Biography
Divina Ilas-Panganiban is a partner in Quisumbing Torres’ Intellectual Property, Data and Technology Practice Group and co-heads the Technology, Media & Telecommunications (TMT) Industry Group. She participates in initiatives of Baker & McKenzie International of which Quisumbing Torres is a member firm. She is a member of Baker & McKenzie International's Asia Pacific TMT Steering Committee. She currently serves as the Vice-President and Director of the Philippine Chapter of the Licensing Executives Society International, the Chairperson of the Committee on Intellectual Property Rights, The American Chamber of Commerce of the Philippines, and the Chairperson of the Committee on Intellectual Property Rights of the European Chamber of Commerce.
Divina heads the Subcommittee for East Asia and the Pacific of the Unreal Campaign of the International Trademarks Association (INTA) and is a Certified Information Privacy Manager by the International Association of Privacy Professionals (IAPP).
Practice Focus
Divina's practice focuses on the protection of trademarks, copyright, patents and other intellectual property rights. She also assists clients in licensing and IP commercialization transactions, including franchising arrangements. She has advised various clients on regulatory and compliance matters, and has extensive experience in IP litigation cases, domain name disputes, data privacy, data breach and cyber security matters. She is an accredited arbitrator of the Philippine Intellectual Property Office and often serves as resource speaker in local and international seminars on IP and IT laws.
Representative Legal Matters
- Manage the worldwide trademark portfolio of a Philippines-based multinational company and the largest Filipino fast-food corporation. Assist in its brand management, IP protection and enforcement, and IP commercialization activities across the globe.
- Represent a number of clients before the Bureau of Legal Affairs (BLA) of the IPO in opposition cases against the registration of marks, logo or domain name that are confusingly similar to client’s registered and well-known marks, logo or domain name. Successfully convinced the BLA to sustain the oppositions, and refused the registration of the third-party marks, logo or domain name on behalf of clients such as a global food and beverage chain, a global FMCG, one of the world’ s premier biopharmaceutical companies, an international health and beauty retailer as well as a world-renowned Swiss watchmaker.
- Assist the Singapore subsidiary of a global social media and technology company in ensuring full compliance with Philippine data privacy requirements of its various products and service offerings. Review and advise on the consent language and privacy notices prior to roll-out of new products or product updates. Analyze security incidents and advise on the application of personal data breach notification obligations under Philippine regulations which should be met within 72 hours from discovery of the breach.
- Represent an Asian ridesharing company that offers food delivery and digital payments services via mobile app before the National Privacy Commission in complaints filed for alleged violations of the Philippine Data Privacy Act of 2012.
- Assist and advise client, the Franchisor of a unique retail system it owns and develops constantly, which consists of a distinctive combination of building design, interior and exterior accessories, business systems and methods (including unique food and beverage systems), operating standards, advertising and marketing techniques, customer clubs, digital components and applications supporting the implementation of the retail system on the franchising arrangement to ensure compliance with Philippine IP and licensing laws.
- Successfully obtained a landmark ruling from the Supreme Court of the Philippines for a leading barbecue fast food restaurant chain in the Philippines, involving an opposition case against the application for registration of a trademark in the name of a local company, which is confusingly similar to the client's famous mark. Successfully represented a global food and beverage chain in an enforcement action against a franchisor and several franchisees using the client's mark as a name of one of its products.
- Assist a global FMCG in managing its trademark portfolio in the Philippines, including trademark application, registration, and opposition and IP enforcement of its various consumer brands.
- Advise a leading US supplier of industrial gases, specialty gases, and related technologies and services for industry and healthcare on its compliance with Philippine Personal Data Protection Laws. Conducted training to the client's management, HR, IT, and Sales and Marketing team on data privacy and due diligence.
- Assist the Philippine entities of a global technology company on the following: (i) requirements of the Data Privacy Act and Implementing Rules and Regulations on the entities’ appointment of a data protection officer; (ii) review its personal data privacy policy which is viewable by online users in the client’s websites; and (iii) provide round-the-clock assistance during a compliance and onsite check conducted by the National Privacy Commission, and in meeting the requirements of the NPC compliance team .
- Advise a leading global online retailer on the application and requirements of the Data Privacy Act of 2012 to the client’s proposed customer program which will entail the exchange of personal information between the client and banks.
- Assist a US-based car-rental company on legal matters relating to franchising arrangement to ensure compliance with Philippine IP and licensing laws. Handle pre-clearance of the franchising agreement with the Documentation, Information and Technology Transfer Bureau (DITTB) of the Philippine Intellectual Property Office.
Professional Honors
Leading Individual for Intellectual Property, The Legal 500 Asia Pacific, 2017 to 2023
Leading Individual for TMT, The Legal 500 Asia Pacific, 2016 to 2023
Up and Coming Leading Lawyer for Intellectual Property, Chambers Asia Pacific, 2020
Band 4, Leading Lawyer for Intellectual Property, Chambers Asia Pacific, 2021 to 2023
Distinguished Practitioner for Intellectual Property, asialaw Leading Lawyers, 2020 to 2022
IP Expert, Asia IP, 2019 to 2022
Trademark Star, ManagingIP IP Star, 2018 to 2022
Leading Female IP Practitioner, Top 250 Women in IP, ManagingIP, 2020/21
Silver, Leading Individual for Enforcement and Litigation, World Trademark Review 1000, 2020 to 2022
Bronze, Leading Individual for Prosecution and Strategy, World Trademark Review 1000, 2020 to 2022
Recommended Individual, IAM Patent 1000, 2017 to 2021
Highly Recommended Individual, IAM Patent 1000, 2022 to 2023
Winner, Managing IP's The Top 250 Women in IP list 2022
Litigation Star for Intellectual Property, Benchmark Litigation, 2021 to 2022
Winner, Top 100 Women in Litigation for Intellectual Property, Benchmark Litigation, 2021
Winner, ALB Super 50 TMT Lawyers, Asian Legal Business, 2021
Trademark Lawyer of the Year, Women in Business Law Awards, 2021
Data Privacy and Protection Lawyer of the Year, Asian Legal Business Philippine Law Awards, 2021 to 2022
Elite IP Awardee for Excellence in Leading In Teaching and Educating IP, Intellectual Property Office of the Philippines, 2021
Privacy & Data Protection Lawyer of the Year Lawyer of the Year, Euromoney Asia Women in Business Law Awards, 2022
Awardee, Client Choice Awards for Trademark, Lexology, 2022
Global Leader: Private Practice, World Trademark Review, 2022
Awardee, Top 10 Best External Lecturers, Intellectual Property Academy of the Intellectual Property Office of the Philippines, 2022
Professional Associations and Memberships
Integrated Bar of the Philippines
International Bar Association
Licensing Executives Society International - Vice President and Director, Philippines Chapter
ASEAN Intellectual Property Association
Asian Patent Attorneys Association (APAA)
International Trademarks Association (INTA) - Chairperson of the SubCommittee for East Asia & Pacific of the Unreal Campaign Committee
U.P. Women Lawyers Circle
Pi Gamma Mu International Honor Society for Social Sciences
American Chamber of Commerce of the Philippines - Chairperson of the IP Rights Committee
European Chamber of Commerce of the Philippines - Chairperson of the IP Rights Committee
Intellectual Property Association of the Philippines (IPAP)
International Association for the Protection of Intellectual Property (AIPPI)
International Association of Privacy Professionals - Certified Information Privacy Manager (CIPM)
Admissions
Philippines (2001)
Education
Lund University (Master of Laws Intellectual Property and International Human Rights with Distinction) (2003)
University of the Philippines (Bachelor of Laws) (2000)
University of the Philippines (B.A. Public Administration, cum laude) (1995)
Languages
English