Comments and Cases 2007, Azucena
In an election, the 2nd placer has no right to take the contested public office if the winner is disqualified AFTER the election. But if the decision of disqualification is made BEFORE the election yet the people still voted for the disqualified candidate then the 2nd highest vote getter may be […]
The following are the basic characteristics of human rights: 1. Inherent – Human Rights are inherent because they are not granted by any person or authority. 2. Fundamental – Human Rights are fundamental rights because without them, the life and dignity of man will be meaningless. 3. Inalienable – Human […]
The United Nations defined human rights as those rights which are inherent in our nature, and without which we cannot live as human beings. Human rights and fundamental freedoms allow us to develop and use our human qualities, intelligence, talents and conscience, and to satisfy our spiritual and other needs. […]
Local autonomy is the exercise of certain basic powers, i.e. police power, power of eminent domain, and taxing power, by local government units so as to best serve the interest and promote the general well being of their inhabitants. By express constitutional mandate, enjoyment of local autonomy by the territorial […]
Endowment policy is type of life insurance policy which provides insurance cover and maturity benefits too. Basically, endowment plan is term insurance policy with maturity benefits. In case of demise of policyholder, the Sum Assured is paid to the beneficiary. On survival of policyholder, the accumulated amount along with bonuses […]
The rationale of a group insurance policy of mortgagors, otherwise known as the “mortgage redemption insurance,” is a device for the protection of both the mortgagee and the mortgagor. On the part of the mortgagee, it has to enter into such form of contract so that in the event of […]
There are three ways for a bill to become a law. They are: When the President signs it When the President vetoes it but the veto is overridden by 2/3 vote of all the members of each House; and When the president does not act upon the measure within 30 […]