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Mercato Centrale renews lease with RLC at Bridgetowne Estates

MERCATO CENTRALE has renewed its partnership with Robinsons Land Corp. (RLC) for the operation of an outdoor food market at the Bridgetowne Destination Estates in Quezon City.

Following the renewed partnership, Mercato Centrale announced new collaborations with Okane Kitchen and Fly Ace Corp. to expand its offerings at the outdoor food market, the company said in an e-mailed statement sent on Tuesday.

 “The strong and steady foot traffic at Bridgetowne makes it the perfect venue for launching new food concepts by our small food business entrepreneurs,” Mercato Centrale said.

 Okane Kitchen specializes in new food concepts and back-end kitchen operations for small and medium enterprises (SMEs), while Fly Ace is one of the country’s leading food and beverage companies and the exclusive distributor of Franzia Wines.

 Launched in 2011, Mercato Centrale offers a platform to support the growth of SMEs. It also offers customers with a wide range of food options from gourmet dishes to street food.

Bridgetowne is a mixed-use township and business park development located on the border of Pasig and Quezon City. — Revin Mikhael D. Ochave

What it means to be stewards of our marine resources

PHILIPPINE STAR/MIGUEL DE GUZMAN

As an archipelago situated at the apex of the Coral Triangle, the Philippines is in a uniquely strategic position to optimize its location, which harbors some of the most diverse and extensive coral reef systems. Our nation enjoys a wealth of marine biodiversity that is the envy of many, that protects our coastlines from erosion and storm waves, and that gives us food security and ensures the livelihood of coastal communities.

Unfortunately, many things threaten to destroy the precious marine ecosystem.

Foremost, climate change — directly attributable to human activities over centuries — raises sea temperatures and leads to coral bleaching. This weakens the reefs and reduces their ability to recover.

Overfishing and destructive fishing practices, specifically the use of blast and cyanide fishing, also do harm. And then, given the incursions of another country into what has been established as ours, artificial islands are being built to assert its erroneous claim. This leads to the destruction of natural coastal habitats, including coral reefs, mangroves, and seagrass beds. Such activities also result in coral reef degradation. These illegal methods destroy habitats and reduce fish populations, threatening marine biodiversity and the livelihoods of coastal communities. These projects disrupt marine ecosystems by altering sedimentation patterns and increasing water pollution.

The loss of natural barriers also increases the vulnerability of coastal communities to storm surges and erosion.

In response to these threats, the government has enacted laws and policies to not only protect but also maximize our marine resources. Three pieces of legislation specifically address these concerns. According to Lea Avila, OIC Chief of the Coastal and Marine Ecosystems Management Section, Biodiversity Management Bureau of the Department of Environment and Natural Resources during a recently held forum on marine protection held by The Stratbase ADR Institute, in partnership with the Australian Embassy, it is through the integration of policy, management and enforcement, science, and partnerships that we can conserve and protect our coastal and marine environment.

The Philippine Fisheries Code of 1998, for instance, protects coastal and marine environments by regulating fishing practices, establishing marine protected areas, and involving local communities in resource management. Local policies and ordinances have established more than 1,000 locally managed Marine Protected Areas (MPAs) or Marine Sanctuaries as a result of this law.

The Coral Triangle National Plan of Action expands and effectively manages MPAs and enforces regulations to prevent overfishing and protect fish stocks. The National Integrated Protected Areas System Act of 1992 designates various protected areas, such as national parks and wildlife sanctuaries, and established Protected Area Management Boards to oversee these regions. It also emphasizes community involvement, ensuring that local stakeholders benefit from and participate in conservation efforts.

These laws are not new. They have been in force for years, showing the keen awareness of the government of the need to protect the marine ecosystem. And yet the threats remain. Indeed, conservation alone is not enough. The Philippines must also look beyond protection and find ways to maximize the resources in its waters.

In the same forum, Dr. Mary Kristerie Baleva, a non-resident fellow of the Stratbase ADR Institute and former director of the ASEAN Center for Biodiversity, said that the contribution of ocean-based industries to the national GDP remains below 5% despite the vast array of aquatic resources that the country possesses. Fisherfolk continue to be one of the poorest sectors in society. In 2021, poverty incidence among this sector was at 30.6%.

These indicate that the country’s marine resources are not being fully utilized to improve economic outcomes for its people.

A solution that appears promising is the development of a blue economy, one that emphasizes the sustainable use of ocean resources for economic growth, improved livelihoods, and the preservation of the marine environment.

Toward this objective, the government has emphasized the development of the country’s blue economy. Central to this initiative is Senate Bill 2450 or the proposed “Blue Economy Act,” which is considered a priority legislation of the administration. The Blue Economy Framework will serve as the country’s roadmap towards a diversified and sustainable ocean economy aimed at providing long-term economic and social benefits while building resilience to climate change.

A July 2024 survey by the Social Weather Stations showed that three in five Filipinos believe government efforts in protecting Filipino fishermen and protecting the marine resources in the West Philippine Sea are sufficient. But while there is substantial support for current measures, the government has to intensify its efforts to address ongoing challenges and enhance the protection of these critical national assets. Strengthening these efforts will ensure that the needs and concerns of the Filipino people are effectively met, and that the nation’s maritime sovereignty and ecological wealth are secured for future generations.

Defending our seas goes far beyond securing our territorial waters or safeguarding the rights of our fisherfolk against expansionist threats. It is a profound commitment to our role as stewards of these vast and vital resources. We are entrusted with the responsibility to care for, preserve, and protect the marine ecosystem — not just for our own benefit, but for the health of our planet and the prosperity of succeeding generations.

 

Victor Andres “Dindo” C. Manhit is the president of the Stratbase ADR Institute.

Shanghai Museum welcomes feline visitors to peruse Egyptian cat imagery at ‘Meow Night’

SHANGHAIMUSEUM.NET

SHANGHAI — Shanghai Museum has pulled in crowds this summer for an exhibition of ancient Egyptian relics including cat statues and other feline imagery, and which on Saturday nights allows up to 200 visitors to bring along their own four-legged friends.

Inspired ancient Egyptians’ worship of Bastet, the goddess of protection — often depicted as a cat — the museum has given cats the chance to interact with part of the exhibition called The Secrets of Saqqara.

“Egyptian archaeological teams discovered a cat temple in Saqqara and unearthed many cat mummies and cat statues. So when we were planning the event, we had cats as a theme, and then came the idea for ‘Meow Night,’” said Shanghai Museum Deputy Director Li Feng.

The Top of the Pyramids: Ancient Egyptian Civilization Exhibition began on July 19 and runs until Aug. 17, 2025, with “Meow Night” planned for at least 10 Saturdays. It has held six so far with tickets, including 200 bring-a-cat tickets, selling out each time.

Visitors bring their cats in carriers or pet strollers and can take them out only at designated areas, such as for a photo opportunity next to a statue of Bastet.

The cats are checked on entry to ensure up-to-date vaccinations and for signs of illness or stress. There are veterinarians onsite and rest areas for cats in case the stimulation from their night at the museum gets a bit much.

“It’s very special that you can bring a cat with you,” said visitor Qiu Jiakai who was attending “Meow Night” with one-year-old puss An Mao.

“I listened to the narrator’s introduction saying … many of today’s pet cats are related to the cats domesticated in ancient Egypt. So I thought I would have to bring my cat here to see its ancestors and the cat goddess,” she said. — Reuters

Philippine banks’ online assets vulnerable to attacks

ANASTASIA NELEN–UNSPLASH

THE INTERNET-FACING ASSETS of banks in Southeast Asia, including the Philippines, are at risk of being exploited by cyberattackers due to potential vulnerabilities and weak cyber hygiene, a study by exposure management company Tenable found.

This, even as the Philippines had the lowest number of risky assets compared to other countries in the Southeast Asian region at 2,600, it said in a statement.

Tenable’s research found that there are more than 26,500 potential internet-facing assets among over 90 top banking, financial services and insurance (BFSI) companies by market capitalization in Indonesia, Malaysia, the Philippines, Singapore, Thailand and Vietnam.

Singapore had over 11,000 internet-facing assets identified across its top 16 BFSI companies, with 6,000 of those assets hosted in the United States. Next was Thailand with over 5,000 assets.

“The findings revealed that the average organization possesses nearly 300 internet-facing assets susceptible to potential exploitation. The distribution of internet-accessible assets underscores the need for cybersecurity strategies that adapt to the rapidly evolving digital landscape,” it said.

“The results of our study reveal that many financial institutions are struggling to close the priority security gaps that put them at risk… By identifying and securing vulnerable assets before they can be exploited, organizations can better protect themselves against the growing tide of cyberattacks,” Nigel Ng, senior vice-president at Tenable Asia Pacific & Japan.

The study found that banks in the region have vulnerabilities and cyber hygiene issues, including outdated software, weak encryption, and misconfigurations.

“These vulnerabilities provide cybercriminals with easily exploitable potential entry points, posing potential risk to the integrity and security of financial data,” Tenable said.

Nearly 2,500 of the banks’ internet-facing assets supported outdated security protocols, while over 4,000 assets that were originally intended for internal use were inadvertently exposed and are now accessible externally.

“Failing to secure these internal assets poses a significant risk to organizations, as it creates an opportunity for malicious actors to target sensitive information and critical systems,” the company said.

Over 900 assets had unencrypted links, while more than 2,000 assets of the banks included in the study had application programming interface or API vulnerabilities, it added.

“Malicious actors can exploit such weaknesses to gain unauthorized access, compromise data integrity, and launch devastating cyberattacks,” Tenable said.

“By prioritizing exposure management, these organizations can better protect their digital assets, safeguard customer trust, and ensure the resilience of their operations in an increasingly hostile digital environment,” Mr. Ng said. — AMCS

Budget entitlements, fiascos and duds

VICE-PRESIDENT Sara Duterte at the deliberations on the proposed 2025 budget for the Office of the Vice President at the House of Representatives in Quezon City. — PHILIPPINE STAR/MIGUEL DE GUZMAN

My friend, Cebu City activist and civil society leader Gus Go, strongly believes that were it not for our irresponsible and corrupt politicians, our country should not be poor. If we pay attention to what is being done with our taxpayers’ money these days, it is not difficult to agree with him.

Vice-President Sara Duterte recently blurted out, when questioned by members of the Lower House about her budget proposals, “there are no rules, rules.” When she demanded that the Chair of the legislative committee investigating her budget proposals be replaced, she had to be reminded that she was a resource person at the hearing and had no authority to demand such a change. In 2022, when questioned about her demand for more and more confidential funds (which do not have to be accounted for) she said that those who were objecting to her request were violating the Constitution!

Sara Duterte’s budget proposal as Vice-President now totals P2.9 billion. This is the biggest allocation ever for any vice-president in our history. Here in Cebu, I often see a large empty bus with the sign “Office of the Vice-President of the Philippines.”  Once, I saw it parked beside a building sporting a sign that said, “Office of the Vice-President of the Philippines.”  Why she has a huge bus and an office in Cebu does not make sense since the VP is only meant to serve as President in case the elected President dies or is incapacitated. I hope she does not also maintain these facilities in other parts of the country! If so, it indicates that she is indeed planning to run for President. Horrors.

I have great respect for former Central Bank Governor Felipe Medalla, who resigned from his cushy job (the highest paid government post) to return to academe as he did not agree with the concept for the Maharlika Investment Fund (MIF).  Sovereign Wealth Funds, per Medalla, should be invested in by governments with surplus funds. The Philippine government is in deficit! The MIF has an authorized capitalization of P500 billion. The government has allocated P50 billion to it from earnings of the Central Bank, the Philippine Amusement and Gaming Corp. (PAGCOR), and other corporations. The Land Bank and the Development Bank of the Philippines (DBP) have initially contributed P50 billion and P25 billion to it respectively.

At a recent legislative hearing, MIF President Rafael Consing, Jr. reported that it is still seeking projects to invest in. It has been over a month since the initial funds were transferred to it. He reported, however, that MIF had “interest earnings.” That means that the government banks where it has deposited the P125 billion have paid interest on monies that they themselves had in fact contributed. This expense is in addition to the opportunity costs that LANDBANK and DBP have incurred on the billions that they have provided to MIF, which they could otherwise have invested themselves.

Now, Finance Secretary Rafael Recto has proposed listing the LANDBANK and the DBP in the Stock Exchange. Is it because with the billions of pesos they were mandated to contribute to MIF, they are now reeling from the reduction in their own investible funds?

The MIF is looking for private sector partners in large infrastructure projects and development investments in rural areas, as a “development agency” per Consing. I wonder if private sector investors would be interested in partnering with a government institution that was created by politicians who may want to get something in return for their signatures. Meanwhile, more and more funds are to be contributed by government banks and corporations in the course of time.

The much-ballyhooed dolomite beach which the Department of Environment and Natural Resources reclaimed on Roxas Boulevard has been abandoned. Aside from the nonsense that the environment agency had envisioned, it could no longer be maintained. Has anyone been made accountable for the waste of government resources, and damage to the environment, from the harm to the corals in Manila Bay, and the dolomite sources in Cebu Province?

Here in Cebu, there is a traffic bottleneck at the intersection between the pleasant and gracious Gorordo Ave. and Salinas St. A few years ago, a huge PDAF*-funded overpass was proposed to be built on Gorordo, but was stopped when civil society leaders campaigned against it. The protesters took the position that the ugly overpass was not the correct solution for the heavy traffic in the area. The traffic bottleneck can actually be relieved easily by reducing the parking area of JY Square on the intersection in order to flare traffic from Gorordo right to Salinas. There is also a humongous space occupied by a religious institution that can be partly taken over to allow Gorordo to be widened.  Plus, the “island” around which traffic turns into five or six corners could certainly be redesigned to allow for the smoother flow of traffic. Why this is not being done is a mystery. The traffic jams cause the waste of expensive gasoline, and of time which could be used for more productive activities, instead of car users being parked in heavy traffic. 

These are just a few examples of waste of government resources. Multiply that a few more times, and you can understand why Atty. Gus Go thinks the way he does.

* Priority Development Assistance Fund

 

Teresa S. Abesamis is a former professor at the Asian Institute of Management and fellow of the Development Academy of the Philippines.

tsabesamis0114@yahoo.com

MPIC’s mWell expands with new self-care tools, counseling services

FREEPIK

METRO Pacific Investments Corp. (MPIC), through its digital healthcare unit mWell, is expanding its digital healthcare offerings by integrating self-care tools and counseling services into its product suite.

“mWell aims to transcend geographic boundaries and provide holistic wellness to our countrymen,”mWell Chairman Manuel V. Pangilinan said in a statement on Tuesday.

“As the only Philippine health and wellness app available globally, mWell provides mind health support to students, members of the workforce, and Overseas Filipino Workers,” it said. 

mWell by Metro Pacific Health Tech Corp. is a comprehensive health app providing wellness and health solutions to its users.

In May, the company announced the expansion of its digital healthcare products, including the Mind Health Score feature and a new generation of mWell watches and rings.

The mWell app provides online consultations, daily health tracking, financial wellness tools, laboratory services, pharmacy options, home care, and emergency response.

It also includes the Mind Health Score feature, which tracks users’ emotional well-being.

MPIC is one of the three key Philippine units of Hong Kong-based First Pacific Co. Ltd., the others being Philex Mining Corp. and PLDT Inc.

Hastings Holdings, Inc., a unit of PLDT Beneficial Trust Fund subsidiary MediaQuest Holdings, Inc., has a majority share in BusinessWorld through the Philippine Star Group, which it controls. — Ashley Erika O. Jose

Philippines ranks 108th in Global Youth Development Index

The Philippines ranked 108th out of 183 countries — same placement with Nepal and Paraguay — in The Commonwealth’s Global Youth Development Index (YDI) 2023, after scoring 0.717 out of 1. It was the second-lowest in the East and Southeast Asia region. The report examines the extent to which young people are learning, earning and living healthy, engaged and peaceful lives. It also shows whether they are living in societies that value their views, including their perspectives and recognize their contributions.

Philippines ranks 108th in Global Youth Development Index

MSMEs reach more buyers and get feedback at PHL trade fair

DTI

SMALL- and medium-sized business owners will benefit from trade fairs, which provide a platform that brings together a diverse audience, including potential customers and international buyers.

“Micro, small and medium enterprises (MSMEs) can learn from these buyers because they can give them feedback,” Emerson Q. Labang, supervising trade-industry development specialist at the Trade department’s Bureau of Market Development, Promotions and OTOP, said in an interview.

“It’s a very productive way for our MSMEs to… get that information directly from the buyer and network with private sector partners in terms of enhancing their logistic capabilities, their access to finance, and of course, even improving their products,” he added.

The Department of Trade and Industry (DTI) held its Bagong Pilipinas National Trade Fair last month to help MSMEs showcase their products and services to a larger and more varied audience.

Furniture shop Cura Furn managed to acquire new clients at the event, according to an Aug. 27 post on its Facebook page.

“Our expectations were already overly satisfied by the fourth day, when on the fifth day, just a few hours towards closing, the big-ticket items supposedly only for display, were sold — tables, chairs, plus pillows,” Giuliana B. Anastacio, owner and creative head of the Cavite-based business, said in the same post.

Other DTI-organized events this year included a beauty fair, which was also held in August. A National Arts and Crafts Fair, with the help of the Office of Senator Lorna B. Legarda, and a one-town, one product (OTOP) food fair are in the pipeline for October.

Entrepreneurs can join future DTI fairs through their local office, Mr. Labang said.

“We send out invitations to [our regional and provincial offices] and then give our terms and conditions,” he said. “Then we evaluate the [businesses’] product samples and their capacity to produce, so that just in case they meet institutional buyers, they would be able to supply these buyers’ demands.”

Exhibitors should be ready to answer inquiries, he added.

The events are a culmination of what services the DTI can offer MSMEs, Mr. Labang said. Through these, he said, “we hope that our MSMEs can feature their best products.” — P.B. Mirasol

Nicole Kidman plays tough matriarch in murder mystery The Perfect Couple

Nicole Kidman and Liev Schreiber in a scene from The Perfect Couple. — IMDB

LONDON — Nicole Kidman brings murder mystery The Perfect Couple to the small screen in a new Netflix mini-series in which she plays a matriarch of a wealthy American family with plenty of secrets.

The six-part show, adapted from the 2018 novel by Elin Hilderbrand, stars Eve Hewson as zookeeper Amelia Sacks who is marrying into one of the richest families in Nantucket.

Ms. Kidman plays her disapproving future mother-in-law, murder mystery novelist Greer Garrison Winbury, who has organized a lavish wedding at the family home over the Fourth of July holiday weekend.

When a body washes up ashore on the day of the nuptials, however, secrets unravel and an investigation begins.

“I grew up on (murder mysteries) and… I haven’t seen one like this for a while, so it was really exciting to be a part of it and to be able to produce it as well,” Ms. Kidman told Reuters at the series’ United Kingdom premiere in London on Monday.

The Oscar winner said the role was “so different” to the one she plays in Babygirl, an erotic drama she premiered at the Venice Film Festival last week.

“(Greer is) strong and, and powerful and that was exciting to play… I’m always on this quest to find things that I haven’t done or have different experiences,” she said.

Liev Schreiber plays family patriarch Tag, a role the actor said he needed “some convincing” taking on.

“But once I talked to (director) Susanne Bier for about two weeks and Nicole (Kidman), I just realized how deliciously dark and wonderful this was going to be, so it worked out,” he said.

Meanwhile Ms. Hewson’s character is the outsider.

“I was a little bit jealous of the Winburys (family characters) just because they have amazing one liners,” she said. “I was the grounded one… the serious one.”

The series cast also includes Dakota Fanning, Meghann Fahy, Jack Reynor, Billy Howle, Sam Nivola and Ishaan Khatter.

The Perfect Couple premieres on Netflix on Thursday. — Reuters

iGTB in talks to partner with two potential digital banking entrants

INTELLECT GLOBAL Transaction Banking (iGTB) is looking to partner with two entities that are seeking to secure digital bank licenses from the Bangko Sentral ng Pilipinas (BSP), its top official said last week.

The company, a global transaction banking platform, can help these new digital lenders scale their services to offer solutions to depositors, iGTB Chief Executive Officer Manish Maakan told reporters during a briefing last week.

He said they are already in talks with two entities that want to enter the Philippine digital banking market.

iGTB is not looking to partner with online banks that are already operating in the country as they have already invested in technology, Mr. Maakan added.

The Monetary Board last month approved the lifting of the moratorium on new digital banking licenses starting Jan. 1, 2025, allowing four more digital banks to operate in the country.

This would bring the maximum number to 10. These can either be new applicants or banks that seek to convert their existing license to a digital one.

The six online lenders currently operating are Tonik Digital Bank, Inc.; GoTyme Bank of the Gokongwei group and Singapore-based Tyme; Maya Bank of Voyager Innovations, Inc.; Overseas Filipino Bank, a subsidiary of Land Bank of the Philippines; UNObank of DigibankASIA Pte. Ltd.; and UnionDigital Bank of Union Bank of the Philippines, Inc.

Mr. Maakan said the new digital banks are expected to face challenges once they begin operating as their competitors are all targeting the same market, as they still have to build brand trust.

“What happens in the digital bank [space] is it’s the youngsters who adopt them first. And when you are younger, you don’t have balances. When you open accounts, you only have a few transactions,” he said. “Nobody is going to give you loans. So, these fintechs (financial technology firms) grow by scaling up account acquisition.”

iGTB can help these new online-only banks through its open finance platform eMACH.ai and by building technology solutions.

“We look at an event in any consumer’s life — be it retail consumer or a corporate consumer. We are able to orchestrate processes for that event and create business services and connect it to any ecosystem, internal or external. So, if a bank wants to launch a new service, you can coexist along with whatever they have invested in and scale them up,” he said. — AMCS

Patents and the Doctrine of Equivalents: Insights from Phillips Seafood Philippines Corp. vs Tuna Processors, Inc.

“The language of the claims limits the scope of protection granted by the patent. The patentees, in enforcing their rights, and the courts in interpreting the claims, cannot go beyond what is stated in the claims, especially when the language is clear and distinct. If not, […] reference to the description and drawings may be done to ascertain the meaning of the terms in the claims.”1

This is one of the key pronouncements by the Supreme Court in the case of Phillips Seafood Philippines Corp. vs. Tuna Processors, Inc. Promulgated on Feb. 6, 2023, and published on the Supreme Court’s website on March 7 this year, the case is the latest addition to the limited Philippine jurisprudence relating to patents.

The case began when Kanemitsu Yamaoka, co-inventor of Philippine Patent No. I-31138 (Patent I-31138) entitled, “Method for Curing Fish and Meat by Extra Low Temperature Smoking,” filed a patent infringement complaint against Phillips Seafood Philippines Corp. with the Bureau of Legal Affairs (BLA) of the Intellectual Property Office of the Philippines (IPOPHL). Mr. Yamaoka alleged that Phillips used the patented process without authorization. Phillips denied the claim, stating its process does not involve a cooling unit as specified in Patent I-31138.

The BLA dismissed Mr. Yamaoka’s complaint, concluding that there was no literal or equivalent infringement. Mr. Yamaoka then appealed to the Office of the Director General (ODG), which appointed a technical expert that reported on the differences in the curing processes between the two companies. Before the appeal could be resolved, Mr. Yamaoka passed away and was substituted by Tuna Processors, Inc. (TPI). The ODG eventually dismissed the appeal, and the case was elevated to the Court of Appeals. The Court of Appeals initially upheld the ODG’s decision but later amended it, ruling that there was infringement under the doctrine of equivalents.

The case eventually reached the Supreme Court, which ultimately ruled that Phillips’ process did not infringe on Patent I-31138. In its decision, the Court emphasized that determining the existence of infringement involves a two-step analysis: first, interpreting the patent’s claims to establish their scope and meaning; and second, comparing the allegedly infringing product or process against the standard of the properly interpreted claims. Infringement occurs not only if all the elements of a claim are present but also if their equivalents are involved.

The Court upheld that there is no literal infringement as the Phillips’ process contains three steps that are not present in the process of Patent I-31138.

In determining whether there is infringement under the doctrine of equivalents, the Court first discussed two established tests: the “insubstantial difference” test and the “function-means-result” test. The “insubstantial difference” test identifies infringement when minor changes are made to a patented invention that serve as mere substitutes for the original elements. On the other hand, the “function-means-result” test applies when an infringing process, despite modifications, performs the same function in the same way to achieve the same result as the patented invention.

The Court then introduced a new standard called the “all elements” test, which requires that the doctrine of equivalents be applied to each individual element of a patent claim rather than assessing the entire invention as a whole. Although the “all elements” test is derived from US jurisprudence, it is supported by Section 75.2 of the Intellectual Property Code2 and is applied “to avoid the possibility that courts will enlarge the scope of a patent when applied too broadly to the invention as a whole and thereby eliminate an element in its entirety.”

In this case, the Court first applied the “insubstantial difference” test and the “function-means-result” test. The Court found that while the functions and results of Phillips’ and Patent I-31138’s processes are similar, the methods used are different. Phillips uses filtered smoke at ambient temperature, whereas Patent I-31138 specifies smoke cooled to between 0°C and 5°C. There was also no evidence that Phillips’ method of cooling both smoke and meat simultaneously achieves the same claimed preservative effects as the patented method. The Court then applied the “all elements” test and determined that only the initial steps of Phillips’ process are equivalent to the initial elements of Patent I-31138, while the other remaining steps and elements are not considered to be equivalent. Consequently, the Court ruled that there was no infringement under the doctrine of equivalents.

Phillips Seafood Philippines Corp. vs. Tuna Processors, Inc. represents a notable step in clarifying the application of infringement tests within local patent jurisprudence. While it is worth noting that the Court applied all tests in no express preferential order in determining the existence of infringement under the doctrine of equivalents, the ruling provides a comprehensive framework that may offer valuable guidance for future patent infringement cases.

(This article is for informational and educational purposes only. It is not offered and does not constitute legal advice or legal opinion.)

1 G.R. No. 214148, Feb. 6, 2023.

2 Republic Act No. 8293, Section 75.2 For the purpose of determining the extent of protection conferred by the patent, due account shall be taken of elements which are equivalent to the elements expressed in the claims, so that a claim shall be considered to cover not only all the elements as expressed therein, but also equivalents.

 

Rowen D. Palma is an associate of the Intellectual Property Department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).

rdpalma@accralaw.com

8830-8000

National Government outstanding debt

THE NATIONAL Government’s (NG) outstanding debt hit a fresh high of P15.69 trillion as of end-July amid an increase in domestic and external borrowings, the Bureau of the Treasury (BTr) said. Read the full story.

National Government outstanding debt