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Philippine Bar review · Question

Practice question: Rights and Limitations of Patent Owner

Multiple Choice Hard

Practice question

A medicine was lawfully introduced abroad by the patent owner or a party authorized to use the invention. A private importer invokes amended Section 72.1. The owner argues that the drugs-and-medicines limitation can never concern an authorized overseas introduction. Which is correct?
  1. Only Philippine introductions are ever relevant to medicines.
  2. The amended medicines provision expressly recognizes introduction in the Philippines or anywhere else by the specified authorized actors, with importation available to the stated public or private parties.
  3. Every counterfeit foreign product automatically qualifies.
  4. The provision gives patent ownership to all importers.
  5. All medicines are outside every safety law.

Legal references

  • RA8293, IP Code, Sections28–30,71–76: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
  • RA9502 amendments to IP Code Sections72 and74: https://lawphil.net/statutes/repacts/ra2008/ra_9502_2008.html

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