Amicus Curiae

Republic Act No. 11232, otherwise known as the Revised Corporation Code of the Philippines (RCC), became effective on Feb. 23, 2019. One of its salient features is the provision on institutionalizing arbitration of intra-corporate disputes — conflicts arising from intra-corporate relations, relationships between or among stockholders of the same corporation, or relationships between the stockholders and the corporation.

The COVID-19 pandemic has highlighted a heavy sense of global discord. State leaders are expected to come up with national policies that would prevent economic collapse and, at the same time, adopt the necessary health measures to combat the spread of the virus. While there have been efforts to contain and minimize the effects of COVID-19, the number of positive cases continues to rise at a rate that seems to be the “largest economic shock which the world has experienced in decades.”

On Aug. 15, President Rodrigo Duterte approved the recommendation of Department of Education Secretary Leonor Briones to defer the opening of classes from Aug. 24 to Oct. 5 in view of the COVID-19 pandemic. This postponement reflects the challenges faced by the government, educators, parents, and students in providing and accessing quality education during the current health emergency.

The year 2020 has brought to us a forced awareness of health matters, both on a public and private plane. Indeed, we have not seen in modern history such a paralysis brought about by an ancient enemy, which has pretty much held the whole world hostage. But world affairs must move on and the emphasis on strong leadership — both figuratively and literally — now has even more importance.

As soon as the effects of COVID-19 were felt, people have craved for the same thing: a duplicate of the life before the global pandemic.

To satisfy this (with minimal physical contact as much as possible), people have resorted to electronic means to carry on their regular day-to-day activities. Hence, there was a rise in the number of online businesses, as opportunists have seen this as a means to create revenues while under quarantine.

Article III, Section 4 of the Constitution provides that “no law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.” Thus, the right to freely express one’s thoughts is not without basis.

Going through reportedly the world’s longest lockdown because of COVID-19, from easing up and back to further restricting quarantine measures, it would seem that this pandemic has brought both the good and bad out of this government. As the confirmed COVID-19 cases in the Philippines recently breached the 100,000 mark, making the country the number one in Southeast Asia in number of cases, questions whether the government is doing enough swirl around.

In light of the implementation of various community quarantine measures brought about by the COVID-19 pandemic, many business establishments were either prevented from operating or permitted with limited operational capacity. As a result, many entrepreneurs incurred significant financial losses. Due to the uncertainty of the resolution of the pandemic, and to thwart further losses, many businesses were constrained to cease their operation and finally close.

Medical diagnostic kits, legal services, computer software, stem cells, firearms, various clothing items, and beer — these are just some of the goods and services which are the subject of COVID-19-related trademark applications in different jurisdictions all over the world.