Commercial Law, 2010 Bar — Question XVI-B

ESSAY

For years, Y has been engaged in the parallel importation of famous brands, including shoes carrying the foreign brand MAGIC. Exclusive distributor X demands that Y cease importation because of his appointment as exclusive distributor of MAGIC shoes in the Philippines. Y counters that the trademark MAGIC is not registered with the Intellectual Property Office as a trademark and therefore no one has the right to prevent its parallel importation. Suppose the shoes are covered by a Philippine patent issued to the brand owner, what would your answer be? Explain.

You can write freely without an account. Sign in to reveal the suggested answer and track your progress.