Practice question
A cancellation order has been appealed, but the Director General has issued no restraint. The patentee insists the appeal itself suspends execution, while a recorded licensee says no notice was required because only the patentee matters. Which is correct?
- Both positions are invariably correct.
- Both positions conflict with the Code: appeal alone supplies no stay, and recorded license interests fall within Section 63 notice.
- Only the licensee decides whether execution is stayed.
- Every licensee automatically owns the invention after cancellation.
- An appeal eliminates all statutory notice requirements.
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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