Download Commercial Law Textbooks

ESSENTIALS OF INTELLECTUAL PROPERTY LAW: (A GUIDEBOOK ON R.A. NO. 8293 & RELATED LAWS) by Ernesto C. Salao, LL.B., LL.M; The developments mentioned above were the prime reasons for this edition. The features of the second edition were retained because of positive feedbacks. In this third edition, readers will find the following: 1. The amendments introduced by Republic Act No. 10372 particularly on the: Structure of the Intellectual Property Office (4.2) Jurisdiction of the Director General (5.4) Bureau of Copyright and Related Rights (6.3) Enforcement and Visitorial Power of the Director General (7) Transfer, Assignment and Licensing of Copyright (39.1, 39.2 and 39.3) Designation of Society (39.4) Additional limitation on copyright favoring the blind, visually- and reading-impaired persons (Sec. 184.1[j]) Decompilation as fair use (Sec. 185) Importation and Exportation of Infringing Materials (40.8) Term of Moral Rights (Sec. 198) Remedies Against Copyright Infringement (45.1, 45.2) Criminal Penalties for Copyright Infringement (44.3) 2. New discussions on: Marks indicating geographical origin (23.15) Unfair competition under Article 28 of the Civil Code (33.8) 3. New case digests were added. These cases are: Birkenstock Orthopaedie Gmbh And Co. Kg (Formerly Birkenstock Orthopaedie Gmbh) v. Philippine Shoe Expo Marketing Corporation, G.R. No. 194307, November 20, 2013 explaining that registration of trademark is not by itself a mode of acquiring ownership of that mark (Illustrative Case 4-1) Skechers, U.S.A., Inc., Petitioner, v. Inter Pacific Industrial Trading Corp., et al. G.R. No. 164321, March 23, 2011 to further illustrate the application of holistic and dominance test (Illustrative Case 4-6) Ecole De Cuisine Manille (Cordon Bleu of the Philippines), Inc. v. Renaud Cointreau & CIE and Le Cordon Bleu Int’l., B.V. G.R. No. 185830, June 5, 2013 discussing that even foreign marks that are not registered in the Philippines are accorded protection under the Paris Convention (Illustrative Case 4-14) Shang Properties Realty Corporation (Formerly The Shang Grand Tower Corporation) And Shang Properties, Inc. (Formerly Edsa Properties Holdings, Inc.) v. St. Francis Development Corporation, G.R. No. 190706, July 21, 2014 a case illustrating a mark that is not registrable because it indicates geographical origin as well as explaining the Doctrine of Secondary Meaning (Illustrative Case 4-18) Chester Uyco, Winston Uychiyong and Cherry C. Uyco-Ong v. Vicente Lo, G.R. No. 202423, January 28, 2013 a case about false designation of origin (Illustrative Case 4-24) Willaware Products Corporation v. Jesichris Manufacturing Corporation, G.R. No. 195549, September 3, 2014 reminding us that unfair competition exists under the Civil Code (Illustrative Case 4-25) 4. 2012, 2013 and 2014 Bar Exam questions. 5. New icon. AaAs Amended to alert readers that the portion was amended by Republic Act No. 10372 Table Of Contents Chapter I: Intellectual Property Rights Chapter II: Intellectual Property Office Chapter III: Law on Patents Chapter IV: Law on Trademark Chapter V: Law on Copyright Chapter VI: Search Warrants and Intellectual Chapter VII: Related Laws
INTRA-CORPORATE REMEDIES by Marcial O.T. Balgos; This book is an attempt to essay through the Interim Rules of Procedure on Intra-Corporate Controversies which were approved by the Supreme Court and made effective by it approximately fifteen (15) years ago. The author has copiously interspersed his comments with helpful digests of Supreme Court cases and even made fictional cases to demonstrate how an intra corporate controversy goes through the courts from inception up to execution and appeal. The author has used mainly decisions of the Supreme Court to demonstrate the meaning and intent of the Rules. He had taken positions on some of these decisions, especially in those cases where he had participated or had handled personally, en contra to what the Court has held. Table of Contents Chapter I Basic Concepts Chapter II Special Commercial Court Chapter III Intra-Corporate Rules of Procedure Chapter IV Pleading the Intra-Corporate Remedy Chapter V Complaints Chapter VI Answer Chapter VII Aiders Chapter VIII Pre-Trial Chapter IX Trial Chapter X Election Contests Chapter XI Inspection of Corporate Books and Records Chapter XII Derivative Suit Chapter XIII Judgment Chapter XIV Execution Chapter XV Appeal

ESSENTIALS OF TRANSPORTATION AND PUBLIC UTILITIES LAW by Timoteo B. Aquino, et al.; This work started as a modified casebook on the law on transportation and public utilities. The word “essentials” was adopted as part of the title of the last edition to reflect the fact that the work contained the fundamental rules and jurisprudence on the same law. It reflects the reality that the book cannot include all the important details of transportation and public utilities regulations that are expressed in numerous special laws and implementing regulations and circulars issued by administrative agencies. Special emphasis was given to the New Civil Code provisions on Common Carriers and jurisprudence that relates thereto. Hence, Part I of this work consists of general concepts and basic rules that apply to all types of transportation. Unless otherwise indicated, these concepts and rules apply to transportation by land,= water, and air. The New Civil Code provisions on Common Carriers take center-stage so to speak. Special rules that apply to transportation by air and maritime transportation are separately discussed in Parts II and III, respectively. The formalities of the contract of carriage, including the Code of Commerce provisions on documents of title, are also discussed in Chapter 5. Rules on formalities that apply specifically to transportation by air are discussed in Part II. The last chapter of the first part, Chapter 6, discusses matters relating to causes of action and damages that may be recovered in the cases files against common carriers. Those who are familiar with the previous edition will notice the changes in the structure of presentation of the topics. All the topics that are part of the previous edition are still part of the present edition, although the topics are re-arranged to provide a better framework and flow of discussion. The duty to exercise extraordinary diligence that was previously discussed in a separate chapter is now integrated in Chapter 2 that is devoted entirely to the obligations of the carrier. Two separate chapters are presented, Chapter 3 on obligations of the shippers and passengers, and Chapter 4 on defenses of the common carriers in court actions. Three separate chapters on air transportation are now discussed ahead of maritime law (Chapters 7, 8, and 9) in view of the prominent role of air transportation even to ordinary individuals. These chapters include a new separate chapter containing a more comprehensive discussion of the rules and jurisprudence on the Warsaw Convention. All chapters contain additional discussions, cases and/or citations. The additional materials include a discussion of the Warsaw Convention mentioned earlier, a new section on transportation by train in Chapter 2 and a more extensive discussion of Public Service Regulations in Chapters 21 and 22. The authors hope that the present work will be a better guide for students of transportation and public utilities law. TABLE OF CONTENTS PART I – COMMON CARRIERS CHAPTER 1 – GENERAL CONSIDERATIONS CHAPTER 2 – OBLIGATIONS OF THE COMMON CARRIER CHAPTER 3 – OBLIGATIONS OF THE PASSENGER AND SHIPPER CHAPTER 4 – DEFENSES OF THE COMMON CARRIER CHAPTER 5 – BILL OF LADING AND OTHER FORMALITIES CHAPTER 6 – ACTIONS AND DAMAGES IN CASE OF BREACH PART II – AVIATION LAW CHAPTER 7 – THE AIRCRAFT AND CIVIL AVIATION CHAPTER 8 – OBLIGATIONS OF CARRIER IN AIR TRANSPORTATION CHAPTER 9 – THE WARSAW CONVENTION PART III – MARITIME LAW CHAPTER 10 – GENERAL CONCEPTS CHAPTER 11 – VESSELS CHAPTER 12 – SHIP MORTGAGE AND MARITIME LIENS CHAPTER 13 – PERSONS WHO TAKE PART IN MARITIME COMMERCE CHAPTER 14 – CHARTER PARTIES CHAPTER 15 – LOANS ON BOTTOMRY AND RESPONDENTIA CHAPTER 16 – AVERAGES CHAPTER 17 – COLLISIONS CHAPTER 18 – ARRIVAL UNDER STRESS AND SHIPWRECKS CHAPTER 19 – SALVAGE CHAPTER 20 – CARRIAGE OF GOODS BY SEA PART IV – PUBLIC UTILITIES CHAPTER 21 – PUBLIC SERVICE REGULATIONS CHAPTER 22 – POWERS OF ADMINISTRATIVE AGENCIES APPENDICES