law in the Philippines

topic "REPUBLIC ACT NO. 8293 INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES"

Case study:

III. CASE STUDIES Problem 1 A famous French culinary school tried to register its 1895 trade mark LE CORDON BLEU in the Philippines but it was opposed by a local entity which was owned by one of the graduates of the same school The graduate started using the same mark in the Philippines long before the French school tried to register but never applied for trade mark registration. The local entity argued that it was the first to use the mark in the Philippines, thus it should be entitled to register the mark ahead of the French school. Subsequent to filing the opposition, the local entity filed its own trade mark application covering the same mark. Requirement 1: Is the French Culinary School may contest the patent in the Bureau of Legal Affairs of the Intellectual Property Office of the Philippines? Explain your answer. Requirement 2: Should the Intellectual Property Office of the Philippines issue a patent to the local entity? Explain your answer. Requirement 3: What should you do if the French culinary school seek your advice? Reason out based on the law provided in the module