Case Summary (G.R. No. 115106)

Nature of Injunction

• Injunction serves as a preservative remedy aimed at protecting substantive rights or interests.
• It is not a standalone cause of action but a provisional remedy associated with a main suit.
• The judicial power to issue an injunction exists to prevent threatened or continuous irremediable injury before claims can be fully investigated and adjudicated.
• It is applicable only in cases of pressing necessity to avoid consequences that cannot be compensated.
• Essential conditions for granting temporary injunctive relief include:
  • The complaint must allege sufficient facts to constitute a cause of action for injunction.
  • The injunction must be reasonably necessary to protect the plaintiff's legal rights pending litigation.

Requisites for Issuance of Preliminary Injunction

• A preliminary injunction may be granted after the action's commencement and before judgment.
• Two requisites must be satisfied for an injunction to issue:
  1. Existence of a right to be protected.
  2. Facts against which the injunction is directed must violate that right.
• The right to be protected must be a present legal right that is clear and positive.

Definition of "New" Utility Model

• Under Section 55 of The Patent Law, a utility model is not considered "new" if:
  • It has been publicly known or used in the country before the patent application.
  • It has been described in printed publications circulated within the country.
  • It is substantially similar to any other known utility model.

Patent Eligibility for Utility Models

• The Patent Law allows for patents on new models of implements or tools of industrial products, even if they lack the quality of invention, provided they have practical utility.

Rights of a Patentee

• Under Section 37 of The Patent Law, a patentee has the exclusive right to make, use, and sell the patented product throughout the Philippines for the patent's term.
• Unauthorized making, using, or selling by any person constitutes patent infringement.

Definition of Patent Infringement

• Patent infringement occurs when essential or substantial features of the patented invention are appropriated.
• A device must perform the same function or achieve the same result by identical or substantially identical means, with a similar principle or mode of operation.

Establishing Prima Facie Proof of Infringement

• The respondent corporation failed to provide a competent comparison between its model and the petitioner's.
• The respondent disregarded the petitioner's improved Utility Model No. 6237.
• The petitioner established that both models:
  • Are used for singing and amplifying voice.
  • Can play and record using minus-one or multiplex tapes.
  • Enhance the singer's voice using various controls.
  • Are encased in similar cabinets and can use multiple microphones.
• The similarities indicate that both models operate in substantially the same manner and produce similar results.

Background of the Case

• Roberto L. del Rosario filed a patent infringement complaint against Janito Corporation for manufacturing a k...continue reading