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Intellectual Property vs. Hon. Ochoa etc. [CONCURRING OPINION, PERLAS-BERNABE, J.]

INTELLECTUAL PROPERTY ASSOCIATION OF THE PHILIPPINES, PETITIONER, VS. HON. PAQUITO OCHOA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, HON. ALBERT DEL ROSARIO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF FOREIGN AFFAIRS, AND HON. RICARDO BLANCAFLOR, IN HIS CAPACITY AS THE DIRECTOR GENERAL OF THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES, RESPONDENTS.

G.R. No. 204605 | 2016-07-19

CONCURRING OPINION


PERLAS-BERNABE, J.:

I concur,

However, I wish to briefly expound on the reasons as to why the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks[1] (Madrid Protocol) should be classified as an executive agreement and not a treaty. Therefore, it need not be concurred in by at least two-thirds of all the Members of the Senate in order to be valid and effective.[2]

Section 122 of Republic Act No. (RA) 82933 or the "Intellectual Property Code of the Philippines" (IP Code) provides that "[t]he rights in a mark shall be acquired through registration made...