Today’s blog post on the application of the doctrine of equivalents in the Philippines has been kindly drafted for us by our external expert Ms. Editha Hechanova from Hechanova & Co., Inc. In her article, Ms. Hechanova discusses a patent infringement case in the Philippines to demonstrate the applicability of the doctrine of equivalents in the Philippines IP system, which is essentially meant to help fighting patent fraud. The article first appeared in the Managing Intellectual Property.
The doctrine of equivalents is provided under Section 75.2 of the IP Code of the Philippines (Republic Act 8293). However, in deciding actions for patent cancellation and infringement, the Intellectual Property Office (IPOPHL) as well as the Supreme Court rely for the most part on American case law. The recent patent infringement case of Eddie T Dionisio v Visita International Phils, Inc and Lal K Tulsiani (IPV No 10- 2013-00034, July 28 2016) citing a cancellation case also between the parties shows this.
Dionisio was the registered owner of utility model number 2-2011-000646 for a multi-purpose articulated ladder issued by the IPOPHL on June 6 2012. On December 20 2013, Dionisio filed an administrative complaint for patent infringement against Visita claiming that the latter sold ladders with specifications similar to Dionisio’s patented ladders. Visita countered that there was no infringement since it had its own earlier filed utility model registration 2-2009-000166 issued on December 28 2010. Continue reading “The Philippines: Application of The Doctrine of Equivalents” »