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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

State the exclusive rights conferred by a Philippine patent owner under RA 8293 and the acts that constitute infringement. Facts: AeroNova Technologies holds a Philippine patent for a novel lightweight ceramic turbine blade used in drones, comprising (i) a product claim to the blade composition and geometry and (ii) a method claim to the manufacturing process, which includes hot-press sintering at 1250°C for 6 hours to yield a grain size below 80 nm. AeroNova has not licensed anyone. SkyWing Systems copies the blade and uses it to assemble drone rotors that are sold in the Philippines. GlobalParts Distributors, Inc., a distributor, imports the blade from SkyWing for sale in the Philippines. Do SkyWing’s and GlobalParts’ acts infringe AeroNova’s patent? Explain with reference to the scope of infringement and any defenses that may apply.

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The defense of experimental use applies to both SkyWing and GlobalParts, excusing infringement. SkyWing’s copying and use infringe both the product and the method claims; GlobalParts’ importation infringes the product claim by bringing in the patented blade; there is no effective defense here. SkyWing’s act infringes the product claim; GlobalParts’ importation infringes the product claim only if the importation constitutes sale of the patented blade in the Philippines. Importation is not an infringing act under RA 8293, so GlobalParts’ importation cannot infringe the patent.

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