- 3 -IPO is low, if not, nil. This requirement of fair hearing is the essence of procedural due process.Without the guarantee of a fair hearing,
is necessarily violated.Compare this with labor cases before the National Labor Relations Commission (NLRC),which is granted similar enforcement powers by the law. In these labor cases, state interventionon behalf of the labor force is justified, if not necessary, considering the power imbalance infavor of employers. Hence, in
Fuentes v. NLRC
, G.R. No. 110017, January 2, 1997:The State is bound under the Constitution to afford full protection to labor and whenconflicting interests of labor and capital are to be weighed on the scales of social justice
the heavier influence of the latter should be counterbalanced with the sympathy andcompassion the law accords the less privileged workingman.
In sharp contrast to cases before the IPO, IP owners already have leverage to begin with – the proximate relationship and the financial backing of the adjudicating body: the IPO. Addingthis proposed provision to the IPC will only further tilt the balance in favor of IP owners, to thedetriment of the general public whose interest the IPO is obliged to protect. Hence, Section 2 of the IPC provides:
Declaration of State Policy
. - The State recognizes that an effectiveintellectual and industrial property system is vital to the development of domestic andcreative activity, facilitates transfer of technology, attracts foreign investments, andensures market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property andcreations, particularly when beneficial to the people, for such periods as provided in thisAct.
The use of intellectual property bears a social function. To this end, the State shallpromote the diffusion of knowledge and information for the promotion of nationaldevelopment and progress and the common good.
It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in thePhilippines (
Visitorial Rights Violate Substantive Due Process.
Substantive due process is the protection against arbitrary laws and the guaranty against acts of arbitrariness of government.Hence, in the landmark case of
United States v. Toribio
, G.R. No. L-5060, January 26, 1910:To justify the State in thus interposing its authority in behalf of the public, it must appear,
first, that the interests of the public generally, as distinguished from those of aparticular class, require such interference
; and, second, that the
means arereasonably necessary for the accomplishment of the purpose, and not undulyoppressive upon individuals.
The legislature may not, under the guise of protecting the