Practice question
A cancellation dispute involves highly technical chemistry. A party moves for the Section 64 committee, and the Director orders it constituted with the Director as chair and two relevant experts. The patentee says expert committee adjudication is never statutorily allowed. Resolve.
- The Code authorizes that procedure on a party's motion in highly technical cases.
- Only a jury may decide technical patent issues.
- Every cancellation must be decided by the patentee.
- The presence of experts necessarily voids the case.
- Expert committee adjudication is allowed only for service marks.
Legal references
- RA 8293, Intellectual Property Code, Sections 61-66, 121-124, 144-146, 165 and 167: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
- RA 10372, IP Code amendments including appellate jurisdiction: https://lawphil.net/statutes/repacts/ra2013/ra_10372_2013.html
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