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Philippine Bar review · Question

Practice question: Trademark Infringement

Multiple Choice Hard

Practice question

A defendant possesses counterfeit wrappers and molds used to make the imitations. After violation of registered-mark rights is established, it offers simply to remove the brand words and sell the goods normally. Which statutory response is correct?
  1. Counterfeit goods must always be released after word removal
  2. Section 157 addresses delivery and destruction of infringing materials and generally treats simple trademark removal as insufficient for release
  3. The court has no power over molds
  4. Only the defendant decides disposal
  5. Every unrelated product must automatically be destroyed

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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