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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a domestic pharmaceutical regulatory matter, a general practitioner lawyer, Juanita, accepts representation of a client seeking a patent-eligibility determination for a novel drug formulation and related regulatory filings before the Intellectual Property Office and FDA-like authorities. Juanita has no formal background in patent law or pharmacology. She delegates the drafting of patent-claims charts and regulatory submissions to a junior associate with minimal patent experience and does not retain or consult a registered patent attorney or a regulatory IP specialist in the Philippines. As a result, the filings contain misinterpretations of patentability criteria and mischaracterizations of regulatory requirements, causing delays and potential penalties for the client. (a) Identify the CPRA provisions on the General Duty of Competence (Canon IV, Sec. 1) and the obligation stated in Sec. 2, first sentence. (b) Does Juanita's conduct violate these provisions? Distinguish whether competence requires subject-matter mastery, reasonable preparation, and/or association with competent counsel. (c) What remedial actions or sanctions may apply, and what steps should Juanita take going forward?

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Clara

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