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All Jurisprudence based

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Zenith Innovations holds a Philippine patent for a novel anti-corrosion coating. The patent includes a product claim for the coating itself and a method claim for applying the coating to metal surfaces. Zenith has not licensed anyone. CoproTech reproduces the coating and applies it to steel panels, then sells the coated panels in the Philippines. CoastLine Imports, a distributor, imports the coating from CoproTech for sale in the Philippines. Do CoproTech’s and CoastLine Imports’ acts infringe Zenith Innovations’ patent? Explain with reference to the scope of infringement and any defenses that may apply.

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CoproTech infringes only the method claim; CoastLine Imports does not infringe because importation of a patented product is not an infringement. The exclusive rights conferred by RA 8293 include only the right to exclude others from manufacturing and selling in the Philippines; Importation is not included as an exclusive right. Yes; CoproTech’s reproduction and sale of the coating and its application to panels infringe Zenith’s patent; CoastLine Imports’ importation of the coating for sale in the Philippines also infringe. Neither infringes due to experimental use.

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