Intellectual Property Rights under RA No. 8293

Intellectual Property Rights under RA No. 8293 are: Copyright or Economic Rights (Section 177)   Copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the following acts: Reproduction of the work or substantial portion of the work; Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work; … Continue reading Intellectual Property Rights under RA No. 8293

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Prohibition to Issue Temporary Restraining Orders (TROs) and Preliminary Injunctions (PIs) by Trial courts to Government Infrastructure Projects

R.A. No. 8975, which took effect on November 26, 2000,44 is the present law that proscribes lower courts from issuing restraining orders and preliminary injunctions against government infrastructure projects. In ensuring the expeditious and efficient implementation and completion of government infrastructure projects, its twin objectives are: (1) to avoid unnecessary increase in construction, maintenance and/or … Continue reading Prohibition to Issue Temporary Restraining Orders (TROs) and Preliminary Injunctions (PIs) by Trial courts to Government Infrastructure Projects

Rules on Injunction to Restrain Criminal Prosecution

As a general rule, the courts will not issue writs of prohibition or injunction – whether preliminary or final – in order to enjoin or restrain any criminal prosecution. But there are extreme cases in which exceptions to the general rule have been recognized, including: (1) when the injunction is necessary to afford adequate protection … Continue reading Rules on Injunction to Restrain Criminal Prosecution

Reason and Necessity for Injunction Must be Established

It is also basic that the power to issue a writ of injunction is to be exercised only where the reason and necessity therefor are clearly established, and only in cases reasonably free from doubt. For, truly, a preliminary injunction should not determine the merits of a case, or decide controverted facts. As a preventive … Continue reading Reason and Necessity for Injunction Must be Established