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Philippine Bar review · Question

Practice question: Trademark Infringement

Multiple Choice Hard

Practice question

An innocent periodical publisher carried paid infringing advertising. All Section 159.3 conditions apply, including sound ordinary publication practices and no evasion. An injunction against the current issue would delay its customary delivery. What is the statutory limitation?
  1. All future advertisements are immune forever
  2. The publisher must pay unlimited damages solely because it printed an ad
  3. The provision limits relief against the innocent publisher to future presentation and restricts issue-delaying injunctions under its stated conditions
  4. Every advertiser receives the same immunity
  5. No condition concerning innocence matters

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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