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Philippine Bar review · Question

Practice question: Ownership, Registration, and Duration

Multiple Choice Medium Jurisprudence

Practice question

A registrant says its certificate is conclusive and can never be rebutted as to validity or ownership. What does section 138 actually call that evidence?
  1. No evidence at all.
  2. A final judgment against every nonparty.
  3. A substitute for every statutory requirement.
  4. Prima facie evidence of the stated registration, ownership and specified exclusive-use rights.
  5. An automatic patent for every product.

Legal references

  • Intellectual Property Code, RA 8293, sections 122, 138, 145–146 and 159.1, https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
  • Zuneca Pharmaceutical v. Natrapharm, G.R. No. 211850, 8 September 2020, main decision, https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/66500
  • IPOPHL, trademark maintenance guidance, https://www.ipophil.gov.ph/trademark/trademark-maintenance/

Answer this question in flashcards to review your response and continue practicing.