This case has been cited 2 times or more.
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2007-10-15 |
YNARES-SATIAGO, J. |
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| Finally, petitioner's contention that respondent is precluded from asserting its claim by laches, if not by prescription, lacks basis. Section 151(b) of R.A. No. 8293 specifically provides that a petition to cancel the registration of a mark which is registered contrary to the provisions thereof, or which is used to misrepresent the source of the goods or services, may be filed at any time. Moreover, laches may not prevail against a specific provision of law, since equity, which has been defined as 'justice outside legality' is applied in the absence of and not against statutory law or rules of procedure.[31] Aside from the specific provisions of R.A. No. 8293, the Paris Convention and the WIPO Joint Recommendation have the force and effect of law, for under Section 2, Article II of the Constitution, the Philippines adopts the generally accepted principles of international law as part of the law of the land. To rule otherwise would be to defeat the equitable consideration that no one other than the owner of the well-known mark shall reap the fruits of an honestly established goodwill. | |||||
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2005-02-16 |
CHICO-NAZARIO, J. |
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| The Court, in the case of Velez, Sr. v. Demetrio,[12] has defined laches as the failure of or neglect for an unreasonable and unexplained length of time to do that which by exercising due diligence, could or should have been done earlier, or to assert a right within reasonable time, warranting a presumption that the party entitled thereto has either abandoned it or declined to assert it. Thus, the doctrine of laches presumes that the party guilty of negligence had the opportunity to do what should have been done, but failed to do so. Conversely, if the said party did not have the occasion to assert the right, then, he can not be adjudged guilty of laches. Laches is not concerned with the mere lapse of time,[13] rather, the party must have been afforded an opportunity to pursue his claim in order that the delay may sufficiently constitute laches. | |||||