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?
- No evidence at all.
- A final judgment against every nonparty.
- A substitute for every statutory requirement.
- Prima facie evidence of the stated registration, ownership and specified exclusive-use rights.
- 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.