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Philippine Bar review · Question

Practice question: Cancellation of Registration

Multiple Choice Hard

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?
  1. Every cancellation filing automatically stays infringement
  2. Only the registrant may decide the sequence
  3. All infringement cases must be dismissed
  4. The earlier Bureau petition does not constitute the stated prejudicial question that must be resolved before enforcement may be decided
  5. 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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