Practice question
A cancellation petition is filed with the Bureau of Legal Affairs before an infringement action. The defendant insists the earlier petition is necessarily a prejudicial question and the infringement case cannot be decided until cancellation is resolved. Which is correct under Section 151.2?
- Every cancellation filing automatically stays infringement
- Only the registrant may decide the sequence
- All infringement cases must be dismissed
- The earlier Bureau petition does not constitute the stated prejudicial question that must be resolved before enforcement may be decided
- The Bureau loses all power immediately upon filing
Legal references
- RA 8293, IP Code, Sections 138, 147-148, 151-159 and 168: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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