1. The mark "Selecta", as used for ice cream and dairy products, is:
Registrable because it has been invented for the sole purpose of functioning as a Registrable because ademark and have no other meaning than acting as a mark.
2. In ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No. 103543. July 5, 1993, the Supreme Court ruled that The fact that the words pale pilsen are part of ABI's trademark does not constitute an infringement of SMC's trademark xxx. The reason for this is that:
The phrase pale pilse is generic words descriptive of the color of a type of beer.
3. The mark "Cosmopolite", as used for canned tuna, is:
Registrable because it has no relation to the goods or services being sold.
4. Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original. However,
The copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which the copyright relates.
5. Ms. Celina Conti applied for registration of the mark consisting of the logo below:for massage and spa services (Class 42 Miscellaneous Services). The Coca-Cola Company has existing registrations under Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34. Coca-Cola Company will probably oppose the application upon the ground that:
It is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known, which is registered in the Philippines with respect to goods or services which are not similar to those with respect to which registration is applied for.
6. Under the IP Code, the First-to-File Rule has been adopted for copyrightable works, trademarks and patents.
False. Copyright accrues from the moment of creation. .
7. Restituto Bicomong is such a patriotic fellow. When he decided to distribute abroad his uniquely designed buri mats, he came up with a trademark application consisting of the word Banig and the representation of the Philippine Flag, as shown.The application will most likely be denied by IPO even if Resty removed the Philippine Flag because a mark may not be registrable if it:
Consists exclusively of signs that are generic for the goods or services that they seek to identify;
8. In SOCIETE DES PRODUITS NESTLE, S.A. and NESTLE PHILIPPINES, INC., petitioners, vs. COURT OF APPEALS and CFC CORPORATION, respondents. [G.R. No. 112012. April 4, 2001], Societe Des Produits Nestle, S.A., and Nestle Philippines, Inc. opposed CFCs application for trademark FLAVOR MASTER claiming that the said trademark is "confusingly similar to its trademarks for coffee and coffee extracts, to wit: MASTER ROAST and MASTER BLEND." This issue was resolved by the Court by using:
The dominancy test
9. A mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, whether or not it is registered here, as being already the mark of a person has the effect of preventing the registration of a mark that is identical with, or confusingly similar to, or constitutes a translation of the first mark when used for identical or similar goods or services.
True
10. Frederick Perez wrote and published The Secret of Beauty, a book on how to be a successful hairstylist. Frederick Lopez, an aspiring hair cutter, saw the book at National Book Store and bought a copy. He took pains to study the different styles and strokes described by Frederick Perez in his book. Soon, applying the techniques he learned, Frederick Lopez became a much sought-after hairstylist. He always would say that what he is and what he knows, he learned from the book of Frederick Perez. Hearing these words, Frederick Perez felt he has been cheated by Frederick Lopez.
As counsel for Frederick Perez, on whether copyright infringement has been committed, you would advise him:
To relax because no copyright infringement has been committed by Frederick Lopez.
11. The publisher of a book, in addition to the right to publish, shall have a copyright consisting merely of the right of:
reproduction of the typographical arrangement of the published edition of the work
12. Copyright itself does not depend on official procedures. A created work is considered protected by copyright as soon as it exists. According to the Berne Convention for the Protection of Literary and Artistic Works, literary and artistic works are protected without any formalities in the countries party to that Convention.
True. Thus, WIPO does not offer any kind of copyright registration system
13. Joy Personal Products, Inc. manufactures and distributes toothpaste in tubes under the trademark Calgary Fresh. Colgate Palmolive has sought your opinion on whether Joy Personal Products Inc. is committing unfair competition because, among other matters, it is also using plastic tubes in the marketing of its toothpaste products. You advise Colgate that the use of plastic tubes cannot per se be a ground to impute unfair competition because:
As held in ASIA BREWERY, INC. petitioner, vs. THE HON. COURT OF APPEALS and SAN MIGUEL CORPORATION, respondents, SMC's being the first to use the steinie bottle does not give SMC a vested right to use it to the exclusion of everyone else. Being of functional or common use, and not the exclusive invention of any one, it is available to all who might need to use it within the industry. Nobody can acquire any exclusive right to market articles supplying simple human needs in containers or wrappers of the general form, size and character commonly and immediately used in marketing such articles xxx
14. In the Ongpin Memorandum, cited by the Supreme Court in Mirpuri v CA, the Minister of Trade and Industry did enumerated well-known trademarks and also laid down guidelines for the Director of Patents to observe in determining whether a trademark is entitled to protection as a well-known mark in the Philippines under Article 6bis of the Paris Convention.
False
15. The then Ministry of Trade on November 20, 1980 issued a memorandum addressed to the Director of the Patents Office directing the latter
". . . reject all pending applications for Philippine registration of signature and other world famous trademarks by applicants other than its original owners or users.
"The conflicting claims over internationally known trademarks involve such name brands as Lacoste, Jordache, Gloria Vanderbilt, Sasson, Fila, Pierre Cardin, Gucci, Christian Dior, Oscar de la Renta, Calvin Klein, Givenchy, Ralph Lauren, Geoffrey Beene, Lanvin and Ted Lapidus.
"It is further directed that, in cases where warranted, Philippine registrants of such trademarks should be asked to surrender their certificates of registration, if any, to avoid suits for damages and other legal action by the trademarks' foreign or local owners or original users."
This administrative issuance was made pursuant to
Paris Convention
16. Jessie holds a copyright registration for a Utility Model, Leaf Spring Eye Bushing for Automobile made up of plastic. It is described as
A and B
17. In EMERALD GARMENT MANUFACTURING CORPORATION vs. COURT OF APPEALS, G.R. No. 100098. December 29, 1995, the holistic approach was used by the Court to determine confusing similarity between the competing trademarks, thereby holding that LEE was not confusingly similar with STYLISTIC MR. LEE. The holistic approach meant, essentially
In determining whether the trademarks are confusingly similar, a comparison of the words is not the only determinant factor. The trademarks in their entirety as they appear in their respective labels or hang tags must also be considered in relation to the goods to which they are attached. The discerning eye of the observer must focus not only on the predominant words but also on the other features appearing in both labels in order that he may draw his conclusion whether one is confusingly similar to the other.
18. The Dominancy Test, applied in determining confusing similarity in trademarks, means:
If the competing trademark contains the main or essential or dominant features of another, and confusion and deception is likely to result, infringement takes place. Duplication or imitation is not necessary; nor is it necessary that the infringing label should suggest an effort to imitate.
19. Section 123.3. of the IP Code provides that The nature of the goods to which the mark is applied will not constitute an obstacle to registration. (Sec. 4, R. A. No. 166a). This provision means that:
For purposes of registration, what the IPO examines is not the product or service to which a mark is to be applied, but the mark itself.
20. The word "Diamond" and logo, as used for jewellery items made of cubic zirconium is:
Not registrable because it is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services.
21. In Habana versus Robles, G.R. No. 131522. July 19, 1999, technical considerations and similarity in the background and training of the contending authors were rejected by the Supreme Court as sufficient explanation or justification for the similarities in the two works.
This case is authority for the proposition that:
If so much is taken that the value of the original work is substantially diminished, there is an infringement of copyright and to an injurious extent, the work is appropriated.
22. In Mirpuri v CA, the government official who implemented the provisions of Article 6bis of the Paris Convention was who himself made an official determination that the marks he identified were well-known.
*The following answers are acceptable:* Villafuerte villafuerte Luis Villafuerte luis villafuerte Luis Villafuerte Sr. luis villafuerte sr
23. A certificate of registration shall remain in force for years: Provided, That the registrant shall file a declaration of actual use and evidence to that effect, or shall show valid reasons based on the existence of obstacles to such use within one (1) year from the fifth anniversary of the date of the registration of the mark. Otherwise, the mark shall be removed from the Register by the Office.
10 or ten
24. The following are samples of descriptive marks:
Thin Crust for pizza 100% WOOL for jackets
25. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF APPEALS, SUNSHINE HOME VIDEO, INC. and DANILO A. PELINDARIO, respondents., [G.R. No. 110318. August 28, 1996.], the thrust of the ruling is to the effect that The essence of a copyright infringement is the similarity or at least substantial similarity of the purported pirated works to the copyrighted work. Hence, the applicant must present to the court the copyrighted films to compare them with the purchased evidence of the video tapes allegedly pirated to determine whether the latter is an unauthorized reproduction of the former. This linkage of the copyrighted films to the pirated films must be established to satisfy the requirements of probable cause. Mere allegations as to the existence of the copyrighted films cannot serve as basis for the issuance of a search warrant.
False. It is true that such master tapes are object evidence, with the merit that in this class of evidence the ascertainment of the controverted fact is made through demonstrations involving the direct use of the senses of the presiding magistrate. Such auxiliary procedure, however, does not rule out the use of testimonial or documentary evidence, depositions, admissions or other classes of evidence tending to prove the factum probandum.
26. Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation. Which among the following properties does not belong?
Leah Salonga's rendition of "Can We Just Stop and Talk a While?"
27. In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL MERCHANDISING and COMPANY, and ANG TIAM CRAY, G.R. No. 115758. March 19, 2002, petitioner who had copyright over Chin Chun Su and Oval Facial Cream Container/Case (Certificates of Copyright Registration No. 0-1358 and No. 0-3678) and patent rights on Chin Chun Su & Device and Chin Chun Su for medicated cream (Registration Certificate No. 4529 under the Supplemental Register of the Philippine Patent Office) failed to secure an injunction against persons who advertised and sold petitioner's cream products under the brand name Chin Chun Su, in similar containers that petitioner uses.
The reason for the failure of Khos case was:
Trademark rights are acquired through registration.
28. The recordal system of registration in the Copyright Office is different from the Trademark system of registration in that
None of the above
29. In AMIGO MANUFACTURING, Inc., petitioner, vs. CLUETT PEABODY CO., INC., respondent, the findings of the then Bureau of Patents that GOLD TOP was confusingly and deceptively similar to GOLD TOE was sustained by Supreme Court by invoking:
None of the above.
30. A trademark application which consists of the word Mike and the design below has been filed for clothing and shoes. The application will most likely be rejected because it:
None of the above.
31. Any visible sign capable of distinguishing goods or services (service mark) of an enterprise and shall include a stamped or marked container of goods would be a:
Trademark
32. In PEARL & DEAN (PHIL.), INC., vs. SHOEMART, INCORPORATED, G.R. No. 148222. August 15, 2003, the Supreme Court quoted the US case of Baker vs. Selden: xxx A treatise on the composition and use of medicines, be they old or new; on the construction and use of ploughs or watches or churns; or on the mixture and application of colors for painting or dyeing; or on the mode of drawing lines to produce the effect of perspective, would be the subject of copyright; but no one would contend that the copyright of the treatise would give the exclusive right to the art or manufacture described therein. xxx
This means that:
Preparing Roast Pig a la Marketmanila (http://www.marketmanila.com/) as described in his blog site (http://www.marketmanila.com/) does not violate copyright.
33. In the case of ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No. 103543. July 5, 1993, it was also held that The petitioner's contention that bottle size, shape and color may not be the exclusive property of any one beer manufacturer is well taken (Emphasis supplied). The reason is that, at least in the said case,
Being of functional or common use, and not the exclusive invention of any one, it is available to all who might need to use it within the industry.
34. Copyrightable works are protected
From the moment of creation
35. A trademark application which consists of the words See Me, Feel Me and the picture shown has been filed for Intimate Apparel.The application will most likely be rejected because it:
Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute
36. When may a mark that is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known in Section 123.1, par. e, which is registered in the Philippines, be registrable?
Never registrable
37. Collections of literary, scholarly or artistic works, and compilations of data and other materials may be considered as new works if they are original by reason of the * of their contents. Choose ALL correct responses.
selection and coordination
38. Article 6bis of the Paris Convention provides: (1) The countries of the Union undertake, either administratively if their legislation so permits, or at the request of an interested party, to refuse or to cancel the registration and to prohibit the use, of a trademark which constitutes a reproduction, an imitation, or a translation, liable to create confusion, of a mark considered by the competent authority of the country of registration or use to be well-known in that country as being already the mark of a person entitled to the benefits of this Convention and used for identical or similar goods.
The objective of this provision is
To protect well-known marks
39. In Ang versus Teodoro, G.R. No. 48226. December 14, 1942, petitioner made a frontal sledge-hammer attack on the validity of respondent's trade- mark "Ang Tibay" by contending that the phrase "Ang Tibay" as employed by the respondent on the articles manufactured by him is a descriptive term because, "freely translated in English," it means "strong, durable lasting." She argued that words or devices which relate only to the name, quality, or description of the merchandise cannot be the subject of a trade-mark.
This argument was sustained by the Court, further holding that n inquiry into the etymology and meaning of the Tagalog words "Ang Tibay," shows that the phrase is never used adjectively to define or describe an object.
40. In Masso Hermanos, S.A. vs. Director of Patents, 94 Phil. 136, 139 (1953), it was held that a dealer in shoes cannot register "Leather Shoes" as his trademark because that would be merely descriptive and it would be unjust to deprive other dealers in leather shoes of the right to use the same words with reference to their merchandise. No one may appropriate generic or descriptive words. They belong to the public domain (Ong Ai Gui vs. Director of Patents, 96 Phil. 673, 676 [1955]). If Daisy Fuentes applied for a trademark registration for the mark Daisy Fuentes Ketchup, for tomato ketchup, the application will most likely be granted because:
It consists of her name and she presumably has consented to the use thereof.
41. Suggestive marks suggest a quality or characteristic of the goods and services. The following are samples of suggestive marks:
Suprasilk for intimate wear Microsoft for software programs Master Roast for coffee
42. In Abercrombie & Fitch Co. v. Hunting World, Inc., a classification scheme was adopted by the court to determine the extent of protection a word mark would be afforded. This trademark strength spectrum has been recognized in the Philippines. In determining the level of protection a word mark was afforded, the court considered the source-identifying quality of the word. The court held that fanciful, arbitrary and suggestive terms are inherently capable of source-identification and were thus protected immediately upon use. Descriptive words alone, upon the other hand, were not independently capable of identifying the source of goods and were thus not afforded immediate protection.
None of the above
43. Ms. Celina Conti applied for registration of the mark consisting of the logo below:for massage and spa services (Class 42 Miscellaneous Services). The Coca-Cola Company has existing registrations under Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34. The application will most likely be denied because:
None of the above
44. What is a Trademark?
Any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods.
45. A mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, whether or not it is registered here, as being already the mark of a person has the effect of preventing the registration of a mark that is identical with, or confusingly similar to, or constitutes a translation of the first mark:
when used for identical or similar goods or services.
46. The Convention of Paris for the Protection of Industrial Property, otherwise known as the Paris Convention, is a multilateral treaty that seeks to protect industrial property consisting of patents, utility models, industrial designs, trademarks, service marks, trade names and indications of source or appellations of origin, and at the same time aims to repress unfair competition. This is achieved by:
According to citizens of the other member countries trademark and other rights comparable to those accorded their own citizens by their domestic laws.
47. While visiting Makati City in July, 2006, Anthony Pascual was able to visit the Ayala Museum and view the original paintings of such an up and coming painter, Roy Fernando. Anthony happened to carry with him his Nikon D2xs SLR digital camera with him. He was able to take great photographs of the paintings. Back home in Naga City, Anthony decided to print his photographs on T-shirts and peddle them outside the Penafrancia Shrine during the Fiesta last September. If you were consulted by Roy Fernando, who was your best friend from high school, you would recommend filing a copyright infringement complaint against Anthony on the basis of:
a and b
48. How may the rights in a mark be acquired ?
Trademark rights are acquired through registration.
49. Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he bequeathed his Memoirs, consisting of one thousand hand-written pages, recounting his adventures of a lifetime to his mistress, Lolita. However, during his heyday, he entered into a Publication Agreement with Garbage Publications whereby, during his lifetime and ten years after his death, he assigned all his rights to his Memoirs to the latter. Lolita decided to sell the manuscript to a secret collector for US$10,000,000.00 in a much-publicized transaction. Ramon, an estranged son of Senor Lauro, heard about it. He wrote Lolita a demand letter asking for half of the gross proceeds of the sale. Lolita approached you for advice.
Ramon is entitled to 5% of the gross proceeds as an heir.
50. The term of protection for Broadcasts is:
Twenty (20) years from the date they took place.
1. In the case of work created by an employee during and in the course of his employment, ownership of copyright shall be determined based on: (1 point)
Whether or not the creation of the object of copyright is part of his regular duties.
2. Under the new IP Code, "patent" refers to the title granted to protect an invention defined as any technical solution of a problem in any field of human activity which involves inventive step and is industrially applicable. (1 point)
False
3. Patents to protect inventions; and industrial designs, which are aesthetic creations determining the appearance of industrial products, as well as trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications, and protection against unfair competition fall under: (1 point)
Industrial property
4. A trademark application which consists of the words See Me, Feel Me and the picture shown has been filed for Intimate Apparel.The application will most likely be rejected because it: (1 point)
Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
5. Restituto Bicomong is such a patriotic fellow. When he decided to distribute abroad his uniquely designed buri mats, he came up with a trademark application consisting of the word Banig and the representation of the Philippine Flag, as shown.The application will most likely be denied by IPO even if Resty removed the Philippine Flag because a mark may not be registrable if it: (1 point)
Consists exclusively of signs that are generic for the goods or services that they seek to identify;
6. What is a well-known mark? (1 point)
A mark that is declared as such by a judge based on certain given criteria.
7. The First to File Rule simply means that: (1 point)
If there are two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date.
8. The Convention of Paris for the Protection of Industrial Property, otherwise known as the Paris Convention, is a multilateral treaty that seeks to protect industrial property consisting of patents, utility models, industrial designs, trademarks, service marks, trade names and indications of source or appellations of origin, and at the same time aims to repress unfair competition. This is achieved by: (1 point)
According to citizens of the other member countries trademark and other rights comparable to those accorded their own citizens by their domestic laws.
9. HOW MAY AN AFFIDAVIT EVIDENCE HELP A COPYRIGHT OWNER IN AN ACTION FOR INFRINGEMENT? (1 point)
None of the above.
10. An interested person may petition to cancel a patent or any claim thereof, or parts of the claim, on any of the following grounds, EXCEPT: (1 point)
The application did not comply with the requirement of unity of invention.
11. Moral rights pertain to (1 point)
Attribution and integrity
12. A patent application, which been published, and all related documents, shall not be made available for inspection without the consent of the applicant. (1 point)
False
13. The term of protection for works of applied art is: (1 point)
Twenty-five (25) years from the date of making.
14. Considering that dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works are protected as a new works, the consent of the author or creator of these underlying works need no longer be secured. (1 point)
False
15. A trademark application which consists of the word Mike and the design below has been filed for clothing and shoes. The application will most likely be rejected because it: (1 point)
None of the above.
16. While visiting Makati City in July, 2006, Anthony Pascual was able to visit the Ayala Museum and view the original paintings of such an up and coming painter, Roy Fernando. Anthony happened to carry with him his Nikon D2xs SLR digital camera with him. He was able to take great photographs of the paintings. Back home in Naga City, Anthony decided to print his photographs on T-shirts and peddle them outside the Penafrancia Shrine during the Fiesta last September. If you were consulted by Roy Fernando, who was your best friend from high school, you would recommend filing a copyright infringement complaint against Anthony on the basis of: (1 point)
(a) and (b)
17. By originality is meant that the material was not copied, and evidences at least minimal creativity; that it was independently created by the author and that it possesses at least same minimal degree of creativity. Originality is a requirement of (1 point)
Copyright protection
18. In Mirpuri v CA, the government official who implemented the provisions of Article 6bis of the Paris Convention was who himself made an official determination that the marks he identified were well-known. (1 point)
Villafuerte
19. Ms. Celina Conti applied for registration of the mark consisting of the logo below:for massage and spa services (Class 42 Miscellaneous Services). The Coca-Cola Company has existing registrations under Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34. The application will most likely be denied because: (1 point)
None of the above.
20. What is a Trademark? (1 point)
Any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods.
21. When I turn 64, I plan on inviting all my of my friends from six decades to a giant party where food and wine will flow as never before. There will be dancing, games and merry-making. It will be a night never to be forgotten. Before the evening shall end, I plan to distribute my autobiography, a book bound in soft calf leather with gold-edged pages, entitled "It's My Life, Idiot!" If you are brilliant, you will open the book and you will find that NOT A WORD IS WRITTEN ON ANY OF THE PAGES. (It's my life, idiot!) As an IP student, what do you ask yourself: "Is this guy crazy?" or "Is he saying his life is empty?" or "Is his autobiography protected by copyright?" What is your best answer to your last question? (1 point)
No, because while he has and is living his life, his story has yet to be told.
22. Suggestive marks suggest a quality or characteristic of the goods and services. The following are samples of suggestive marks: (1 point)
Master Roast for coffee
Microsoft for software programs Suprasilk for intimate wear
23. In Abercrombie & Fitch Co. v. Hunting World, Inc., a classification scheme was adopted by the court to determine the extent of protection a word mark would be afforded. This trademark strength spectrum has been recognized in the Philippines. In determining the level of protection a word mark was afforded, the court considered the source-identifying quality of the word. The court held that fanciful, arbitrary and suggestive terms are inherently capable of source-identification and were thus protected immediately upon use. Descriptive words alone, upon the other hand, were not independently capable of identifying the source of goods and were thus not afforded immediate protection. (1 point)
None of the above.
24. Levin Okoda, principal architect of Manresa and Associates, was engaged by San Miguel Industries to prepare the architectural plans of the latters proposed home office in Ortigas Center. Roben Ysmael, CEO of San Miguel, liked the plans so much and, without batting an eyelash, paid the professional fees being collected by Okoda of Manresa. Subsequently, Roben engaged the services of his cum padre, Regis Legum, who owns a competing architectural firm, for the construction of the building based on the plans. When Okoda learned about this development, he called Roben to offer his services to undertake the construction. Roben refused. Okoda now consults you and asks what he can do in the premises. Your advice shall be: (1 point)
Advise Okoda that he has the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original.
25. Jessie holds a copyright registration for a Utility Model, Leaf Spring Eye Bushing for Automobile made up of plastic. It is described as
comprising a generally cylindrical body having a co-axial bore that is centrally located and provided with a perpendicular flange on one of its ends and a cylindrical metal jacket surrounding the peripheral walls of said body, with the bushing made of plastic that is either polyvinyl chloride or polypropylene.[31] Likewise, the Vehicle Bearing Cushion is illustrated as a bearing cushion comprising a generally semi-circular body having a central hole to secure a conventional bearing and a plurality of ridges provided therefore, with said cushion bearing being made of the same plastic materials.
A and B
26. Copyright shall consist of the exclusive right to carry out, authorize or prevent public performance of a work. However, the recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society, will not constitute infringement. (1 point)
Copyright allows some monopoly subject to some limitations provided by law.
27. A utility model registration shall expire, without any possibility of renewal, at the end of the year after the date of the filing of the application. (1 point)
7
28. Notwithstanding the provisions of Subsection 177.1, any library or archive whose activities are not for profit may, without the authorization of the author or copyright owner, make a ___________ number of copies of the work, as may be necessary for such institutions to fulfill their mandate, by reprographic reproduction: (1 point)
limited
29. In Ang versus Teodoro, G.R. No. 48226. December 14, 1942, petitioner made a frontal sledge-hammer attack on the validity of respondent's trade- mark "Ang Tibay" by contending that the phrase "Ang Tibay" as employed by the respondent on the articles manufactured by him is a descriptive term because, "freely translated in English," it means "strong, durable lasting." She argued that words or devices which relate only to the name, quality, or description of the merchandise cannot be the subject of a trade-mark.
(1 point)
This argument was sustained by the Court, further holding that n inquiry into the etymology and meaning of the Tagalog words "Ang Tibay," shows that the phrase is never used adjectively to define or describe an object.
30. Yvonne is the school director/adviser of the San Beda College High School drama club. The play she selected for the celebration of the School Foundation Day was a not-so-known play which she thought would showcase the talent of her young actors and actresses. Unfortunately, the writer of the play who happened to be Yvonnes suitor whom Yvonne rejected ten years ago was unwilling to grant a license to the play for high school productions. Yvonnes best argument for avoiding liability for copyright infringement on the part of San Beda College if she decided to go ahead and use the material from the play, WITHOUT THE WRITERS CONSENT, is: (1 point)
The public performance of a work, in a place where no admission fee is charged, by an institution for educational purpose only, whose aim is not profit making does not constitute copyright infringement;
31. In PEARL & DEAN (PHIL.), INC., vs. SHOEMART, INCORPORATED, G.R. No. 148222. August 15, 2003, the Supreme Court quoted the US case of Baker vs. Selden: xxx A treatise on the composition and use of medicines, be they old or new; on the construction and use of ploughs or watches or churns; or on the mixture and application of colors for painting or dyeing; or on the mode of drawing lines to produce the effect of perspective, would be the subject of copyright; but no one would contend that the copyright of the treatise would give the exclusive right to the art or manufacture described therein. xxx
This means that: (1 point)
Preparing Roast Pig a la Marketmanila (http://www.marketmanila.com/) as described in his blog site (http://www.marketmanila.com/) does not violate copyright.
32. Article 6bis of the Paris Convention provides: (1) The countries of the Union undertake, either administratively if their legislation so permits, or at the request of an interested party, to refuse or to cancel the registration and to prohibit the use, of a trademark which constitutes a reproduction, an imitation, or a translation, liable to create confusion, of a mark considered by the competent authority of the country of registration or use to be well-known in that country as being already the mark of a person entitled to the benefits of this Convention and used for identical or similar goods.
The objective of this provision is (1 point)
To protect well-known marks.
33. The term of protection for audio-visual works including those produced by process analogous to photography or any process for making audio-visual recordings is: (1 point)
Fifty (50) years from date of publication and, if unpublished, from the date of making.
34. A technical solution of a problem in any field of human activity, to be patentable, must be, among other traits: (1 point)
novel
35. Copyright itself does not depend on official procedures. A created work is considered protected by copyright as soon as it exists. According to the Berne Convention for the Protection of Literary and Artistic Works, literary and artistic works are protected without any formalities in the countries party to that Convention. (1 point)
True. Thus, WIPO does not offer any kind of copyright registration system.
36. In Masso Hermanos, S.A. vs. Director of Patents, 94 Phil. 136, 139 (1953), it was held that a dealer in shoes cannot register "Leather Shoes" as his trademark because that would be merely descriptive and it would be unjust to deprive other dealers in leather shoes of the right to use the same words with reference to their merchandise. No one may appropriate generic or descriptive words. They belong to the public domain (Ong Ai Gui vs. Director of Patents, 96 Phil. 673, 676 [1955]). If Daisy Fuentes applied for a trademark registration for the mark Daisy Fuentes Ketchup, for tomato ketchup, the application will most likely be granted because: (1 point)
It consists of her name and she presumably has consented to the use thereof.
37. According to WIPO, Intellectual property is usually divided into two branches. Choose ALL <<<<<<<<<<<<s. (1 point)
Industrial property Copyright and related rights
38. Which does not belong? The following shall be excluded from patent protection: (1 point)
Laparoscopic machine for cholecystectomy.
39. A mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, whether or not it is registered here, as being already the mark of a person has the effect of preventing the registration of a mark that is identical with, or confusingly similar to, or constitutes a translation of the first mark when used for identical or similar goods or services. (1 point)
False
40. The mark "Selecta", as used for ice cream and dairy products, is: (1 point)
Registrable because it has been invented for the sole purpose of functioning as a trRegistrable because trademark and have no other meaning than acting as a mark.
41. Any technical solution of a problem in any field of human activity which is new and industrially applicable and which may be, or may relate to, a useful machine, an implement or tool, a product or composition or an improvement of any of the foregoing, would be a: (1 point)
Invention
42. The term of protection for performances not incorporated in recordings is: (1 point)
Fifty (50) years from the end of the year in which they took place.
43. As held in SMITH KLINE BECKMAN CORPORATION, petitioner, vs. THE HONORABLE COURT OF APPEALS and TRYCO PHARMA CORPORATION, respondents, When the language of its claims is clear and distinct, the patentee is bound thereby and may not claim anything beyond them. And so are the courts bound which may not add to or detract from the claims matters not expressed or necessarily implied, nor may they enlarge the patent beyond the scope of that which the inventor claimed and the patent office allowed, even if the patentee may have been entitled to something more than the words it had chosen would include.
The extent of protection conferred by the patent shall be determined by the claims, which are to be interpreted in the light of the description and drawings.
44. Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he bequeathed his Memoirs, consisting of one thousand hand-written pages, recounting his adventures of a lifetime to his mistress, Lolita. However, during his heyday, he entered into a Publication Agreement with Garbage Publications whereby, during his lifetime and ten years after his death, he assigned all his rights to his Memoirs to the latter. Lolita decided to sell the manuscript to a secret collector for US$10,000,000.00 in a much-publicized transaction. Ramon, an estranged son of Senor Lauro, heard about it. He wrote Lolita a demand letter asking for half of the gross proceeds of the sale. Lolita approached you for advice. (1 point)
Ramon is entitled to 5% of the gross proceeds as an heir.
45. A patent application for a drug, Buntigon, that cures AIDS, filed by Felix Pormento, a neo-scientist, has been granted a filing date of July 5, 2007. It was published on February 20, 2010. It was subsequently granted, after substantive examination, a patent. Said grant was published in the IPO Gazette on July 5, 2013. Pormento learned that Ramon Claveria made, produced, offered for sale and sold a drug similar to Buntigon in or about November 2010. As of October 23, 2013, (1 point)
Pormento can file a patent infringement case because the infringing acts occurred in November, 2010.
46. In the case of ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No. 103543. July 5, 1993, it was also held that The petitioner's contention that bottle size, shape and color may not be the exclusive property of any one beer manufacturer is well taken (Emphasis supplied). The reason is that, at least in the said case, (1 point)
Being of functional or common use, and not the exclusive invention of any one, it is available to all who might need to use it within the industry.
47. For an invention to be new, it must not be part of prior art. However, the disclosure of information by the inventor contained in an application during the twelve (12) months preceding the filing date or the priority date of the application shall not be considered prior art. This is referred to as (1 point)
Non-prejudicial disclosure.
48. In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL MERCHANDISING and COMPANY, and ANG TIAM CRAY, G.R. No. 115758. March 19, 2002, petitioner who had copyright over Chin Chun Su and Oval Facial Cream Container/Case (Certificates of Copyright Registration No. 0-1358 and No. 0-3678) and patent rights on Chin Chun Su & Device and Chin Chun Su for medicated cream (Registration Certificate No. 4529 under the Supplemental Register of the Philippine Patent Office) failed to secure an injunction against persons who advertised and sold petitioner's cream products under the brand name Chin Chun Su, in similar containers that petitioner uses.
The reason for the failure of Khos case was: (1 point)
Trademark rights are acquired through registration.
49. In 1841, Thomas Babington MacCaulay, in a speech delivered on the floor of the House of Commons, declared:
"It is good that authors should be remunerated; and the least exceptionable way of remunerating them is by a monopoly. Yet monopoly is an evil. For the sake of the good we must submit to the evil; but the evil ought not to last a day longer than is necessary for the purpose of securing the good." (1 point)
MacCaulay is justifying the grant of monopoly to authors.
50. Copyrightable works are protected (1 point)
from the moment of creation
1. In Habana versus Robles, G.R. No. 131522. July 19, 1999, technical considerations and similarity in the background and training of the contending authors were rejected by the Supreme Court as sufficient explanation or justification for the similarities in the two works.
This case is authority for the proposition that:
If so much is taken that the value of the original work is substantially diminished, there is an infringement of copyright and to an injurious extent, the work is appropriated
2. In ABS-CBN BROADCASTING CORPORATION, Petitioner, versus PHILIPPINE MULTI-MEDIA SYSTEM, INC., et al., Respondents., G.R. No. 175769-70, 2009 Jan 19, 3rd Division, it was held that Copyright is not absolute. It means that:
Intellectual property protection is merely a means towards the end of making society benefit from the creation of its men and women of talent and genius. This is the essence of intellectual property laws, and it explains why certain products of ingenuity that are concealed from the public are outside the pale of protection afforded by the law
3. Under the IP Code, the First-to-File Rule has been adopted for copyrightable works, trademarks and patents.
False. Copyright accrues from the moment of creation.
4. Probable cause has been uniformly defined as such facts and circumstances which would lead a reasonable, discreet and prudent man to believe that an offense has been committed, and that the objects sought in connection with the offense are in the place sought to be searched.
Under prevailing jurisprudence, the determination of probable cause
Must adhere to the requirement that "no less than personal knowledge by the complainant or his witnesses of the facts upon which the issuance of a search warrant may be justified" in order to convince the judge, not the individual making the affidavit and seeking the issuance of the warrant, of the existence of a probable cause.
5. The term of protection for performances not incorporated in recordings is:
Twenty (20) years from the date they took place.
6. Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he bequeathed his Memoirs, consisting of one thousand hand-written pages, recounting his adventures of a lifetime to his mistress, Lolita. However, during his heyday, he entered into a Publication Agreement with Garbage Publications whereby, during his lifetime and ten years after his death, he assigned all his rights to his Memoirs to the latter. After Senor Lauro was buried, Lolita hired you as counsel and sought your legal advice on the feasibility of demanding from Garbage Publications the royalties owing to Senor Lauro, since Lolita is now the owner of the Memoirs. You will advise Lolita that:
She has no legal right to collect because the mere ownership of the Memoirs does not mean that she owns the copyright to the Memoirs
7. Pia Bautista, as the vocalist of a band, plans to perform five original songs composed by Alex Pormento during a concert at the UP Theater for the benefit of the Philippine Red Cross. These songs were never recorded, publicly played or performed before by anyone, anywhere. What should Pia do to ensure that she commits no copyright violation?
None of the above
8. Brilliante Verzosa megged a movie that was awarded by the Independent Directors Guild of the Philippines as "Best Picture of the Year". However, the MTRCB gave it a rating of X, meaning, not fit for public exhibition due to "Violence, Foul language and Nudity." Hence, it was never shown in the theaters. When this was reported in social media, a lot of interest for the movie was generated. Everybody wanted to see it and was asking where it could be watched. Others were looking for copies. Dimitri, a close buddy of Brilliante, had a preview copy of the movie. He saw the opportunity to make money from the unusual demand for the film. He uploaded it in his personal website and charged P200 for every download. When he became aware of what Dimitri has done, Brilliante asked him to stop, alleging copyright infringement. Dimitri refused, arguing that government, through the MTRCB, has refused protection to the movie because it is immoral and illegal. What is your BEST advise to Brilliante?
The movie is protected irrespective of its content.
9. Copyright, in the strict sense of the term, is purely a statutory right. It is a new or independent right granted by the statute, and not simply a pre-existing right regulated by the statute. Being a statutory grant, the rights are only such as the statute confers, and may be obtained and enjoyed only with respect to the subjects and by the persons, and on terms and conditions specified in the statute.
Since . . . copyright in published works is purely a statutory creation, a copyright may be obtained only for a work falling within the statutory enumeration or description.
The foregoing was cited by the Supreme Court in Joaquin versus Drilon, G.R. No. 108946. January 28, 1999, to arrive at the conclusion that the format or mechanics of a television show is not included in the list of protected works xxx. The legal basis is
Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any idea, procedure, system method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof.
10. HOW MAY AN AFFIDAVIT EVIDENCE HELP A COPYRIGHT OWNER IN AN ACTION FOR INFRINGEMENT?
None of the above
11. In FILIPINO SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, INC., plaintiff-appellant, vs. BENJAMIN TAN, defendant-appellee. In G.R. No. L-36402. March 16, 1987.], it was held that "If the rights under the copyright are infringed only by a performance where money is taken at the door, they are very imperfectly protected. Performances not different in kind from those of the defendants could be given that might compete with and even destroy the success of the monopoly that the law intends the plaintiffs to have. It is enough to say that there is no need to construe the statute so narrowly. The defendants' performances are not eleemosynary. Xxx Eleemosynary means:
Simply charitable
12. A copyright certificate is a prima facie evidence of originality. This means that:
A copyright certificate provides prima facie evidence of originality which is one element of copyright validity.
13. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF APPEALS, SUNSHINE HOME VIDEO, INC. and DANILO A. PELINDARIO, respondents., [G.R. No. 110318. August 28, 1996.], the thrust of the ruling is to the effect that The essence of a copyright infringement is the similarity or at least substantial similarity of the purported pirated works to the copyrighted work. Hence, the applicant must present to the court the copyrighted films to compare them with the purchased evidence of the video tapes allegedly pirated to determine whether the latter is an unauthorized reproduction of the former. This linkage of the copyrighted films to the pirated films must be established to satisfy the requirements of probable cause. Mere allegations as to the existence of the copyrighted films cannot serve as basis for the issuance of a search warrant.
False. It is true that such master tapes are object evidence, with the merit that in this class of evidence the ascertainment of the controverted fact is made through demonstrations involving the direct use of the senses of the presiding magistrate. Such auxiliary procedure, however, does not rule out the use of testimonial or documentary evidence, depositions, admissions or other classes of evidence tending to prove the factum probandum.
14. The objective of the WIPO Internet Treaties is to protect the environment.
None of the above
15. Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he bequeathed his Memoirs, consisting of one thousand hand-written pages, recounting his adventures of a lifetime to his mistress, Lolita. However, during his heyday, he entered into a Publication Agreement with Garbage Publications whereby, during his lifetime and ten years after his death, he assigned all his rights to his Memoirs to the latter. Lolita decided to sell the manuscript to a secret collector for US$10,000,000.00 in a much-publicized transaction. Ramon, an estranged son of Senor Lauro, heard about it. He wrote Lolita a demand letter asking for half of the gross proceeds of the sale. Lolita approached you for advice.
Ramon is entitled to 5% of the gross proceeds as an heir.
16. Notwithstanding the provisions of Subsection 177.1, any library or archive whose activities are not for profit may, without the authorization of the author or copyright owner, make a ___________ number of copies of the work, as may be necessary for such institutions to fulfill their mandate, by reprographic reproduction:
limited
17. The term of protection for sound or image and sound recordings and for performances incorporated therein is:
Fifty (50) years from the end of the year in which they took place.
18. Jose Poloyapoy sold to Kislap Publishing (Kislap) a manuscript containing his adventures in scaling the heights of Mt. Everest. Kislap then published his manuscript claiming that it has acquired the copyright in and to Joses written adventure stories. Kislaps contention is wrong because:
A transfer or assignment of the sole copy or of one or several copies of a work does not imply transfer or assignment of the copyright
19. Frederick Perez wrote and published The Secret of Beauty, a book on how to be a successful hairstylist. Frederick Lopez, an aspiring hair cutter, saw the book at National Book Store and bought a copy. He took pains to study the different styles and strokes described by Frederick Perez in his book. Soon, applying the techniques he learned, Frederick Lopez became a much sought-after hairstylist. He always would say that what he is and what he knows, he learned from the book of Frederick Perez. Hearing these words, Frederick Perez felt he has been cheated by Frederick Lopez.
As counsel for Frederick Perez, on whether copyright infringement has been committed, you would advise him:
To relax because no copyright infringement has been committed by Frederick Lopez.
20. In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL MERCHANDISING and COMPANY, and ANG TIAM CRAY, G.R. No. 115758. March 19, 2002, petitioner who had copyright over Chin Chun Su and Oval Facial Cream Container/Case (Certificates of Copyright Registration No. 0-1358 and No. 0-3678) and patent rights on Chin Chun Su & Device and Chin Chun Su for medicated cream (Registration Certificate No. 4529 under the Supplemental Register of the Philippine Patent Office) failed to secure an injunction against persons who advertised and sold petitioner's cream products under the brand name Chin Chun Su, in similar containers that petitioner uses.
The reason for the failure of Khos case was:
Trademark rights are acquired through registration.
FINAL EXAMINATION
1. Yvonne is the school director/adviser of the San Beda College High School drama club. The play she selected for the celebration of the School Foundation Day was a not-so-known play which she thought would showcase the talent of her young actors and actresses. Unfortunately, the writer of the play who happened to be Yvonnes suitor whom Yvonne rejected ten years ago was unwilling to grant a license to the play for high school productions. Yvonnes best argument for avoiding liability for copyright infringement on the part of San Beda College if she decided to go ahead and use the material from the play, WITHOUT THE WRITERS CONSENT, is: (1 point)
The public performance of a work, in a place where no admission fee is charged, by an institution for educational purpose only, whose aim is not profit making does not constitute copyright infringement; (correct answer, your response)
3. The recordal system of registration in the Copyright Office is different from the Trademark system of registration in that (1 point)
None of the above.
5. For an invention to be new, it must not be part of prior art. However, the disclosure of information by the inventor contained in an application during the twelve (12) months preceding the filing date or the priority date of the application shall not be considered prior art. This is referred to as (1 point)
Non-prejudicial disclosure.
6. The term of a patent shall be years from the filing date of the application. (Sec. 21, R. A. No. 165a) (1 point)
20
7. What is a Geographic Indication (1 point)
Indications that identify a good as originating in the territory of a country or a region or locality in the territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin. Patents, in many jurisdictions, refer to titles granted to inventions only. In the Philippines, patent had been used in its generic sense, to include titles to inventions, utility models and industrial designs.
8. A certificate of registration shall remain in force for years: Provided, That the registrant shall file a declaration of actual use and evidence to that effect, or shall show valid reasons based on the existence of obstacles to such use within one (1) year from the fifth anniversary of the date of the registration of the mark. Otherwise, the mark shall be removed from the Register by the Office. (1 point)
10
9. The mark "Callista Flockhart", as used for tonic drinks and and health products, is: (1 point)
Not registrable unless Ms. Flockhart gives her blessing .
10. Frederick Perez wrote and published The Secret of Beauty, a book on how to be a successful hairstylist. Frederick Lopez, an aspiring hair cutter, saw the book at National Book Store and bought a copy. He took pains to study the different styles and strokes described by Frederick Perez in his book. Soon, applying the techniques he learned, Frederick Lopez became a much sought-after hairstylist. He always would say that what he is and what he knows, he learned from the book of Frederick Perez. Hearing these words, Frederick Perez felt he has been cheated by Frederick Lopez.
To relax because no copyright infringement has been committed by Frederick Lopez.
11. In Masso Hermanos, S.A. vs. Director of Patents, 94 Phil. 136, 139 (1953), it was held that a dealer in shoes cannot register "Leather Shoes" as his trademark because that would be merely descriptive and it would be unjust to deprive other dealers in leather shoes of the right to use the same words with reference to their merchandise. No one may appropriate generic or descriptive words. They belong to the public domain (Ong Ai Gui vs. Director of Patents, 96 Phil. 673, 676 [1955]). If Daisy Fuentes applied for a trademark registration for the mark Daisy Fuentes Ketchup, for tomato ketchup, the application will most likely be granted because: (1 point)
It consists of her name and she presumably has consented to the use thereof.
12. Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original. However, (1 point) The copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which the copyright relates.
13. By originality is meant that the material was not copied, and evidences at least minimal creativity; that it was independently created by the author and that it possesses at least same minimal degree of creativity. Originality is a requirement of (1 point)
Copyright protection
14. Which does not belong? The following shall be excluded from patent protection: (1 point)
Laparoscopic machine for cholecystectomy.
15. The IP Code is (1 point)
Rep Act No 8293
16. Under the IP Code, the First-to-File Rule has been adopted for copyrightable works, trademarks and patents. (1 point)
False. Copyright accrues from the moment of creation.
17. Any visible sign capable of distinguishing goods or services (service mark) of an enterprise and shall include a stamped or marked container of goods would be a: (1 point)
Trademark
18. The following is part of prior art: (1 point)
Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention.
19. The private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright in the work, EXCEPT IN THE FOLLOWING CASES: Choose ALL correct answers. (1 point)
A work of architecture in form of building or other construction
An entire book, or a substantial part thereof, or of a musical work in which graphics form by reprographic means;
20. The Dominancy Test, applied in determining confusing similarity in trademarks, means: (1 point)
If the competing trademark contains the main or essential or dominant features of another, and confusion and deception is likely to result, infringement takes place. Duplication or imitation is not necessary; nor is it necessary that the infringing label should suggest an effort to imitate.
21. The publisher of a book, in addition to the right to publish, shall have a copyright consisting merely of the right of: (1 point)
reproduction of the typographical arrangement of the published edition of the work
22. Notwithstanding the provisions of Subsection 177.1, any library or archive whose activities are not for profit may, without the authorization of the author or copyright owner, make a ___________ number of copies of the work, as may be necessary for such institutions to fulfill their mandate, by reprographic reproduction: (1 point)
limited
23. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF APPEALS, SUNSHINE HOME VIDEO, INC. and DANILO A. PELINDARIO, respondents., [G.R. No. 110318. August 28, 1996.], it was held that It is evidently incorrect to suggest, as the ruling in 20th Century Fox may appear to do, that in copyright infringement cases, the presentation of master tapes of the copyrighted films is always necessary to meet the requirement of probable cause and that, in the absence thereof, there can be no finding of probable cause for the issuance of a search warrant. Xxx The foregoing statement was made because: (1 point)
None of the above.
24. The mark "Selecta", as used for ice cream and dairy products, is: (1 point)
Registrable because it has been invented for the sole purpose of functioning as a trRegistrable because ademark and have no other meaning than acting as a mark.
25. The term of protection for performances not incorporated in recordings is: (1 point)
Fifty (50) years from the end of the year in which they took place. Fifty (50) years from the end of the year in which they took place. Twenty (20) years from the date they took place.
26. Ms. Celina Conti applied for registration of the mark consisting of the logo below:for massage and spa services (Class 42 Miscellaneous Services). The Coca-Cola Company has existing registrations under Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34. Coca-Cola Company will probably oppose the application upon the ground that: (1 point)
It is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known, which is registered in the Philippines with respect to goods or services which are not similar to those with respect to which registration is applied for.
27. While visiting Makati City in July, 2006, Anthony Pascual was able to visit the Ayala Museum and view the original paintings of such an up and coming painter, Roy Fernando. Anthony happened to carry with him his Nikon D2xs SLR digital camera with him. He was able to take great photographs of the paintings. Back home in Naga City, Anthony decided to print his photographs on T-shirts and peddle them outside the Penafrancia Shrine during the Fiesta last September. If you were consulted by Roy Fernando, who was your best friend from high school, you would recommend filing a copyright infringement complaint against Anthony on the basis of: (1 point)
(a) and (b)
28. How may the rights in a mark be acquired ? (1 point)
Trademark rights are acquired through registration.
29. When may a mark that is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known in Section 123.1, par. e, which is registered in the Philippines, be registrable? (1 point)
Never registrable
30. Ms. Celina Conti applied for registration of the mark consisting of the logo below:for massage and spa services (Class 42 Miscellaneous Services). The Coca-Cola Company has existing registrations under Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34. The application will most likely be denied because: (1 point)
None of the above.
31. HOW MAY AN AFFIDAVIT EVIDENCE HELP A COPYRIGHT OWNER IN AN ACTION FOR INFRINGEMENT? (1 point)
None of the above.
32. The term of protection for Broadcasts is: (1 point)
Twenty (20) years from the date they took place.
33. What is a Trademark? (1 point)
Any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods.
36. A utility model registration shall expire, without any possibility of renewal, at the end of the year after the date of the filing of the application. (1 point)
7
37. Levin Okoda, principal architect of Manresa and Associates, was engaged by San Miguel Industries to prepare the architectural plans of the latters proposed home office in Ortigas Center. Roben Ysmael, CEO of San Miguel, liked the plans so much and, without batting an eyelash, paid the professional fees being collected by Okoda of Manresa. Subsequently, Roben engaged the services of his cum padre, Regis Legum, who owns a competing architectural firm, for the construction of the building based on the plans. When Okoda learned about this development, he called Roben to offer his services to undertake the construction. Roben refused. Okoda now consults you and asks what he can do in the premises. Your advice shall be: (1 point)
Advise Okoda that he has the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original.
38. An invention refers to any technical solution of a problem in any field of human activity which is new, involves inventive step and is industrially applicable. It may be, or may relate to: (1 point) A product, or process, or an improvement of any of the foregoing.
39. As held in SMITH KLINE BECKMAN CORPORATION, petitioner, vs. THE HONORABLE COURT OF APPEALS and TRYCO PHARMA CORPORATION, respondents, When the language of its claims is clear and distinct, the patentee is bound thereby and may not claim anything beyond them. And so are the courts bound which may not add to or detract from the claims matters not expressed or necessarily implied, nor may they enlarge the patent beyond the scope of that which the inventor claimed and the patent office allowed, even if the patentee may have been entitled to something more than the words it had chosen would include.
The foregoing serves to emphasize that, in patent infringement cases, (1 point)
The extent of protection conferred by the patent shall be determined by the claims, which are to be interpreted in the light of the description and drawings.
40. Suggestive marks suggest a quality or characteristic of the goods and services. The following are samples of suggestive marks: (1 point) Master Roast for coffee
Suprasilk for intimate wear
Microsoft for software programs
41. Jessie holds a copyright registration for a Utility Model, Leaf Spring Eye Bushing for Automobile made up of plastic. It is described as
comprising a generally cylindrical body having a co-axial bore that is centrally located and provided with a perpendicular flange on one of its ends and a cylindrical metal jacket surrounding the peripheral walls of said body, with the bushing made of plastic that is either polyvinyl chloride or polypropylene.[31] Likewise, the Vehicle Bearing Cushion is illustrated as a bearing cushion comprising a generally semi-circular body having a central hole to secure a conventional bearing and a plurality of ridges provided therefore, with said cushion bearing being made of the same plastic materials.
A and B
42. A layout-design shall be considered original if it is the result of its creator's own intellectual effort and is not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of its creation. (1 point) true
43. Copyrightable works are protected (1 point)
from the moment of creation
44. An interested person may petition to cancel a patent or any claim thereof, or parts of the claim, on any of the following grounds, EXCEPT: (1 point)
The application did not comply with the requirement of unity of invention.
45. Article 6bis of the Paris Convention provides: (1) The countries of the Union undertake, either administratively if their legislation so permits, or at the request of an interested party, to refuse or to cancel the registration and to prohibit the use, of a trademark which constitutes a reproduction, an imitation, or a translation, liable to create confusion, of a mark considered by the competent authority of the country of registration or use to be well-known in that country as being already the mark of a person entitled to the benefits of this Convention and used for identical or similar goods.
The objective of this provision is (1 point)
To protect well-known marks.
46. Which does not belong to the group? (1 point) Micro-organisms and non-biological and microbiological processes.
47. Probable cause has been uniformly defined as such facts and circumstances which would lead a reasonable, discreet and prudent man to believe that an offense has been committed, and that the objects sought in connection with the offense are in the place sought to be searched.
Under prevailing jurisprudence, the determination of probable cause (1 point) Must adhere to the requirement that "no less than personal knowledge by the complainant or his witnesses of the facts upon which the issuance of a search warrant may be justified" in order to convince the judge, not the individual making the affidavit and seeking the issuance of the warrant, of the existence of a probable cause.
48. The principle of unity of invention requires that an application for patent shall relate to one invention only or to a group of inventions forming a single general inventive concept. Hence, the Director may require that the application be restricted to a single invention in the following case/s: (1 point)
A and C
49.
50. Pia Bautista, as the vocalist of a band, plans to perform five original songs composed by Alex Pormento during a concert at the UP Theater for the benefit of the Philippine Red Cross. These songs were never recorded, publicly played or performed before by anyone, anywhere. What should Pia do to ensure that she commits no copyright violation? (1 point)
None of the above.
51. A three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an IC intended for manufacture is a (1 point)
Lay-out Design
52. A patent application for a drug, Buntigon, that cures AIDS, filed by Felix Pormento, a neo-scientist, has been granted a filing date of July 5, 2007. It was published on February 20, 2010. It was subsequently granted, after substantive examination, a patent. Said grant was published in the IPO Gazette on July 5, 2013. Pormento learned that Ramon Claveria made, produced, offered for sale and sold a drug similar to Buntigon in or about November 2010. As of October 23, 2013, (1 point)
Pormento can file a patent infringement case because the infringing acts occurred in November, 2010.
53. When filing a patent application, the disclosure will not be legally compliant unless: (1 point) The application shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
54. In the Ongpin Memorandum, cited by the Supreme Court in Mirpuri v CA, the Minister of Trade and Industry did enumerated well-known trademarks and also laid down guidelines for the Director of Patents to observe in determining whether a trademark is entitled to protection as a well-known mark in the Philippines under Article 6bis of the Paris Convention. (1 point)
False
55. In Abercrombie & Fitch Co. v. Hunting World, Inc., a classification scheme was adopted by the court to determine the extent of protection a word mark would be afforded. This trademark strength spectrum has been recognized in the Philippines. In determining the level of protection a word mark was afforded, the court considered the source-identifying quality of the word. The court held that fanciful, arbitrary and suggestive terms are inherently capable of source-identification and were thus protected immediately upon use. Descriptive words alone, upon the other hand, were not independently capable of identifying the source of goods and were thus not afforded immediate protection. (1 point)
None of the above.
56. In PEARL & DEAN (PHIL.), INC., vs. SHOEMART, INCORPORATED, G.R. No. 148222. August 15, 2003, the Supreme Court quoted the US case of Baker vs. Selden: xxx A treatise on the composition and use of medicines, be they old or new; on the construction and use of ploughs or watches or churns; or on the mixture and application of colors for painting or dyeing; or on the mode of drawing lines to produce the effect of perspective, would be the subject of copyright; but no one would contend that the copyright of the treatise would give the exclusive right to the art or manufacture described therein. xxx
This means that: (1 point)
Preparing Roast Pig a la Marketmanila (http://www.marketmanila.com/) as described in his blog site (http://www.marketmanila.com/) does not violate copyright.
57. In the case of work created by an employee during and in the course of his employment, ownership of copyright shall be determined based on: (1 point)
Whether or not the creation of the object of copyright is part of his regular duties.
58. The term of protection for audio-visual works including those produced by process analogous to photography or any process for making audio-visual recordings is: (1 point)
Fifty (50) years from date of publication and, if unpublished, from the date of making.
59. Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation. Which among the following properties does not belong? (1 point)
Leah Salonga's rendition of "Can We Just Stop and Talk a While?"
60. Patents to protect inventions; and industrial designs, which are aesthetic creations determining the appearance of industrial products, as well as trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications, and protection against unfair competition fall under: (1 point)
Industrial property
61. What is a patent? (1 point)
A grant issued by the Philippine Government giving an inventor the right to exclude others from making, using or selling his invention within the Philippines in exchange for his patentable information or disclosure (Quid Pro Quo).
62. An application for patent filed by any person who has previously applied for the same invention in another country which, by treaty, convention, or law affords similar privileges to Filipino citizens, shall be considered as filed as of the date of filing the foreign application, subject to certain conditions. This is called: (1 point)
Right of Priority
63. If Albert Einstein discovered the Theory of Relativity yesterday, he would still not be able to patent the same under the IP Code because (1 point)
None of the above.
64. Kyle So entered into a contract with Rose Publishing for writing a series of articles on The Procreation of Bees. For the project, Kyle was paid a down payment of P500,000.00, with the balance of P250,000.00 payable upon his submission of the last article not later than ten months later. Subsequently, Kyle met a girl, Kyota Shu, with whom he fell madly in love. He could not eat; he could not work. He was useless. Alas, see what unrequited love can do! The ten-month period elapsed and Kyle failed to submit even one of his articles, though he had actually written two. Rose Publishing is furious and approaches you. (1 point) You advise Rose Publishing to file an action for damages only due to breach of contract because he cannot be compelled to write his articles or publish them.
65. Dillman Publishing Company commissioned Braille experts to transcribe popular novels, like the Twilight, Harry Potter and Lord of the Ring series, into Braille. It made sure that the respective authors were properly informed of the project and cited in the finished products. Believing that the project was ahead-of-its-time, Dillman Publishing intended to the the books at a premium. Would it be violating any copyright? (1 point)
Yes. Dillman Publishing sold and distributed the Braille-formatted books for profit.
66. Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he bequeathed his Memoirs, consisting of one thousand hand-written pages, recounting his adventures of a lifetime to his mistress, Lolita. However, during his heyday, he entered into a Publication Agreement with Garbage Publications whereby, during his lifetime and ten years after his death, he assigned all his rights to his Memoirs to the latter. After Senor Lauro was buried, Lolita hired you as counsel and sought your legal advice on the feasibility of demanding from Garbage Publications the royalties owing to Senor Lauro, since Lolita is now the owner of the Memoirs. You will advise Lolita that: (1 point)
She has no legal right to collect because the mere ownership of the Memoirs does not mean that she owns the copyright to the Memoirs.
67. Gregory Moreland is a US citizen who has been a Philippine resident for the last twenty years. By profession, he is an Engineer, but like a little boy, he never ceases to tinker with gadgets and always dreams of providing the world with the cheapest solutions to human problems. One day, he applied with the IPO for a patent for his invention, a head gear, which allows the wearer to listen to the thoughts of persons within five meters away. The Patent Examiner, on examination, ruled that the invention is NOT patentable because it is not new. An new invention, to be patentable (1 point)
must not be part of prior art
68. An invention qualifies for registration as a utility model if it is new and involves an inventive step. (1 point)
False. Inventive step is not necessary.
69. Copyright itself does not depend on official procedures. A created work is considered protected by copyright as soon as it exists. According to the Berne Convention for the Protection of Literary and Artistic Works, literary and artistic works are protected without any formalities in the countries party to that Convention. (1 point) True. Thus, WIPO does not offer any kind of copyright registration system.
70. In SOCIETE DES PRODUITS NESTLE, S.A. and NESTLE PHILIPPINES, INC., petitioners, vs. COURT OF APPEALS and CFC CORPORATION, respondents. [G.R. No. 112012. April 4, 2001], Societe Des Produits Nestle, S.A., and Nestle Philippines, Inc. opposed CFCs application for trademark FLAVOR MASTER claiming that the said trademark is "confusingly similar to its trademarks for coffee and coffee extracts, to wit: MASTER ROAST and MASTER BLEND." This issue was resolved by the Court by using: (1 point)
The dominancy test
71. The Convention of Paris for the Protection of Industrial Property, otherwise known as the Paris Convention, is a multilateral treaty that seeks to protect industrial property consisting of patents, utility models, industrial designs, trademarks, service marks, trade names and indications of source or appellations of origin, and at the same time aims to repress unfair competition. This is achieved by: (1 point) Giving the same treatment to each of the member countries. as that country makes available to citizens of other countrues
72. Under the new IP Code, "patent" refers to the title granted to protect an invention defined as any technical solution of a problem in any field of human activity which involves inventive step and is industrially applicable. (1 point)
False
73. Joy Personal Products, Inc. manufactures and distributes toothpaste in tubes under the trademark Calgary Fresh. Colgate Palmolive has sought your opinion on whether Joy Personal Products Inc. is committing unfair competition because, among other matters, it is also using plastic tubes in the marketing of its toothpaste products. You advise Colgate that the use of plastic tubes cannot per se be a ground to impute unfair competition because: (1 point)
As held in ASIA BREWERY, INC. petitioner, vs. THE HON. COURT OF APPEALS and SAN MIGUEL CORPORATION, respondents, SMC's being the first to use the steinie bottle does not give SMC a vested right to use it to the exclusion of everyone else. Being of functional or common use, and not the exclusive invention of any one, it is available to all who might need to use it within the industry. Nobody can acquire any exclusive right to market articles supplying simple human needs in containers or wrappers of the general form, size and character commonly and immediately used in marketing such articles xxx.
74. Under the IP Code, the term "intellectual property rights" consists of the following. CHOOSE ALL CORRECT ANSWERS. (1 point)
Geographic Indications Industrial Designs
Layout-Designs of Integrated Circuits
Patents Trademarks and Service Marks Undisclosed Information Copyright and Related Rights
75. An invention qualifies for registration as a utility model if it is new and involves an inventive step. (1 point) False. Inventive step is not necessary.
76. In the case of a divisional application, a later application filed for an invention divided out shall be considered as having been filed on the same day as the first application if the later application is filed within the period allowed, or as may be granted and each divisional application shall not go beyond the disclosure in the initial application. (1 point)
False
77. The mark "Cosmopolite", as used for canned tuna, is: (1 point)
Registrable because it has no relation to the goods or services being sold.
78. The registration for a period of ten (10) years, without renewal, counted from the date of commencement of the protection accorded thereto, applies to: (1 point) lay-out designs
79. A trademark application which consists of the words See Me, Feel Me and the picture shown has been filed for Intimate Apparel.The application will most likely be rejected because it: (1 point)
Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
80. Considering that dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works are protected as a new works, the consent of the author or creator of these underlying works need no longer be secured. (1 point)
False
81. Collections of literary, scholarly or artistic works, and compilations of data and other materials may be considered as new works if they are original by reason of the * of their contents. Choose ALL correct answers. (1 point)
coordination selection
82. The following provision normally appears in license agreements whereby rights over certain musical compositions are licensed to another for use by the latter:
It is hereby agreed and understood that the authority herein granted to PRODUCER is restrictive and covers only such license as stipulated in the preceding section. It is expressly stipulated that the first and original telecast of the Television Series shall be completed no later than the end of the Licensed Period. The license herein granted does not include any rights for any other production and/or soundtrack production and/or reproduction in video compact disc, VHS, MP3 and DVD format, mobile phone and internet services, value-added or otherwise, including any other wireless services such as SMS & MMS, music television (MTV), ballet show(s), segment show(s) and audio, opening number(s), production number(s) and/or other related presentation(s) and the like in any theater(s) and/or television show(s).
The legal basis for this provision is: (1 point)
Copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the acts of making derivative works, public performance of the work; and other communication to the public of the work.
83. The requirements of registrability of utility models are the following, EXCEPT: (1 point)
original
84. In the case of ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No. 103543. July 5, 1993, it was also held that The petitioner's contention that bottle size, shape and color may not be the exclusive property of any one beer manufacturer is well taken (Emphasis supplied). The reason is that, at least in the said case, (1 point)
Being of functional or common use, and not the exclusive invention of any one, it is available to all who might need to use it within the industry.
85. In ABS-CBN BROADCASTING CORPORATION, Petitioner, versus PHILIPPINE MULTI-MEDIA SYSTEM, INC., et al., Respondents., G.R. No. 175769-70, 2009 Jan 19, 3rd Division, it was held that Copyright is not absolute. It means that: (1 point)
Intellectual property protection is merely a means towards the end of making society benefit from the creation of its men and women of talent and genius. This is the essence of intellectual property laws, and it explains why certain products of ingenuity that are concealed from the public are outside the pale of protection afforded by the law.
87. The patent examiner, considering an application for patent involving a gadget that will enable the user to see through human flesh failed to consider that said application for patent related to a group of inventions that did not form a single general inventive concept. Eventually, a letters patent was granted. After discovering the lapse, the Director decided to order the cancellation of the patent. (1 point)
He is legally correct because the patent has been granted on an application that did not comply with the requirement of unity of invention.
88. Original ornamental designs or models for articles of manufacture and other works of applied art are copyrightable. However, they may also be registered as industrial designs under the law on patents if: (1 point)
The design gives a special appearance to and can serve as pattern for an industrial product or handicraft.
89. A trademark application which consists of the word Mike and the design below has been filed for clothing and shoes. The application will most likely be rejected because it: (1 point)
None of the above.
90. In EMERALD GARMENT MANUFACTURING CORPORATION vs. COURT OF APPEALS, G.R. No. 100098. December 29, 1995, the holistic approach was used by the Court to determine confusing similarity between the competing trademarks, thereby holding that LEE was not confusingly similar with STYLISTIC MR. LEE. The holistic approach meant, essentially (1 point)
In determining whether the trademarks are confusingly similar, a comparison of the words is not the only determinant factor. The trademarks in their entirety as they appear in their respective labels or hang tags must also be considered in relation to the goods to which they are attached. The discerning eye of the observer must focus not only on the predominant words but also on the other features appearing in both labels in order that he may draw his conclusion whether one is confusingly similar to the other.
91. Any technical solution of a problem in any field of human activity which is new and industrially applicable and which may be, or may relate to, a useful machine, an implement or tool, a product or composition or an improvement of any of the foregoing, would be a: (1 point)
Invention
92. In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL MERCHANDISING and COMPANY, and ANG TIAM CRAY, G.R. No. 115758. March 19, 2002, petitioner who had copyright over Chin Chun Su and Oval Facial Cream Container/Case (Certificates of Copyright Registration No. 0-1358 and No. 0-3678) and patent rights on Chin Chun Su & Device and Chin Chun Su for medicated cream (Registration Certificate No. 4529 under the Supplemental Register of the Philippine Patent Office) failed to secure an injunction against persons who advertised and sold petitioner's cream products under the brand name Chin Chun Su, in similar containers that petitioner uses.
The reason for the failure of Khos case was: (1 point)
Trademark rights are acquired through registration.
93. Copyright shall consist of the exclusive right to carry out, authorize or prevent public performance of a work. However, the recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society, will not constitute infringement. (1 point)
Copyright allows some monopoly subject to some limitations provided by law.
94. A patent application, which been published, and all related documents, shall not be made available for inspection without the consent of the applicant. (1 point)
False
95. Copyright, in the strict sense of the term, is purely a statutory right. It is a new or independent right granted by the statute, and not simply a pre-existing right regulated by the statute. Being a statutory grant, the rights are only such as the statute confers, and may be obtained and enjoyed only with respect to the subjects and by the persons, and on terms and conditions specified in the statute.
Since . . . copyright in published works is purely a statutory creation, a copyright may be obtained only for a work falling within the statutory enumeration or description.
The foregoing was cited by the Supreme Court in Joaquin versus Drilon, G.R. No. 108946. January 28, 1999, to arrive at the conclusion that the format or mechanics of a television show is not included in the list of protected works xxx. The legal basis is (1 point)
Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any idea, procedure, system method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof.
96. A technical solution of a problem in any field of human activity, to be patentable, must be, among other traits: (1 point)
novel
97. The First to File Rule simply means that: (1 point)
If there are two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date.
98. Section 123.3. of the IP Code provides that The nature of the goods to which the mark is applied will not constitute an obstacle to registration. (Sec. 4, R. A. No. 166a). This provision means that: (1 point)
For purposes of registration, what the IPO examines is not the product or service to which a mark is to be applied, but the mark itself.
99. Only layout -designs of integrated circuits that are ____________ shall benefit from protection under the law (1 point) original
100. The registration of an industrial design shall be for a period of five years from the filing date of the application, subject to renewal for not more than consecutive periods of five (5) years each. (1 point)
2
1. The final decision of refusal of an application for trademark registration by the Director of Trademarks shall be appealable to the: Director General (correct answer, your response) Court of Appeals Regional Trial Court Deputy Director General for Legal 2. Points earned: 4 out of 4
2. A person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law who acquires a local registration based on a registration in his own country may sue for acts committed prior to the date on which his mark was registered in this country. True False (correct answer, your response) 3. Points earned: 4 out of 4
3. No filing date shall be accorded until the required fee is paid. True (correct answer, your response) False 4. Points earned: 4 out of 4
4. Under the IP Code, no registration of a mark in the Philippines by a person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, shall be granted until such mark has been used in commerce in the country of origin of the applicant. True (your response) False 5. Points earned: 0 out of 4
5. A mark cannot be copyrighted if it consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or True (your response) False 6. Points earned: 0 out of 4
6. The owner of a well-known mark that is not registered in the Philippines, may, against an identical or confusingly similar mark, oppose its registration, or petition the cancellation of its registration or sue for unfair competition, without prejudice to availing himself of other remedies provided for under the law. True (correct answer, your response) False 7. Points earned: 4 out of 4
7. A mark that consists of color alone may be registered if it is defined by a given form. True (correct answer, your response) False 8. Points earned: 4 out of 4
8. The filing date of an application shall be the date on which the Office received the following indications and elements in English or Filipino, except: An express or implicit indication that the registration of a mark is sought; The identity of the applicant; Indications sufficient to contact the applicant or his representative, if any; A reproduction of the mark whose registration is sought; The list of the goods or services for which the registration is sought. none (correct answer, your response) 9. Points earned: 4 out of 4
9. A mark that is contrary to public order or morality may still be registered because protection is granted irrespective of the mode of expression, content or quality. True False (correct answer, your response) 10. Points earned: 4 out of 4
10. A mark cannot be registered if it is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known which is registered in the Philippines with respect to goods or services which are only similar to those with respect to which registration is applied for. True False (correct answer, your response) 11. Points earned: 4 out of 4
11. The owner of a registered mark shall have the exclusive right to prevent all third parties not having the owner's consent from using in the course of trade identical or similar signs or containers for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion, in all cases. True False (correct answer, your response) 12. Points earned: 4 out of 4
12. Any person who believes that he would be damaged by the registration of a mark may, upon payment of the required fee and within thirty (30) days after publication, file with the Office an to the application.
Your response: opposition
Points earned: 0 out of 5
13. A certificate of registration of a mark shall be prima facie evidence of the following, save one: validity of the registration legal infirmity of confusingly similar marks. (correct answer, your response) the registrants ownership of the mark,
the registrants exclusive right to use the same in connection with the goods or services and those that are related thereto specified in the certificate. 14. Points earned: 4 out of 4
14. Registration of the mark shall not confer on the registered owner the right to preclude third parties from using bona fide their names, addresses, pseudonyms, a geographical name, or exact indications concerning the kind, quality, quantity, destination, value, place of origin, or time of production or of supply, of their goods or services: Provided, That such use is confined to the purposes of mere identification or information and cannot mislead the public as to the source of the goods or services. True (correct answer, your response) False 15. Points earned: 4 out of 4
15. Section 123.3 which provides that The nature of the goods to which the mark is applied will not constitute an obstacle to registration means that when a mark is used on a product that is immoral, deceptive or scandalous matter, said mark cannot be registered. True False (correct answer, your response) 16. Points earned: 4 out of 4
16. Section 123.2, which provides that As regards signs or devices mentioned in paragraphs (j), (k), and (l), nothing shall prevent the registration of any such sign or device which has become distinctive in relation to the goods for which registration is requested as a result of the use that have been made of it in commerce in the Philippines. The Office may accept as prima facie evidence that the mark has become distinctive, as used in connection with the applicants goods or services in commerce, proof of substantially exclusive and continuous use thereof by the applicant in commerce in the Philippines for five (5) years before the date on which the claim of distinctiveness is made defines the concept of: secondary meaning (correct answer, your response) holistic approach dominant approach doctrine of equivalents none 17. Points earned: 4 out of 4
17. Where goods and/or services belonging to several classes of the Nice Classification have been included in one (1) application, such an application shall result in _____ registration. one (correct answer, your response) two multiple omnibus 18. Points earned: 4 out of 4
18. The following mark is not generic: it consists exclusively of signs that are generic for the goods or services that they seek to identify;
it consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice;
It is identical with, or confusingly similar to, or constitutes a translation of a mark considered well- known which is registered in the Philippines with respect to goods or services which are only similar to those with respect to which registration is applied for. None. (your response) 19. Points earned: 0 out of 4
19. means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality of goods or services of different enterprises which use the sign under the control of it registered.
The following answer is acceptable: collective mark
Your response: Collective mark
Points earned: 5 out of 5
20. The following mark may not be registrable as it may not acquire a secondary meaning:
it consists exclusively of signs or of indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services;
it consists of shapes that may be necessitated by technical factors or by the nature of the goods themselves or factors that affect their intrinsic value;
it consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice; None. (your response) 21. Points earned: 0 out of 4
21. A mark cannot be registered if it consists of a name, portrait or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the Philippines, during the life of his True False (your response) 22. Points earned: 0 out of 4
22. A mark that is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date, in respect of (i) The same goods or services, or (ii) Closely related goods or services, or (iii) If it nearly resembles such a mark as to be likely to deceive or cause .
The following answer is acceptable: confusion
Your response: confusion
Points earned: 5 out of 5
23. Section 124.2 provides that The applicant or the registrant shall file a declaration of actual use of the mark with evidence to that effect, as prescribed by the Regulations within years from the filing date of the application. Otherwise, the application shall be refused or the mark shall be removed from the Register by the Director.
The following answers are acceptable: three 3 24. Your response: three
Points earned: 5 out of 5
24. The IPO shall shall issue the certificate of registration upon the happening of all, save one, the following events: when the period for filing the opposition has expired when the Director of Legal Affairs shall have denied the opposition,if any. upon payment of the required fee. upon publication in the IPO Gazette. (correct answer, your response) 25. Points earned: 4 out of 4
25. Goods or services may not be considered as being similar or dissimilar to each other on the ground that, in any registration or publication by the Office, they appear in different classes of the Nice Classification. True (correct answer, your response) False 26. Points earned: 4 out of 4
26. To protect trademark owners, the law provides that there shall be infringement of trademarks or tradenames of imported or sold patented drugs and medicines allowed, as well as imported or sold off-patent drugs and medicines: even if said drugs and medicines bear the registered marks that have not been tampered, unlawfully modified, or infringed upon, as defined in the law. True False (correct answer, your response) 27. Points earned: 4 out of 4
27. An application for registration of a mark filed in the Philippines by a person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, and who previously duly filed an application for registration of the same mark in one of those countries, shall be considered as filed as of the day the application was first filed in the foreign country. This provision describes: (your response) Parity rights Parental rights priority rights peremptory rights 28. Points earned: 0 out of 4
28. The exclusive right of the owner of a well-known mark defined in Subsection 123.1(e) which is registered in the Philippines, shall not extend to goods and services which are not similar to those in respect of which the mark is registered: Provided, That use of that mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the registered mark: Provided, further, That the interests of the owner of the registered mark are likely to be damaged by such use. ( True False 29. Points earned: 0 out of 4
29. In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be proved. True False 30. Points earned: 0 out of 4
30. The Office may allow or require the applicant to an unregistrable component of an otherwise registrable mark. However, such disclaimer shall not prejudice or affect the applicants or owners rights then existing or thereafter arising in the disclaimed matter, nor such shall disclaimer prejudice or affect the applicants or owners right on another application of later date if the disclaimed matter became distinctive of the applicants or owners goods, business or services.
Your response: blank answer
Points earned: 0 out of 5
1. Lawrence Lessig has described the Internet, thus,For the holder of copyright, cyberspace appears to be the worst of both worlds a place where the ability to copy could not be better, and where the protection of the law could not be worse. (Lawrence Lessig, Code and Other Laws of Cyberspace). This means that:
There is little or no sanction for unauthorized copying; technology has provided the facility to copy like never before. (correct answer, your response)
There is sufficient sanction for unauthorized copying; technology has provided adequate measures to prevent copying.
There is little or no sanction for unauthorized technology; copying has provided the opportunity to poor countries for learning. None of the above. 2. Points earned: 2 out of 2
2. The recordal system of registration in the Copyright Office is different from the Trademark system of registration in that
In the Trademark Register, the issuance of registration is ministerial upon submission of an application that is complete in form and substance. (your response)
The National Library undertakes a procedure to verify the veracity of the claim of authorship by a registrant with respect to a copyrightable work.
In the Trademark Register, there is a substantive examination conducted to determine the registrability of copyrightable works. None of the above. 3. Points earned: 0 out of 2
3. Copy control measures seek to control the use of protected content once users have access to the work. Examples are: serial copy management systems for audio digital taping devices, and scrambling systems for DVDs that prevent third parties from reproducing content without authorization. True (correct answer, your response) False 4. Points earned: 2 out of 2
4. What is an affidavit evidence?
Your response: an affidavit made before a notary public by or on behalf of the owner of the copyright in any work or other subject matter and stating that:
a. At the time specified therein, copyright subsisted in the work or other subject matter;
b. He or the person named therein is the owner of the copyright; and
c. the copy of the work or other subject matter annexed thereto is a true copy thereof.
"The affidavit shall be admitted in evidence in any proceedings under this Chapter and shall be prima facie proof of the matters therein stated until the contrary is proved, and the court before which such affidavit is produced shall assume that the affidavit was made by or on behalf of the owner of the copyright
Points earned: 0 out of 1 (Instructor review pending)
5. The U. S. Supreme Court in the Sony v. Universal Case, 464 U.S. 417 (1984), declared that the monopoly granted to authors of copyrightable works to enjoy the fruits of their labor is neither unlimited nor primarily designed to provide a special private benefit. It is understood to be a means to an end. True. Public access to works is a means to protect special private benefit.
True. Special private benefit is a means to ensure and promote a public interest. (correct answer, your response) False. Special private benefit is a means to ensure and promote a public interest. False. Public access to works is a means to protect special private benefit. 6. Points earned: 2 out of 2
6. Under the IP Code, the First-to-File Rule has been adopted for copyrightable works, trademarks and patents.
True. If two (2) or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date.
False. An application for registration of a mark filed in the Philippines by a person referred to in Section 3 of the IP Code, and who previously duly filed an application for registration of the same mark in one of those countries, shall be considered as filed as of the day the application was first filed in the foreign country. False. Copyright accrues from the moment of creation. (correct answer, your response)
True. The use of the mark in a form different from the form in which it is registered, which does not alter its distinctive character, shall not be ground for cancellation or removal of the mark and shall not diminish the protection granted to the mark. 7. Points earned: 2 out of 2
7. Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he bequeathed his Memoirs, consisting of one thousand hand-written pages, recounting his adventures of a lifetime to his mistress, Lolita. However, during his heyday, he entered into a Publication Agreement with Garbage Publications whereby, during his lifetime and ten years after his death, he assigned all his rights to his Memoirs to the latter. Lolita decided to sell the manuscript to a secret collector for US$10,000,000.00 in a much-publicized transaction. Ramon, an estranged son of Senor Lauro, heard about it. He wrote Lolita a demand letter asking for half of the gross proceeds of the sale. Lolita approached you for advice.
Lolita is obligated to share with Ramon the gross proceeds of the sale to the extent of 50% because Ramon was an only son. Lolita is not obligated to share with Ramon any amount because the Memoirs was hers alone. Ramon is entitled to 5% of the gross proceeds as an heir. (correct answer, your response) Ramon is not entitled to any share having been estranged from his father. None of these. 8. Points earned: 1 out of 1
8. Under Section 216.1 (b) of the IP Code, if the copyright owner (or proprietor of related rights) decides not to prove his damages and profits, he losses the right to be able to recover damages; he may opt to recover statutory damages before final judgment (correct answer, your response)
There is little or no sanction for unauthorized copying as technology has provided the facility to copy like never before. He may opt to avail of administrative remedies. 9. Points earned: 2 out of 2
9. In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL MERCHANDISING and COMPANY, and ANG TIAM CRAY, G.R. No. 115758. March 19, 2002, petitioner who had copyright over Chin Chun Su and Oval Facial Cream Container/Case (Certificates of Copyright Registration No. 0-1358 and No. 0-3678) and patent rights on Chin Chun Su & Device and Chin Chun Su for medicated cream (Registration Certificate No. 4529 under the Supplemental Register of the Philippine Patent Office) failed to secure an injunction against persons who advertised and sold petitioner's cream products under the brand name Chin Chun Su, in similar containers that petitioner uses.
The reason for the failure of Khos case was: Trademark rights are acquired through registration. (correct answer, your response)
The copyright of the treatise does not give to the author the exclusive right to the art or manufacture described in his work.
The background and training of the contending authors were rejected by the Supreme Court as sufficient explanation or justification for the similarities in the two works. None of the above. 10. Points earned: 1 out of 1
10. According to WIPO, Intellectual property is usually divided into two branches. Choose ALL correct answers. Industrial property (correct answer, your response) Copyright and related rights (correct answer, your response) Trademarks Inventions Pharmaceuticals utility models 11. Points earned: 2 out of 2
11. Rights Management Information, as defined in Article 12 (2) of the WCT and Article 19 (2) of the WPPT, are:
items of information that are attached to a copy of a work, fixed performance or phonogram or which appear in connection with the communication thereof to the public. Such information may identify the work and its author, or the performance and its performer, the phonogram and its producer, the owner of any right in the performance or phonogram, or information about the terms and conditions of use of the work, performance or phonogram, and any numbers or codes that represent such information.
serial copy management systems for audio digital taping devices, and scrambling systems for DVDs that prevent third parties from reproducing content without authorization.
an electronic or similar device having information-processing capabilities, and a sets of instructions expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium that the computer can read, or causing the computer to perform or achieve a particular task or result; (your response)
works, which, with the consent of the authors, are made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them.
works created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities, including government-owned or controlled corporations as part of his regularly prescribed official duties. 12. Points earned: 0 out of 2
12. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF APPEALS, SUNSHINE HOME VIDEO, INC. and DANILO A. PELINDARIO, respondents., [G.R. No. 110318. August 28, 1996.], it was held that It is evidently incorrect to suggest, as the ruling in 20th Century Fox may appear to do, that in copyright infringement cases, the presentation of master tapes of the copyrighted films is always necessary to meet the requirement of probable cause and that, in the absence thereof, there can be no finding of probable cause for the issuance of a search warrant. Xxx The foregoing statement was made because:
The obtainment of a license prescribed by Section 125 of the Corporation Code is not a condition precedent to the maintenance of any kind of action in Philippine courts by foreign corporation.
The word 'perform' as used in the Act has been applied to "One who plays a musical composition on a piano, thereby producing in the air sound waves which are heard as music . . . and if the instrument he plays on is a piano plus a broadcasting apparatus, so that waves are thrown out, not only upon the air, but upon the other, then also he is performing the musical composition." (Buck, et al. v. Duncan, et al.; Same v. Jewell-La Salle Realty Co., 32F. 2d. Series 367). (your response)
To be able to effectively and legally preclude others from copying and profiting from the invention, a patent is a primordial requirement. None of the above. 13. Points earned: 0 out of 1
13. Under the IP Code, the term "intellectual property rights" consists of the following. CHOOSE ALL CORRECT ANSWERS. Copyright and Related Rights (correct answer, your response) Trademarks and Service Marks (correct answer, your response) Geographic Indications (correct answer, your response) Industrial Designs (correct answer, your response) Patents (correct answer, your response) Layout-Designs of Integrated Circuits (correct answer, your response) Undisclosed Information (correct answer, your response) Fashion Designs Commercial Properties International conventions Mechanical Lay-outs Architectural plans Inter-disciplinary Models Service Manuals Financial Indications 14. Points earned: 2 out of 2
14. Under Section 216.1 (b), in case the infringer was not aware and had no reason to believe that his acts constitute an infringement of copyright, the court, in its discretion, may reduce the award of statutory damages to a sum of not more than Ten Thousand Pesos (Php10,000.00), even when the infringer circumvents effective technological measures. True False (correct answer, your response) 15. Points earned: 2 out of 2
15. Patents to protect inventions; and industrial designs, which are aesthetic creations determining the appearance of industrial products, as well as trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications, and protection against unfair competition fall under: Industrial property (correct answer, your response) Copyright and related rights Lay-out designs of integrated circuits Pharmaceuticals Commercial Property 16. Points earned: 2 out of 2
16. The term of protection for works of applied art is: Lifetime of the author, plus fifty (50) years after his death. Twenty-five (25) years from the date of making. (correct answer, your response) Fifty (50) years from date of publication and, if unpublished, from the date of making. None of the above. 17. Points earned: 1 out of 1
17. Under Section 216.1 (b), in case the infringer was not aware and had no reason to believe that his acts constitute an infringement of copyright, the court, in its discretion, may reduce the award of statutory damages to a sum of not more than Ten Thousand Pesos (Php10,000.00), except when the infringer, having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, remove or alter any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies of works without authority, knowing that electronic rights management information has been removed or altered without authority. In such a case, the award of damages shall be: double the reduced statutory damages; double the statutory damages provided in case of infringement, absent any good faith; (your response) triple the reduced statutory damages; triple the statutory damages provided in case of infringement, absent any good faith; 18. Points earned: 0 out of 2
18. Under the amended Section 217.2, it is provided that the medium penalties stated in Section 217.1 (a), (b) and (c) shall be imposed when the infringement is committed by the removal or alteration of any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, by a person, knowingly and without authority. True False (correct answer, your response) 19. Points earned: 2 out of 2
19. Notwithstanding the provisions of Subsection 177.1, any library or archive whose activities are not for profit may, without the authorization of the author or copyright owner, make a ___________ number of copies of the work, as may be necessary for such institutions to fulfill their mandate, by reprographic reproduction:
limited (correct answer, your response) multiple one two unlimited 20. Points earned: 1 out of 1
20. In 1841, Thomas Babington MacCaulay, in a speech delivered on the floor of the House of Commons, declared:
"It is good that authors should be remunerated; and the least exceptionable way of remunerating them is by a monopoly. Yet monopoly is an evil. For the sake of the good we must submit to the evil; but the evil ought not to last a day longer than is necessary for the purpose of securing the good."
MacCaulay is justifying the grant of monopoly to authors. (correct answer, your response) MacCaulay is condemning authors for espousing monopoly. MacCaulay believes that evil cannot be justified under any circumstance. MacCaulay is taking exception from or disagrees with the proposition that authors must be remunerated. 21. Points earned: 2 out of 2
21. The term WIPO Internet Treaties is used to refer to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, to address issues emerging out of the digital environment and to provide protection to domain name disputes and conflicts in the Internet. True False (correct answer, your response) 22. Points earned: 2 out of 2
22. Copyright shall consist of the exclusive right to carry out, authorize or prevent public performance of a work. However, the recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society, will not constitute infringement. These two statements are inconsistent and conflict with one another.
Copyright allows some monopoly subject to some limitations provided by law. (correct answer, your response)
Copyright subsists from the moment of creation; hence, no formal acts need be done to enjoy legal protection.
Copyright subsists from the moment of creation; nevertheless, registration is required to enjoy legal protection. 23. Points earned: 1 out of 1
23. Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he bequeathed his Memoirs, consisting of one thousand hand-written pages, recounting his adventures of a lifetime to his mistress, Lolita. However, during his heyday, he entered into a Publication Agreement with Garbage Publications whereby, during his lifetime and ten years after his death, he assigned all his rights to his Memoirs to the latter. After Senor Lauro was buried, Lolita hired you as counsel and sought your legal advice on the feasibility of demanding from Garbage Publications the royalties owing to Senor Lauro, since Lolita is now the owner of the Memoirs. You will advise Lolita that:
She has every legal right to collect from Garbage Publications because she owns the Memoirs.
She has no legal right to collect because the mere ownership of the Memoirs does not mean that she owns the copyright to the Memoirs. (correct answer, your response) She has the legal right to be declared by a court of law as the owner copyright over the Memoirs. None of these. 24. Points earned: 1 out of 1
24. In Elidad Kho versus CA, the Supreme Court said that For some reason or another, petitioner never secured a patent for the light boxes. It therefore acquired no patent rights which could have protected its invention, if in fact it really was. And because it had no patent, petitioner could not legally prevent anyone from manufacturing or commercially using the contraption. True (correct answer, your response) False 25. Points earned: 2 out of 2
25. Copyright itself does not depend on official procedures. A created work is considered protected by copyright as soon as it exists. According to the Berne Convention for the Protection of Literary and Artistic Works, literary and artistic works are protected without any formalities in the countries party to that Convention.
True. Thus, WIPO does not offer any kind of copyright registration system. (correct answer, your response) False. Thus, WIPO offers a system of International Trademark Registration. False.Thus, WIPO offers a system of International Copyright Registration. True.Thus, WIPO does not support a system of International Trademark Registration. 26. Points earned: 1 out of 1
26. In the case of a work-commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary. True (correct answer, your response) False 27. Points earned: 1 out of 1
27. Peter Fowler secured a copyright over his drawing of an advertising display stand under the classification class"O" work, which covers prints, pictorial illustrations, advertising copies, labels, tags, and box wraps. This being so, Peter's copyright protection extended only to the technical drawings and not to the stand itself because the latter was not at all in the category of "prints, pictorial illustrations, advertising copies, labels, tags and box wraps." Stated otherwise, even as Peter indeed owned a valid copyright, the same could have referred only to the technical drawings within the category of "pictorial illustrations." It also have possibly stretched out to include the underlying advertising stand. True False (correct answer, your response) 28. Points earned: 2 out of 2
28. Lawrence Lessig has described the Internet, thus,For the holder of copyright, cyberspace appears to be the worst of both worlds a place where the ability to copy could not be better, and where the protection of the law could not be worse. (Lawrence Lessig, Code and Other Laws of Cyberspace). This means that:
There is little or no sanction for unauthorized copying; technology has provided the facility to copy like never before. (correct answer, your response)
There is sufficient sanction for unauthorized copying; technology has provided adequate measures to prevent copying.
There is little or no sanction for unauthorized technology; copying has provided the opportunity to poor countries for learning. None of the above. 29. Points earned: 2 out of 2
29. Moral rights pertain to Paternity and Filiation Accountability and Integrity Attribution and integrity (correct answer, your response) Retribution and Punishment All of the above. 30. Points earned: 1 out of 1
30. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited number of copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. , which is understood here to be the reproduction of the code and translation of the forms of a computer program to achieve the inter-operability of an independently created computer program with other programs may also constitute fair use under the criteria established by this section, to the extent that such decompilation is done for the purpose of obtaining the information necessary to achieve such inter-operability.
The following answer is acceptable: Decompilation
Your response: decompilation
Points earned: 1 out of 1
31. Jessie holds a copyright registration for a Utility Model, Leaf Spring Eye Bushing for Automobile made up of plastic. It is described as
comprising a generally cylindrical body having a co-axial bore that is centrally located and provided with a perpendicular flange on one of its ends and a cylindrical metal jacket surrounding the peripheral walls of said body, with the bushing made of plastic that is either polyvinyl chloride or polypropylene.[31] Likewise, the Vehicle Bearing Cushion is illustrated as a bearing cushion comprising a generally semi-circular body having a central hole to secure a conventional bearing and a plurality of ridges provided therefore, with said cushion bearing being made of the same plastic materials.
Jennifer produced and distributed similar bushings. Jessie sued for copyright infringement. The suit will not prosper because:
The bushings are not intellectual creations in the literary and artistic domain, or works of applied art. They are certainly not ornamental designs or one having decorative quality or value.
The bushings are useful articles which have an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. A and B (correct answer, your response) None of these. 32. Points earned: 1 out of 1
32. Copy control measures seek to control the use of protected content once users have access to the work. Examples are: serial copy management systems for audio digital taping devices, and scrambling systems for DVDs that prevent third parties from reproducing content without authorization. True False (your response) 33. Points earned: 0 out of 2
33. Examples of access control TPM include: cryptography, passwords, and digital signatures. In short, these measures are deployed to ensure unlimited access to protected content to users who are authorized to such access. True False (correct answer, your response) 34. Points earned: 2 out of 2
34. Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation. Which among the following properties does not belong? Dan Brown's Da Vinci Code Classroom Lecture of Atty. Rodroguez, not reduced in writing Inquirer Libre Leah Salonga's rendition of "Can We Just Stop and Talk a While?" (correct answer, your response) None of these. 35. Points earned: 1 out of 1
35. Under Section 216.1 (b) of the IP Code, if the copyright owner (or proprietor of related rights) decides not to prove his damages and profits, he losses the right to be able to recover damages; he may opt to recover statutory damages before final judgment (correct answer, your response)
There is little or no sanction for unauthorized copying as technology has provided the facility to copy like never before. He may opt to avail of administrative remedies. 36. Points earned: 2 out of 2
36. Examples of access control TPM include: cryptography, passwords, and digital signatures. In short, these measures are deployed to ensure unlimited access to protected content to users who are authorized to such access. True (your response) False 37. Points earned: 0 out of 2
37. Probable cause has been uniformly defined as such facts and circumstances which would lead a reasonable, discreet and prudent man to believe that an offense has been committed, and that the objects sought in connection with the offense are in the place sought to be searched.
Under prevailing jurisprudence, the determination of probable cause
Requires the presentation of master tapes as enunciated in the case of 20TH CENTURY FOX FILM CORPORATION, petitioner, vs. COURT OF APPEALS, EDUARDO M. BARRETO, RAUL SAGULLO and FORTUNE LEDESMA, [G.R. Nos. L-76649-51. August 19, 1988.] May be delegated to a Commissioner under the 1997 Rules of Civil procedure.
Must adhere to the requirement that "no less than personal knowledge by the complainant or his witnesses of the facts upon which the issuance of a search warrant may be justified" in order to convince the judge, not the individual making the affidavit and seeking the issuance of the warrant, of the existence of a probable cause. (correct answer, your response) None of the above. 38. Points earned: 1 out of 1
38. The term of protection for audio-visual works including those produced by process analogous to photography or any process for making audio-visual recordings is: Lifetime of the author, plus fifty (50) years after his death. Twenty-five (25) years from the date of making.
Fifty (50) years from date of publication and, if unpublished, from the date of making. (correct answer, your response) None of the above. 39. Points earned: 1 out of 1
39. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF APPEALS, SUNSHINE HOME VIDEO, INC. and DANILO A. PELINDARIO, respondents., [G.R. No. 110318. August 28, 1996.], it was held that It is evidently incorrect to suggest, as the ruling in 20th Century Fox may appear to do, that in copyright infringement cases, the presentation of master tapes of the copyrighted films is always necessary to meet the requirement of probable cause and that, in the absence thereof, there can be no finding of probable cause for the issuance of a search warrant. Xxx The foregoing statement was made because:
The obtainment of a license prescribed by Section 125 of the Corporation Code is not a condition precedent to the maintenance of any kind of action in Philippine courts by foreign corporation.
The word 'perform' as used in the Act has been applied to "One who plays a musical composition on a piano, thereby producing in the air sound waves which are heard as music . . . and if the instrument he plays on is a piano plus a broadcasting apparatus, so that waves are thrown out, not only upon the air, but upon the other, then also he is performing the musical composition." (Buck, et al. v. Duncan, et al.; Same v. Jewell-La Salle Realty Co., 32F. 2d. Series 367).
To be able to effectively and legally preclude others from copying and profiting from the invention, a patent is a primordial requirement. None of the above. (correct answer, your response) 40. Points earned: 2 out of 2
40. The IP Code is Rep Act No 8293 (correct answer, your response) PD 49 Rep Act No 9239 Rep Act 100372 Rep Act No 10088 41. Points earned: 2 out of 2
41. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF APPEALS, SUNSHINE HOME VIDEO, INC. and DANILO A. PELINDARIO, respondents., [G.R. No. 110318. August 28, 1996.], the thrust of the ruling is to the effect that The essence of a copyright infringement is the similarity or at least substantial similarity of the purported pirated works to the copyrighted work. Hence, the applicant must present to the court the copyrighted films to compare them with the purchased evidence of the video tapes allegedly pirated to determine whether the latter is an unauthorized reproduction of the former. This linkage of the copyrighted films to the pirated films must be established to satisfy the requirements of probable cause. Mere allegations as to the existence of the copyrighted films cannot serve as basis for the issuance of a search warrant.
True. In the absence thereof, there can be no finding of probable cause for the issuance of a search warrant.
False. It is true that such master tapes are object evidence, with the merit that in this class of evidence the ascertainment of the controverted fact is made through demonstrations involving the direct use of the senses of the presiding magistrate. Such auxiliary procedure, however, does not rule out the use of testimonial or documentary evidence, depositions, admissions or other classes of evidence tending to prove the factum probandum. (correct answer, your response)
True. It is true that such master tapes are object evidence, with the merit that in this class of evidence the ascertainment of the controverted fact is made through demonstrations involving the direct use of the senses of the presiding magistrate. Such auxiliary procedure, however, does not rule out the use of testimonial or documentary evidence, depositions, admissions or other classes of evidence tending to prove the factum probandum.
False. In the absence thereof, there can be no finding of probable cause for the issuance of a search warrant. 42. Points earned: 1 out of 1
42. Yvonne 43. is the school director/adviser of the San Beda College High School drama club. The play she selected for the celebration of the School Foundation Day was a not-so-known play which she thought would showcase the talent of her young actors and actresses. Unfortunately, the writer of the play who happened to be Yvonnes suitor whom Yvonne rejected ten years ago was unwilling to grant a license to the play for high school productions. Yvonnes best argument for avoiding liability for copyright infringement on the part of San Beda College if she decided to go ahead and use the material from the play, WITHOUT THE WRITERS CONSENT, is: The school as an educational institution cannot be sued in court.
The public performance of a work, in a place where no admission fee is charged, by an institution for educational purpose only, whose aim is not profit making does not constitute copyright infringement; (correct answer, your response) Any play performed by a high school is educational and qualifies as fair use. None of the above. 44. Points earned: 1 out of 1
43. Under the amended Section 216.1 (b), an infringer shall be liable for actual damages and profits. In cases where he a) circumvents effective technological measures; or b) having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, removes or alters any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies of works without authority, knowing that electronic rights management information has been removed or altered without authority, the infringer shall be liable for triple the amount of damages. True False (correct answer, your response) 44. Points earned: 2 out of 2
44. Copyright, in the strict sense of the term, is purely a statutory right. It is a new or independent right granted by the statute, and not simply a pre-existing right regulated by the statute. Being a statutory grant, the rights are only such as the statute confers, and may be obtained and enjoyed only with respect to the subjects and by the persons, and on terms and conditions specified in the statute.
Since . . . copyright in published works is purely a statutory creation, a copyright may be obtained only for a work falling within the statutory enumeration or description.
The foregoing was cited by the Supreme Court in Joaquin versus Drilon, G.R. No. 108946. January 28, 1999, to arrive at the conclusion that the format or mechanics of a television show is not included in the list of protected works xxx. The legal basis is
The copyright is distinct from the property in the material object subject to it. Consequently, the transfer or assignment of the copyright shall not itself constitute a transfer of the material object. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work imply transfer or assignment of the copyright.
Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any idea, procedure, system method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof. (correct answer, your response)
In an action under this Chapter, an affidavit made before a notary public by or on behalf of the owner of the copyright in any work or other subject matter and stating that: (a) At the time specified therein, copyright subsisted in the work or other subject matter; (b) He or the person named therein is the owner of the copyright; and (c) The copy of the work or other subject matter annexed thereto is a true copy thereof, shall be admitted in evidence in any proceedings for an offense under this Chapter and shall be prima facie proof of the matters therein stated until the contrary is proved, and the court before which such affidavit is produced shall assume that the affidavit was made by or on behalf of the owner of the copyright.
The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. 45. Points earned: 1 out of 1
45. Frederick Perez wrote and published The Secret of Beauty, a book on how to be a successful hairstylist. Frederick Lopez, an aspiring hair cutter, saw the book at National Book Store and bought a copy. He took pains to study the different styles and strokes described by Frederick Perez in his book. Soon, applying the techniques he learned, Frederick Lopez became a much sought-after hairstylist. He always would say that what he is and what he knows, he learned from the book of Frederick Perez. Hearing these words, Frederick Perez felt he has been cheated by Frederick Lopez.
As counsel for Frederick Perez, on whether copyright infringement has been committed, you would advise him: To immediately sue for copyright infringement of his book, The Secret of Beauty.
To first register and make a deposit of his book with the National Library, so that he can sue for infringement.
To relax because no copyright infringement has been committed by Frederick Lopez. (correct answer, your response) To sue because the acts of Frederick Lopez may be considered as unfair use. 46. Points earned: 1 out of 1
46. The reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose shall not constitute infringement of copyright. True (correct answer, your response) False 47. Points earned: 1 out of 1
47. In FILIPINO SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, INC., plaintiff-appellant, vs. BENJAMIN TAN, defendant-appellee. In G.R. No. L-36402. March 16, 1987.], it was held that "If the rights under the copyright are infringed only by a performance where money is taken at the door, they are very imperfectly protected. Performances not different in kind from those of the defendants could be given that might compete with and even destroy the success of the monopoly that the law intends the plaintiffs to have. It is enough to say that there is no need to construe the statute so narrowly. The defendants' performances are not eleemosynary. Xxx Eleemosynary means: Befitting of applause and admiration. Simply charitable. (correct answer, your response) For profit and gain. Literary and artistic. 48. Points earned: 1 out of 1
48. Kyle So entered into a contract with Rose Publishing for writing a series of articles on The Procreation of Bees. For the project, Kyle was paid a down payment of P500,000.00, with the balance of P250,000.00 payable upon his submission of the last article not later than ten months later. Subsequently, Kyle met a girl, Kyota Shu, with whom he fell madly in love. He could not eat; he could not work. He was useless. Alas, see what unrequited love can do! The ten-month period elapsed and Kyle failed to submit even one of his articles, though he had actually written two. Rose Publishing is furious and approaches you.
You advise Rose Publishing to file an action for performance or rescission with damages, in either case, under the provisions of the New Civil Code.
You advise Rose Publishing to file an action for damages only due to breach of contract because he cannot be compelled to write his articles or publish them. (correct answer, your response)
You advise Rose Publishing to secure from Kyle his permission to use his name to by-line articles written by another person
You advise Rose Publishing that infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright, and, therefore, protected by law. 49. Points earned: 1 out of 1
49. The term of protection for performances not incorporated in recordings is:
Fifty (50) years from the end of the year in which they took place. Fifty (50) years from the end of the year in which they took place. Twenty (20) years from the date they took place. (correct answer, your response) Thirty (30) years from the end of the year in which they took place. Twenty (20) years from the date they took place. None of the above. 50. Points earned: 1 out of 1
50. 171.10. A is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale;
The following answer is acceptable: work of applied art
Your response: work of applied art
Points earned: 1 out of 1
51. Works are protected by the sole fact of their , irrespective of their mode or form of expression, as well as of their content, quality and purpose. (Sec. 2, P. D. No. 49a)
The following answer is acceptable: creation
Your response: creation
Points earned: 1 out of 1
52. Under ARTICLE XII on NATIONAL ECONOMY AND PATRIMONY, Section 14 of the Constitution, it is provided that The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be ________ by the State. The State shall encourage appropriate technology and regulate its transfer for the national benefit. The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law. promoted (correct answer, your response) encouraged understood deemphasized 53. Points earned: 2 out of 2
53. Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original as wells the right to control the reconstruction or rehabilitation in the same style as the original of a building to which the copyright relates. True (your response) False 54. Points earned: 0 out of 1
54. When I turn 64, I plan on inviting all my of my friends from six decades to a giant party where food and wine will flow as never before. There will be dancing, games and merry-making. It will be a night never to be forgotten. Before the evening shall end, I plan to distribute my autobiography, a book bound in soft calf leather with gold-edged pages, entitled "It's My Life, Idiot!" If you are brilliant, you will open the book and you will find that NOT A WORD IS WRITTEN ON ANY OF THE PAGES. (It's my life, idiot!) As an IP student, what do you ask yourself: "Is this guy crazy?" or "Is he saying his life is empty?" or "Is his autobiography protected by copyright?" What is your best answer to your last question? No, because while he has and is living his life, his story has yet to be told.
Yes, because it's clear that the story of his life is empty. His book more than eloquently expresses such emptiness. No, because, if you only know, his life is a tapestry of scandals, wild sex, shame and undeserved fortunes.
Yes, because every man has a copyright over his life. The telling of his story comes a little later. (your response) None of these. 55. Points earned: 0 out of 1
55. Collections of literary, scholarly or artistic works, and compilations of data and other materials may be considered as new works if they are original by reason of the * of their contents. Choose ALL correct answers. selection (correct answer, your response) coordination (correct answer, your response) arrangement (correct answer, your response) choreography reproduction usefulness visibility popularity 56. Points earned: 1 out of 1
56. Jose Poloyapoy sold to Kislap Publishing (Kislap) a manuscript containing his adventures in scaling the heights of Mt. Everest. Kislap then published his manuscript claiming that it has acquired the copyright in and to Joses written adventure stories. Kislaps contention is wrong because:
A transfer or assignment of the sole copy or of one or several copies of a work does not imply transfer or assignment of the copyright. (correct answer, your response)
The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for publication shall constitute only a license to make a single publication unless a greater right is expressly granted. The copyright is identical with the property in the material object subject to it. The copyright may be assigned in whole or in part. 57. Points earned: 1 out of 1
57. Dillman Publishing Company commissioned Braille experts to transcribe popular novels, like the Twilight, Harry Potter and Lord of the Ring series, into Braille. It made sure that the respective authors were properly informed of the project and cited in the finished products. Believing that the project was ahead-of- its-time, Dillman Publishing intended to the the books at a premium. Would it be violating any copyright?
No. the reproduction or distribution of published articles or materials in a specialized format exclusively for the use of the blind, visually- and reading-impaired persons does not constitute a violation of copyright.
No. Dillman Publishing indicated the copyright owners and the date of the original publication of the transcribed books.
Yes. The provisions of the law shall be interpreted in such a way as to allow the work to be used in a manner which does not conflict with the normal exploitation of the work and does not unreasonably prejudice the right holder's legitimate interest.
Yes. Dillman Publishing sold and distributed the Braille-formatted books for profit. (correct answer, your response) None of the above. 58. Points earned: 1 out of 1
58. In Habana versus Robles, G.R. No. 131522. July 19, 1999, technical considerations and similarity in the background and training of the contending authors were rejected by the Supreme Court as sufficient explanation or justification for the similarities in the two works.
This case is authority for the proposition that:
"The proposition is peace. Not peace through the medium of war; not peace to be hunted through the labyrinth of intricate and endless negotiations; not peace to arise out of universal discord, fomented from principle, in all parts of the empire; not peace to depend on the juridical determination of perplexing questions, or the precise marking of the boundary of a complex government. It is simple peace; sought in its natural course, and in its ordinary haunts. It is peace sought in the spirit of peace, and laid in principles purely pacific.
If so much is taken that the value of the original work is substantially diminished, there is an infringement of copyright and to an injurious extent, the work is appropriated. (correct answer, your response)
Copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the public performance of the work; and other communication to the public of the work.
In case of works of joint authorship, the economic rights shall be protected during the life of the last surviving author and for fifty (50) years after his death. 59. Points earned: 1 out of 1
59. Under Section 216.1 (b), in case the infringer was not aware and had no reason to believe that his acts constitute an infringement of copyright, the court, in its discretion, may reduce the award of statutory damages to a sum of not more than Ten Thousand Pesos (Php10,000.00), except when the infringer, having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, remove or alter any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies of works without authority, knowing that electronic rights management information has been removed or altered without authority. In such a case, the award of damages shall be: double the reduced statutory damages; (correct answer, your response) double the statutory damages provided in case of infringement, absent any good faith; triple the reduced statutory damages; triple the statutory damages provided in case of infringement, absent any good faith; 60. Points earned: 2 out of 2
60. 171.5. is the transfer of possession of the original or a copy of a work or sound recording for a limited period, for non-profit purposes, by an institution the services of which are available to the public, such as public library or archive;
The following answer is acceptable: Public lending
Your response: public lending
Points earned: 1 out of 1
61. The term WIPO Internet Treaties is used to refer to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, to address issues emerging out of the digital environment and to provide protection to domain name disputes and conflicts in the Internet. True False (correct answer, your response) 62. Points earned: 2 out of 2
62. Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner shall constitute infringement of copyright. True False (correct answer, your response) 63. Points earned: 1 out of 1
63. By originality is meant that the material was not copied, and evidences at least minimal creativity; that it was independently created by the author and that it possesses at least same minimal degree of creativity. Originality is a requirement of Patentability Paternity Copyright protection (correct answer, your response) Industrial applicability Novelty 64. Points earned: 1 out of 1
64. The rights of copyright are limited to what the statute confers. They may be obtained and enjoyed only with respect to the subjects and by the-persons, and on terms and conditions specified in the statute. Accordingly:
it can cover only the works falling within the statutory enumeration or description. (correct answer, your response) it can cover also the works falling beyond the statutory enumeration or description. it can cover all the works falling outside the statutory enumeration or description. None of the above. 65. Points earned: 2 out of 2
65. The private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright in the work, EXCEPT IN THE FOLLOWING CASES: Choose ALL correct answers. A work of architecture in form of building or other construction (correct answer, your response)
An entire book, or a substantial part thereof, or of a musical work in which graphics form by reprographic means; (correct answer, your response)
Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work (correct answer, your response) Any work in cases where reproduction would not prejudice the legitimate interests of the author. All of the these. 66. Points earned: 1 out of 1
66. Levin Okoda, principal architect of Manresa and Associates, was engaged by San Miguel Industries to prepare the architectural plans of the latters proposed home office in Ortigas Center. Roben Ysmael, CEO of San Miguel, liked the plans so much and, without batting an eyelash, paid the professional fees being collected by Okoda of Manresa. Subsequently, Roben engaged the services of his cum padre, Regis Legum, who owns a competing architectural firm, for the construction of the building based on the plans. When Okoda learned about this development, he called Roben to offer his services to undertake the construction. Roben refused. Okoda now consults you and asks what he can do in the premises. Your advice shall be:
Forget it. Okoda already made money from preparing the plans. By accepting such payment, Okoda gave Roben the right to construct the building based on his plan.
Advise Okoda that he has the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original. (correct answer, your response)
Advise Okoda that the private reproduction of a work of architecture in form of building even in a single copy by a natural person and even for exclusively for research and private study, shall not be permitted, without his authorization. All of the above. 67. Points earned: 1 out of 1
67. The term of protection for copyrighted works under Sections 172 and 173 is: Lifetime of the author, plus fifty (50) years after his death. (correct answer, your response) Twenty-five (25) years from the date of making. Fifty (50) years from date of publication and, if unpublished, from the date of making. None of the above. 68. Points earned: 1 out of 1
68. Public display of the original or a copy of the work not made by means of a film, slide, television image or otherwise on screen or by means of any other device or process shall not constitute infringement of copyright. Provided, That either the work has been published, or, that original or the copy displayed has been sold, given away or otherwise transferred to another person by the author or his successor in title. True False (your response) 69. Points earned: 0 out of 1
69. Copyright, in the strict sense of the term, is purely a right. As such, the rights are limited to what the statute confers. It may be obtained and enjoyed only with respect to the subjects and by the- persons, and on terms and conditions specified in the statute.
The following answer is acceptable: statutory
Your response: statutory
Points earned: 2 out of 2
70. Sec. 188. Reprographic Reproduction by Libraries. - 188.1 Notwithstanding the provisions of Subsection 177.1, any library or archive whose activities are not for profit may, ________ the authorization of the author or copyright owner, make a limited number of copies of the work, as may be necessary for such institutions to fulfill their mandate, by reprographic reproduction. With without (correct answer, your response) together outside of provided that 71. Points earned: 1 out of 1
1. The U. S. Supreme Court in the Sony v. Universal Case, 464 U.S. 417 (1984), declared that the monopoly granted to authors of copyrightable works to enjoy the fruits of their labor is neither unlimited nor primarily designed to provide a special private benefit. It is understood to be a means to an end. True. Public access to works is a means to protect special private benefit.
True. Special private benefit is a means to ensure and promote a public interest. (correct answer, your response)
False. Special private benefit is a means to ensure and promote a public interest. False. Public access to works is a means to protect special private benefit.
Points earned: 2 out of 2
2. In FILIPINO SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, INC., plaintiff-appellant, vs. BENJAMIN TAN, defendant-appellee. In G.R. No. L- 36402. March 16, 1987.], it was held that "If the rights under the copyright are infringed only by a performance where money is taken at the door, they are very imperfectly protected. Performances not different in kind from those of the defendants could be given that might compete with and even destroy the success of the monopoly that the law intends the plaintiffs to have. It is enough to say that there is no need to construe the statute so narrowly. The defendants' performances are not eleemosynary. Xxx Eleemosynary means:
Simply charitable. (correct answer, your response) Literary and artistic. Befitting of applause and admiration. For profit and gain.
Points earned: 1 out of 1
3. The recordal system of registration in the Copyright Office is different from the Trademark system of registration in that
In the Trademark Register, the issuance of registration is ministerial upon submission of an application that is complete in form and substance.
The National Library undertakes a procedure to verify the veracity of the claim of authorship by a registrant with respect to a copyrightable work. (your response)
In the Trademark Register, there is a substantive examination conducted to determine the registrability of copyrightable works. None of the above. (correct answer)
Points earned: 0 out of 2
4. In 1841, Thomas Babington MacCaulay, in a speech delivered on the floor of the House of Commons, declared:
"It is good that authors should be remunerated; and the least exceptionable way of remunerating them is by a monopoly. Yet monopoly is an evil. For the sake of the good we must submit to the evil; but the evil ought not to last a day longer than is necessary for the purpose of securing the good."
MacCaulay is taking exception from or disagrees with the proposition that authors must be remunerated. MacCaulay is condemning authors for espousing monopoly.
MacCaulay is justifying the grant of monopoly to authors. (correct answer, your response) MacCaulay believes that evil cannot be justified under any circumstance.
Points earned: 2 out of 2
5. 187.2. The permission granted under Subsection 187.1 (the private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study) shall not extend to a computer program except as provided in Section 189; True (correct answer, your response) False
Points earned: 1 out of 1
6. Yvonne is the school director/adviser of the San Beda College High School drama club. The play she selected for the celebration of the School Foundation Day was a not-so-known play which she thought would showcase the talent of her young actors and actresses. Unfortunately, the writer of the play who happened to be Yvonnes suitor whom Yvonne rejected ten years ago was unwilling to grant a license to the play for high school productions. Yvonnes best argument for avoiding liability for copyright infringement on the part of San Beda College if she decided to go ahead and use the material from the play, WITHOUT THE WRITERS CONSENT, is: The school as an educational institution cannot be sued in court.
The public performance of a work, in a place where no admission fee is charged, by an institution for educational purpose only, whose aim is not profit making does not constitute copyright infringement; (correct answer, your response) Any play performed by a high school is educational and qualifies as fair use. None of the above.
Points earned: 1 out of 1
7. Moral rights pertain to Paternity and Filiation Accountability and Integrity
Attribution and integrity (correct answer, your response) Retribution and Punishment All of the above.
Points earned: 1 out of 1
8. 172.1 Literary and artistic works are intellectual creations in the literary and artistic domain protected from the moment of their creation.
The following answer is acceptable: original
Your response: ORIGINAL
Points earned: 1 out of 1
9. In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL MERCHANDISING and COMPANY, and ANG TIAM CRAY, G.R. No. 115758. March 19, 2002, petitioner who had copyright over Chin Chun Su and Oval Facial Cream Container/Case (Certificates of Copyright Registration No. 0- 1358 and No. 0-3678) and patent rights on Chin Chun Su & Device and Chin Chun Su for medicated cream (Registration Certificate No. 4529 under the Supplemental Register of the Philippine Patent Office) failed to secure an injunction against persons who advertised and sold petitioner's cream products under the brand name Chin Chun Su, in similar containers that petitioner uses.
The reason for the failure of Khos case was: Trademark rights are acquired through registration. (correct answer)
The copyright of the treatise does not give to the author the exclusive right to the art or manufacture described in his work.
The background and training of the contending authors were rejected by the Supreme Court as sufficient explanation or justification for the similarities in the two works. None of the above. (your response)
Points earned: 0 out of 1
10. In Elidad Kho versus CA, the Supreme Court said that For some reason or another, petitioner never secured a patent for the light boxes. It therefore acquired no patent rights which could have protected its invention, if in fact it really was. And because it had no patent, petitioner could not legally prevent anyone from manufacturing or commercially using the contraption. True (correct answer, your response) False
Points earned: 2 out of 2
11. Lawrence Lessig has described the Internet, thus,For the holder of copyright, cyberspace appears to be the worst of both worlds a place where the ability to copy could not be better, and where the protection of the law could not be worse. (Lawrence Lessig, Code and Other Laws of Cyberspace). This means that:
There is little or no sanction for unauthorized copying; technology has provided the facility to copy like never before. (correct answer, your response)
There is sufficient sanction for unauthorized copying; technology has provided adequate measures to prevent copying.
There is little or no sanction for unauthorized technology; copying has provided the opportunity to poor countries for learning. None of the above.
Points earned: 2 out of 2
12. The private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright in the work, EXCEPT IN THE FOLLOWING CASES: Choose ALL correct answers.
A work of architecture in form of building or other construction (correct answer, your response) All of the these.
Any work in cases where reproduction would not prejudice the legitimate interests of the author. (your response)
Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work (correct answer)
An entire book, or a substantial part thereof, or of a musical work in which graphics form by reprographic means; (correct answer, your response)
Points earned: 0 out of 1
13. The publisher of a book, in addition to the right to publish, shall have a copyright consisting merely of the right of:
reproduction of the typographical arrangement of the published edition of the work (correct answer, your response) adaptation of the musical arrangement of the published edition of the work
reproduction of the technical arrangement of the published edition of the work transformation of the published edition of the work
Points earned: 1 out of 1
14. Pia Bautista, as the vocalist of a band, plans to perform five original songs composed by Alex Pormento during a concert at the UP Theater for the benefit of the Philippine Red Cross. These songs were never recorded, publicly played or performed before by anyone, anywhere. What should Pia do to ensure that she commits no copyright violation?
Change the venue to a private place. Do not charge for the show or otherwise make profit.
Make the concert strictly for a charitable or religious institution or society. (your response) Get permission from Alex to perform the songs. None of the above. (correct answer)
Points earned: 0 out of 1
15.Levin Okoda, principal architect of Manresa and Associates, was engaged by San Miguel Industries to prepare the architectural plans of the latters proposed home office in Ortigas Center. Roben Ysmael, CEO of San Miguel, liked the plans so much and, without batting an eyelash, paid the professional fees being collected by Okoda of Manresa. Subsequently, Roben engaged the services of his cum padre, Regis Legum, who owns a competing architectural firm, for the construction of the building based on the plans. When Okoda learned about this development, he called Roben to offer his services to undertake the construction. Roben refused. Okoda now consults you and asks what he can do in the premises. Your advice shall be:
Forget it. Okoda already made money from preparing the plans. By accepting such payment, Okoda gave Roben the right to construct the building based on his plan.
Advise Okoda that he has the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original. (correct answer, your response)
Advise Okoda that the private reproduction of a work of architecture in form of building even in a single copy by a natural person and even for exclusively for research and private study, shall not be permitted, without his authorization. All of the above.
Points earned: 1 out of 1
16. Jose Poloyapoy sold to Kislap Publishing (Kislap) a manuscript containing his adventures in scaling the heights of Mt. Everest. Kislap then published his manuscript claiming that it has acquired the copyright in and to Joses written adventure stories. Kislaps contention is wrong because:
The copyright is identical with the property in the material object subject to it.
A transfer or assignment of the sole copy or of one or several copies of a work does not imply transfer or assignment of the copyright. (correct answer, your response) The copyright may be assigned in whole or in part.
The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for publication shall constitute only a license to make a single publication unless a greater right is expressly granted.
Points earned: 1 out of 1
17. The U. S. Supreme Court in the Sony v. Universal Case, 464 U.S. 417 (1984), declared that the monopoly granted to authors of copyrightable works to enjoy the fruits of their labor is neither unlimited nor primarily designed to provide a special private benefit. It is understood to be a means to an end. True. Public access to works is a means to protect special private benefit.
True. Special private benefit is a means to ensure and promote a public interest. (correct answer, your response)
False. Special private benefit is a means to ensure and promote a public interest. False. Public access to works is a means to protect special private benefit.
Points earned: 2 out of 2
18. According to WIPO, Intellectual property is usually divided into two branches. Choose ALL correct answers.
Copyright and related rights (correct answer) Pharmaceuticals utility models Inventions
Industrial property (correct answer, your response) Trademarks
Points earned: 0 out of 2
19. Rights Management Information, as defined in Article 12 (2) of the WCT and Article 19 (2) of the WPPT, are:
items of information that are attached to a copy of a work, fixed performance or phonogram or which appear in connection with the communication thereof to the public. Such information may identify the work and its author, or the performance and its performer, the phonogram and its producer, the owner of any right in the performance or phonogram, or information about the terms and conditions of use of the work, performance or phonogram, and any numbers or codes that represent such information. (correct answer, your response) serial copy management systems for audio digital taping devices, and scrambling systems for DVDs that prevent third parties from reproducing content without authorization.
an electronic or similar device having information-processing capabilities, and a sets of instructions expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium that the computer can read, or causing the computer to perform or achieve a particular task or result;
works, which, with the consent of the authors, are made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them.
works created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities, including government-owned or controlled corporations as part of his regularly prescribed official duties.
Points earned: 2 out of 2
20. Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he bequeathed his Memoirs, consisting of one thousand hand-written pages, recounting his adventures of a lifetime to his mistress, Lolita. However, during his heyday, he entered into a Publication Agreement with Garbage Publications whereby, during his lifetime and ten years after his death, he assigned all his rights to his Memoirs to the latter. After Senor Lauro was buried, Lolita hired you as counsel and sought your legal advice on the feasibility of demanding from Garbage Publications the royalties owing to Senor Lauro, since Lolita is now the owner of the Memoirs. You will advise Lolita that:
She has every legal right to collect from Garbage Publications because she owns the Memoirs.
She has no legal right to collect because the mere ownership of the Memoirs does not mean that she owns the copyright to the Memoirs. (correct answer, your response)
She has the legal right to be declared by a court of law as the owner copyright over the Memoirs. None of these.
Points earned: 1 out of 1
21. Copyright shall consist of the exclusive right to carry out, authorize or prevent public performance of a work. However, the recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society, will not constitute infringement.
Copyright allows some monopoly subject to some limitations provided by law. (correct answer, your response)
Copyright subsists from the moment of creation; hence, no formal acts need be done to enjoy legal protection.
Copyright subsists from the moment of creation; nevertheless, registration is required to enjoy legal protection. These two statements are inconsistent and conflict with one another.
Points earned: 1 out of 1
22. Examples of access control TPM include: cryptography, passwords, and digital signatures. In short, these measures are deployed to ensure unlimited access to protected content to users who are authorized to such access. True False (correct answer, your response)
Points earned: 2 out of 2
23. Under Section 216.1 (b), in case the infringer was not aware and had no reason to believe that his acts constitute an infringement of copyright, the court, in its discretion, may reduce the award of statutory damages to a sum of not more than Ten Thousand Pesos (Php10,000.00), except when the infringer, having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, remove or alter any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies of works without authority, knowing that electronic rights management information has been removed or altered without authority. In such a case, the award of damages shall be: double the reduced statutory damages; (correct answer)
double the statutory damages provided in case of infringement, absent any good faith; (your response) triple the reduced statutory damages;
triple the statutory damages provided in case of infringement, absent any good faith;
Points earned: 0 out of 2
24. Under ARTICLE XII on NATIONAL ECONOMY AND PATRIMONY, Section 14 of the Constitution, it is provided that The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be ________ by the State. The State shall encourage appropriate technology and regulate its transfer for the national benefit. The practice of all
professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law. promoted (correct answer, your response) encouraged understood deemphasized
Points earned: 2 out of 2
25. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF APPEALS, SUNSHINE HOME VIDEO, INC. and DANILO A. PELINDARIO, respondents., [G.R. No. 110318. August 28, 1996.], the thrust of the ruling is to the effect that The essence of a copyright infringement is the similarity or at least substantial similarity of the purported pirated works to the copyrighted work. Hence, the applicant must present to the court the copyrighted films to compare them with the purchased evidence of the video tapes allegedly pirated to determine whether the latter is an unauthorized reproduction of the former. This linkage of the copyrighted films to the pirated films must be established to satisfy the requirements of probable cause. Mere allegations as to the existence of the copyrighted films cannot serve as basis for the issuance of a search warrant.
False. In the absence thereof, there can be no finding of probable cause for the issuance of a search warrant.
True. It is true that such master tapes are object evidence, with the merit that in this class of evidence the ascertainment of the controverted fact is made through demonstrations involving the direct use of the senses of the presiding magistrate. Such auxiliary procedure, however, does not rule out the use of testimonial or documentary evidence, depositions, admissions or other classes of evidence tending to prove the factum probandum.
True. In the absence thereof, there can be no finding of probable cause for the issuance of a search warrant.
False. It is true that such master tapes are object evidence, with the merit that in this class of evidence the ascertainment of the controverted fact is made through demonstrations involving the direct use of the senses of the presiding magistrate. Such auxiliary procedure, however, does not rule out the use of testimonial or documentary evidence, depositions, admissions or other classes of evidence tending to prove the factum probandum. (correct answer, your response)
Points earned: 1 out of 1
26. 171.10. A is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale;
The following answer is acceptable: work of applied art
Your response: work of applied art
Points earned: 1 out of 1
27. Under the amended Section 216.1 (b), an infringer shall be liable for actual damages and profits. In cases where he a) circumvents effective technological measures; or b) having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, removes or alters any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies of works without authority, knowing that electronic rights management information has been removed or altered without authority, the infringer shall be liable for triple the amount of damages. True False (correct answer, your response)
Points earned: 2 out of 2
28. Copyright, in the strict sense of the term, is purely a statutory right. It is a new or independent right granted by the statute, and not simply a pre-existing right regulated by the statute. Being a statutory grant, the rights are only such as the statute confers, and may be obtained and enjoyed only with respect to the subjects and by the persons, and on terms and conditions specified in the statute.
Since . . . copyright in published works is purely a statutory creation, a copyright may be obtained only for a work falling within the statutory enumeration or description.
The foregoing was cited by the Supreme Court in Joaquin versus Drilon, G.R. No. 108946. January 28, 1999, to arrive at the conclusion that the format or mechanics of a television show is not included in the list of protected works xxx. The legal basis is
Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any idea, procedure, system method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof. (correct answer)
The copyright is distinct from the property in the material object subject to it. Consequently, the transfer or assignment of the copyright shall not itself constitute a transfer of the material object. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work imply transfer or assignment of the copyright.
The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. (your response)
In an action under this Chapter, an affidavit made before a notary public by or on behalf of the owner of the copyright in any work or other subject matter and stating that: (a) At the time specified therein, copyright subsisted in the work or other subject matter; (b) He or the person named therein is the owner of the copyright; and (c) The copy of the work or other subject matter annexed thereto is a true copy thereof, shall be admitted in evidence in any proceedings for an offense under this Chapter and shall be prima facie proof of the matters therein stated until the contrary is proved, and the court before which such affidavit is produced shall assume that the affidavit was made by or on behalf of the owner of the copyright.
Points earned: 0 out of 1
29. Considering that dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works are protected as a new works, the consent of the author or creator of these underlying works need no longer be secured. True False (correct answer, your response)
Points earned: 1 out of 1
30. Peter Fowler secured a copyright over his drawing of an advertising display stand under the classification class"O" work, which covers prints, pictorial illustrations, advertising copies, labels, tags, and box wraps. This being so, Peter's copyright protection extended only to the technical drawings and not to the stand itself because the latter was not at all in the category of "prints, pictorial illustrations, advertising copies, labels, tags and box wraps." Stated otherwise, even as Peter indeed owned a valid copyright, the same could have referred only to the technical drawings within the category of "pictorial illustrations." It also have possibly stretched out to include the underlying advertising stand. True False (correct answer, your response)
Points earned: 2 out of 2
31. Kyle So entered into a contract with Rose Publishing for writing a series of articles on The Procreation of Bees. For the project, Kyle was paid a down payment of P500,000.00, with the balance of P250,000.00 payable upon his submission of the last article not later than ten months later. Subsequently, Kyle met a girl, Kyota Shu, with whom he fell madly in love. He could not eat; he could not work. He was useless. Alas, see what unrequited love can do! The ten- month period elapsed and Kyle failed to submit even one of his articles, though he had actually written two. Rose Publishing is furious and approaches you.
You advise Rose Publishing that infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright, and, therefore, protected by law. (your response)
You advise Rose Publishing to file an action for performance or rescission with damages, in either case, under the provisions of the New Civil Code.
You advise Rose Publishing to secure from Kyle his permission to use his name to by-line articles written by another person
You advise Rose Publishing to file an action for damages only due to breach of contract because he cannot be compelled to write his articles or publish them. (correct answer)
Points earned: 0 out of 1
32. The IP Code is Rep Act No 9239
Rep Act No 8293 (correct answer, your response) Rep Act 100372 PD 49 Rep Act No 10088
Points earned: 2 out of 2
33. Under Section 216.1 (b), in case the infringer was not aware and had no reason to believe that his acts constitute an infringement of copyright, the court, in its discretion, may reduce the award of statutory damages to a sum of not more than Ten Thousand Pesos (Php10,000.00), even when the infringer circumvents effective technological measures. True False (correct answer, your response)
Points earned: 2 out of 2
34. The term of protection for sound or image and sound recordings and for performances incorporated therein is:
Fifty (50) years from the end of the year in which they took place. (correct answer, your response) Thirty (30) years from the end of the year in which they took place. Twenty (20) years from the date they took place. None of the above.
Points earned: 1 out of 1
35. The use of bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines. (n)
The following answers are acceptable:
intellectual property IP
Your response: intellectual property
Points earned: 1 out of 1
36. HOW MAY AN AFFIDAVIT EVIDENCE HELP A COPYRIGHT OWNER IN AN ACTION FOR INFRINGEMENT?
It creates a prima facie presumption that the copyright to the work is subsisting and that it is being infringed. (your response)
It creates a conclusion that (i) copyright subsists in the work; (ii) the person named therein is the owner of the copyright; and, (iii) the copy of the work or other subject matter annexed thereto is a true copy thereof. A and B above. None of the above. (correct answer)
Points earned: 0 out of 1
37. Under the IP Code, the term "intellectual property rights" consists of the following. CHOOSE ALL CORRECT ANSWERS. Service Manuals (your response) Financial Indications (your response) Geographic Indications (correct answer, your response) Fashion Designs Commercial Properties Mechanical Lay-outs (your response) International conventions Architectural plans (your response) Industrial Designs (correct answer, your response)
Copyright and Related Rights (correct answer, your response) Patents (correct answer, your response) Inter-disciplinary Models
Layout-Designs of Integrated Circuits (correct answer, your response) Undisclosed Information (correct answer)
Trademarks and Service Marks (correct answer, your response)
Points earned: 0 out of 2
38. Under Section 216.1 (b) of the IP Code, if the copyright owner (or proprietor of related rights) decides not to prove his damages and profits, he losses the right to be able to recover damages;
he may opt to recover statutory damages before final judgment (correct answer, your response)
There is little or no sanction for unauthorized copying as technology has provided the facility to copy like never before. He may opt to avail of administrative remedies.
Points earned: 2 out of 2
39. In Habana versus Robles, G.R. No. 131522. July 19, 1999, technical considerations and similarity in the background and training of the contending authors were rejected by the Supreme Court as sufficient explanation or justification for the similarities in the two works.
This case is authority for the proposition that:
"The proposition is peace. Not peace through the medium of war; not peace to be hunted through the labyrinth of intricate and endless negotiations; not peace to arise out of universal discord, fomented from principle, in all parts of the empire; not peace to depend on the juridical determination of perplexing questions, or the precise marking of the boundary of a complex government. It is simple peace; sought in its natural course, and in its ordinary haunts. It is peace sought in the spirit of peace, and laid in principles purely pacific.
In case of works of joint authorship, the economic rights shall be protected during the life of the last surviving author and for fifty (50) years after his death.
If so much is taken that the value of the original work is substantially diminished, there is an infringement of copyright and to an injurious extent, the work is appropriated. (correct answer, your response)
Copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the public performance of the work; and other communication to the public of the work.
Points earned: 1 out of 1
40. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF APPEALS, SUNSHINE HOME VIDEO, INC. and DANILO A. PELINDARIO, respondents., [G.R. No. 110318. August 28, 1996.], it was held that It is evidently incorrect to suggest, as the ruling in 20th Century Fox may appear to do, that in copyright infringement cases, the presentation of master tapes of the copyrighted films is always necessary to meet the requirement of probable cause and that, in the absence thereof, there can be no finding of probable cause for the issuance of a search warrant. Xxx The foregoing statement was made because:
The obtainment of a license prescribed by Section 125 of the Corporation Code is not a condition precedent to the maintenance of any kind of action in Philippine courts by foreign corporation. The word 'perform' as used in the Act has been applied to "One who plays a musical composition on a piano, thereby producing in the air sound waves which are heard as music . . . and if the instrument he plays on is a piano plus a broadcasting apparatus, so that waves are thrown out, not only upon the air, but upon the other, then also he is performing the musical composition." (Buck, et al. v. Duncan, et al.; Same v. Jewell-La Salle Realty Co., 32F. 2d. Series 367).
To be able to effectively and legally preclude others from copying and profiting from the invention, a patent is a primordial requirement. None of the above. (correct answer, your response)
Points earned: 2 out of 2
41. The exceptions from copyright infringement shall be interpreted in such a way as to allow the work to be used in a manner which conflicts with the normal exploitation of the work and does not unreasonably prejudice the right holder's legitimate interest. True (your response) False (correct answer)
Points earned: 0 out of 1
42. Frederick Perez wrote and published The Secret of Beauty, a book on how to be a successful hairstylist. Frederick Lopez, an aspiring hair cutter, saw the book at National Book Store and bought a copy. He took pains to study the different styles and strokes described by Frederick Perez in his book. Soon, applying the techniques he learned, Frederick Lopez became a much sought- after hairstylist. He always would say that what he is and what he knows, he learned from the book of Frederick Perez. Hearing these words, Frederick Perez felt he has been cheated by Frederick Lopez.
As counsel for Frederick Perez, on whether copyright infringement has been committed, you would advise him:
To first register and make a deposit of his book with the National Library, so that he can sue for infringement.
To immediately sue for copyright infringement of his book, The Secret of Beauty.
To relax because no copyright infringement has been committed by Frederick Lopez. (correct answer, your response) To sue because the acts of Frederick Lopez may be considered as unfair use.
Points earned: 1 out of 1
43. Brilliante Verzosa megged a movie that was awarded by the Independent Directors Guild of the Philippines as "Best Picture of the Year". However, the MTRCB gave it a rating of X, meaning, not fit for public exhibition due to "Violence, Foul language and Nudity." Hence, it was never shown in the theaters. When this was reported in social media, a lot of interest for the movie was generated. Everybody wanted to see it and was asking where it could be watched. Others were looking for copies. Dimitri, a close buddy of Brilliante, had a preview copy of the movie. He saw the opportunity to make money from the unusual demand for the film. He uploaded it in his personal website and charged P200 for every download. When he became aware of what Dimitri has done, Brilliante asked him to stop, alleging copyright infringement. Dimitri refused, arguing that government, through the MTRCB, has refused protection to the movie because it is immoral and illegal. What is your BEST advise to Brilliante? The movie is not protected because of its quality. The movie is protected irrespective of its quality.
The movie is protected irrespective of its content. (correct answer, your response) The movie is not protected because of its content.
Points earned: 1 out of 1
44. Under Section 216.1 (b) of the IP Code, if the copyright owner (or proprietor of related rights) decides not to prove his damages and profits, he losses the right to be able to recover damages;
he may opt to recover statutory damages before final judgment (correct answer, your response)
There is little or no sanction for unauthorized copying as technology has provided the facility to copy like never before. He may opt to avail of administrative remedies.
Points earned: 2 out of 2
45. The rights of copyright are limited to what the statute confers. They may be obtained and enjoyed only with respect to the subjects and by the-persons, and on terms and conditions specified in the statute. Accordingly:
it can cover only the works falling within the statutory enumeration or description. (correct answer, your response)
it can cover also the works falling beyond the statutory enumeration or description.
it can cover all the works falling outside the statutory enumeration or description. None of the above.
Points earned: 2 out of 2
46. The following provision normally appears in license agreements whereby rights over certain musical compositions are licensed to another for use by the latter:
It is hereby agreed and understood that the authority herein granted to PRODUCER is restrictive and covers only such license as stipulated in the preceding section. It is expressly stipulated that the first and original telecast of the Television Series shall be completed no later than the end of the Licensed Period. The license herein granted does not include any rights for any other production and/or soundtrack production and/or reproduction in video compact disc, VHS, MP3 and DVD format, mobile phone and internet services, value-added or otherwise, including any other wireless services such as SMS & MMS, music television (MTV), ballet show(s), segment show(s) and audio, opening number(s), production number(s) and/or other related presentation(s) and the like in any theater(s) and/or television show(s).
The legal basis for this provision is:
In case of works of joint authorship, the economic rights shall be protected during the life of the last surviving author and for fifty (50) years after his death.
Copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the acts of making derivative works, public performance of the work; and other communication to the public of the work. (correct answer, your response) An author may waive his moral rights by a written instrument.
The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright.
Points earned: 1 out of 1
47. Under the amended Section 216.1 (b), an infringer shall be liable for actual damages and profits. In cases where he a) circumvents effective technological measures; or b) having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, removes or alters any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies of works without authority, knowing that electronic rights management information has been removed or altered without authority, the infringer shall be liable for triple the amount of damages. True False (correct answer, your response)
Points earned: 2 out of 2
48. Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original. However,
The copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which the copyright relates. (correct answer, your response)
The copyright in any such work shall include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which the copyright relates.
The copyright in any such work shall last only for twenty-five years from the moment of creation None of these.
Points earned: 1 out of 1
49. Copy control measures seek to control the use of protected content once users have access to the work. Examples are: serial copy management systems for audio digital taping devices, and scrambling systems for DVDs that prevent third parties from reproducing content without authorization. True (correct answer, your response) False
Points earned: 2 out of 2
50. The term of protection for audio-visual works including those produced by process analogous to photography or any process for making audio-visual recordings is: Lifetime of the author, plus fifty (50) years after his death. Twenty-five (25) years from the date of making.
Fifty (50) years from date of publication and, if unpublished, from the date of making. (correct answer, your response) None of the above.
Points earned: 1 out of 1
51.Works are protected by the sole fact of their , irrespective of their mode or form of expression, as well as of their content, quality and purpose. (Sec. 2, P. D. No. 49a)
The following answer is acceptable: creation
Your response: creation
Points earned: 1 out of 1
52. Jessie holds a copyright registration for a Utility Model, Leaf Spring Eye Bushing for Automobile made up of plastic. It is described as
comprising a generally cylindrical body having a co-axial bore that is centrally located and provided with a perpendicular flange on one of its ends and a cylindrical metal jacket surrounding the peripheral walls of said body, with the bushing made of plastic that is either polyvinyl chloride or polypropylene.[31] Likewise, the Vehicle Bearing Cushion is illustrated as a bearing cushion comprising a generally semi-circular body having a central hole to secure a conventional bearing and a plurality of ridges provided therefore, with said cushion bearing being made of the same plastic materials.
Jennifer produced and distributed similar bushings. Jessie sued for copyright infringement. The suit will not prosper because:
The bushings are not intellectual creations in the literary and artistic domain, or works of applied art. They are certainly not ornamental designs or one having decorative quality or value.
The bushings are useful articles which have an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. A and B (correct answer, your response) None of these.
Points earned: 1 out of 1
53. Copy control measures seek to control the use of protected content once users have access to the work. Examples are: serial copy management systems for audio digital taping devices, and scrambling systems for DVDs that prevent third parties from reproducing content without authorization. True (correct answer, your response) False
Points earned: 2 out of 2
54. Under the IP Code, the First-to-File Rule has been adopted for copyrightable works, trademarks and patents.
False. Copyright accrues from the moment of creation. (correct answer, your response)
True. If two (2) or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date.
True. The use of the mark in a form different from the form in which it is registered, which does not alter its distinctive character, shall not be ground for cancellation or removal of the mark and shall not diminish the protection granted to the mark.
False. An application for registration of a mark filed in the Philippines by a person referred to in Section 3 of the IP Code, and who previously duly filed an application for registration of the same mark in one of those countries, shall be considered as filed as of the day the application was first filed in the foreign country.
Points earned: 2 out of 2
55. 171.9 is the making of one (l) or more copies, temporary or permanent, in whole or in part, of a work or a sound recording in any manner or form without prejudice to the provisions of Section 185 of Rep Act No. 8293.
The following answer is acceptable: Reproduction
Your response: reproduction
Points earned: 1 out of 1
56. Rights Management Information, as defined in Article 12 (2) of the WCT and Article 19 (2) of the WPPT, are:
items of information that are attached to a copy of a work, fixed performance or phonogram or which appear in connection with the communication thereof to the public. Such information may identify the work and its author, or the performance and its performer, the phonogram and its producer, the owner of any right in the performance or phonogram, or information about the terms and conditions of use of the work, performance or phonogram, and any numbers or codes that represent such information. (correct answer, your response)
serial copy management systems for audio digital taping devices, and scrambling systems for DVDs that prevent third parties from reproducing content without authorization.
an electronic or similar device having information-processing capabilities, and a sets of instructions expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium that the computer can read, or causing the computer to perform or achieve a particular task or result;
works, which, with the consent of the authors, are made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them.
works created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities, including government-owned or controlled corporations as part of his regularly prescribed official duties.
Points earned: 2 out of 2
57. Notwithstanding the provisions of Subsection 177.1, any library or archive whose activities are not for profit may, without the authorization of the author or copyright owner, make a ___________ number of copies of the work, as may be necessary for such institutions to fulfill their mandate, by reprographic reproduction:
limited (correct answer, your response) one multiple unlimited two
Points earned: 1 out of 1
58. The term WIPO Internet Treaties is used to refer to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, to address issues emerging out of the digital environment and to provide protection to domain name disputes and conflicts in the Internet. True False (correct answer, your response)
Points earned: 2 out of 2
59. Sec. 174. Published Edition of Work. - In addition to the right to publish granted by the author, his heirs or assigns, the publisher shall have a copyright consisting merely of the right of reproduction of the arrangement of the published edition of the work. (n)
The following answer is acceptable: typographical
Your response: typographical
Points earned: 1 out of 1
60. Under the amended Section 217.2, it is provided that the medium penalties stated in Section 217.1 (a), (b) and (c) shall be imposed when the infringement is committed by the removal or alteration of any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, by a person, knowingly and without authority. True False (correct answer, your response)
Points earned: 2 out of 2
61. Collections of literary, scholarly or artistic works, and compilations of data and other materials may be considered as new works if they are original by reason of the * of their contents. Choose ALL correct answers.
selection (correct answer, your response)
coordination (correct answer, your response) usefulness visibility popularity
arrangement (correct answer, your response) reproduction choreography
Points earned: 1 out of 1
62. The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use shall not constitute infringement of copyright even if the source and of the name of the author, if appearing in the work, are not mentioned. True False (correct answer, your response)
Points earned: 1 out of 1
63. Copyright itself does not depend on official procedures. A created work is considered protected by copyright as soon as it exists. According to the Berne Convention for the Protection of Literary and Artistic Works, literary and artistic works are protected without any formalities in the countries party to that Convention.
True.Thus, WIPO does not support a system of International Trademark Registration. False.Thus, WIPO offers a system of International Copyright Registration. False. Thus, WIPO offers a system of International Trademark Registration.
True. Thus, WIPO does not offer any kind of copyright registration system. (correct answer, your response)
Points earned: 1 out of 1
64. Copyright, in the strict sense of the term, is purely a right. As such, the rights are limited to what the statute confers. It may be obtained and enjoyed only with respect to the subjects and by the-persons, and on terms and conditions specified in the statute.
The following answer is acceptable: statutory
Your response: statutory
Points earned: 2 out of 2
65. means any technology, device or component that, in the normal course of its operation, restricts acts in respect of a work,performance or sound recording, which are not authorized by the authors, performers or producers of sound recordings concerned or permitted by law.
The following answers are acceptable: Technological Measure TPM
Technological Protection Measure
technological protection measure
Your response: technological measure
Points earned: 1 out of 1
66. Copyrightable works are protected
from the moment of creation (correct answer, your response) upon adoption upon registration none of the above. after examination
Points earned: 1 out of 1
67. The term of protection for performances not incorporated in recordings is:
Fifty (50) years from the end of the year in which they took place. Fifty (50) years from the end of the year in which they took place. Twenty (20) years from the date they took place. (correct answer, your response) Thirty (30) years from the end of the year in which they took place. Twenty (20) years from the date they took place. None of the above.
Points earned: 1 out of 1
68. The term of protection for Broadcasts is:
Fifty (50) years from the end of the year in which they took place. Fifty (50) years from the end of the year in which they took place. Twenty (20) years from the date they took place. Thirty (30) years from the end of the year in which they took place.
Twenty (20) years from the date they took place. (correct answer, your response) None of the above.
Points earned: 1 out of 1
69. Patents to protect inventions; and industrial designs, which are aesthetic creations determining the appearance of industrial products, as well as trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications, and protection against unfair competition fall under: Lay-out designs of integrated circuits Copyright and related rights
Industrial property (correct answer, your response) Pharmaceuticals Commercial Property
Points earned: 2 out of 2
70. Under Section 216.1 (b), in case the infringer was not aware and had no reason to believe that his acts constitute an infringement of copyright, the court, in its discretion, may reduce the award of statutory damages to a sum of not more than Ten Thousand Pesos (Php10,000.00), except when the infringer, having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, remove or alter any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies of works without authority, knowing that electronic rights management information has been removed or altered without authority. In such a case, the award of damages shall be: double the reduced statutory damages; (correct answer, your response)
double the statutory damages provided in case of infringement, absent any good faith; triple the reduced statutory damages;
triple the statutory damages provided in case of infringement, absent any good faith;
Points earned: 2 out of 2
Questions Answers
Goods or services may not be considered as being True similar or dissimilar to each other on the ground that, in any registration or publication by the Office, they appear in di the owner of a registered mark shall have the False exclusive right to prevent all third parties not having the owner's consent from using in the course of trade identical or similar signs or containers for goods or services which ar The exclusive right of the owner of a well-known False mark defined in Subsection 123.1(e) which is registered in the Philippines, shall not extend to Go The following mark is not generic: NOT none A certificate of registration of a mark shall be NOT validity prima facie evidence of the follo An application for registration of a mark filed in Priority rights the Philippines by a person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, and who previously duly filed an application for registration of the same mark in one Section 123.2, which provides that As regards Secondary meaning signs or devices mentioned in paragraphs (j), (k), and (l), nothing shall prevent the registration of any such sign or device which has become distinctive in relation to the goods for which registration is req The filing date of an application shall be the date None on which the Office received the following indications and elements in English or Filipino, except: A mark cannot be registered if is likely to mislead Geographical the public, particularly as to the A person who is a national or who is domiciled or False has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual
property rights or the repr Where goods and/or services belonging to One several classes of the Nice Classification have been included in one (1) application, such an application s means the name or designation identifying or Tradename distinguishing an enterprise. The Office may allow or require the applicant to Disclaim The final decision of refusal of an application for Director general trademark registration by the Director of Trademarks shall be appealable to th Registration of the mark shall not confer on the True registered owner the right to preclude third parties from using bona fide their names, addresses, pseudonyms, a geographical name, or exact indications concerning the kind, quality, quantity, destination, value, place of origin, or time of production or of supply, of their goods or services: Provided, That such use is confined to the purposes of mere The owner of a well-known mark that is not True registered in the Philippines, may, against an identical or confusingly similar mark, oppose its registration, or petition the cancellation of its registration or sue for unfair co In case of the use of an identical sign for identical False goods or services, a likelihood of confusion shall be proved. The IPO shall shall issue the certificate of Upon publication registration upon the happening of all, save one, the following events: The following mark may not be registrable as it it consists exclusively of signs or of may not acquire a secondary meaning: indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice; No filing date shall be accorded until the required True fee is paid. A mark cannot be registered if it is identical with, Well-known or confusingly similar to, or constitutes a translation of a mark which is considered by the competent authority of the Philippines to be Section 123.3 which provides that The nature of False the goods to which the mark is applied will not constitute an obstacle to registration means that when a mark is used on a product that is immoral, deceptive or scandalous matter, said
mark cannot be registered. A mark that is contrary to public order or False morality may still be registered because protection is granted irrespective of the mode of expression, content or quality A mark cannot be registered if it consists of a True name, portrait or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the Philippines, during the life of his A mark that consists of color alone may be True registered if it is defined by a given form. The IP Code is Rep Act No 8293
The objective of the WIPO Internet Treaties is None of the above to protect the environment In the case of work created by an author True during and in the course of his employment, the copyright shall belong to the employer, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.
Under the amended Section 216.1 (b), an False infringer shall be liable for actual damages and profits. In cases where he a) circumvents effective technological measures; or b) having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, removes or alters any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies of works without authority, knowing that electronic rights management information has been removed or altered without authority, the infringer shall be liable for triple the amount of damages. 5. Peter Fowler secured a copyright over False his drawing of an advertising display stand unde r the classification class"O" work, which covers prints,
pictorial illustrations, advertising copies, labels, tags, and box wraps. This being so, Peter's copyright protection extended only to the technical drawings and not to the stand itself because the latter was not at all in the category of "prints, pictorial illustrations, advertising copies, labels, tags and box wraps." Stated otherwise, even as Peter indeed owned a valid copyright, the same could have referred only to the technical drawings within the category of "pictorial illustrations." It also have possibly stretched out to include the underlying advertising stand.
187.2. The permission granted under True Subsection 187.1 (the private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study) shall not extend to the reproduction of a work of architecture in form of building or other construction In case of broadcasts, the term of protection False shall be twenty (20) years from the date that the recording took place.
In Habana versus Robles, G.R. No. 131522. If so much is taken that the value of the July 19, 1999, technical considerations and original work is substantially diminished, similarity in the background and training of there is an infringement of copyright and to the contending authors were rejected by the an injurious extent, the work is appropriated. Supreme Court as sufficient explanation or justification for the similarities in the two works. This case is authority for the proposition that: "The proposition is peace. Not peace through the medium of war; not peace to be hunted through the labyrinth of intricate and endless negotiations; not peace to arise out
of universa l discord, fomented from principle, in all parts of the empire; not peace to depend on the juridica l determination of perplexing questions, or the precise marking of the boundary of a complex government. It is simple peace; sought in its natural course, and in its ordinary haunts. It is peace sought in the spirit of peace, and laid in principles purely pacific.
11. The copyright may be assigned or True licensed in whole or in part.
12. The criminal penalties imposable on False any person infringing any right secured by provisions of Part IV of the iP Code, or aiding or abetting such infringement shall be in the maximum period when the infringer circumnavigat es effective technological measures.
The inventor shall be deemed to represent the False authors of articles and other writings published without the names of the authors or under pseudonyms, unless the contrary appears, or the pseudonyms or adopted name leaves no doubts as to the authors identity, or if the author of the anonymous works discloses his identity. 15. Frederick Perez wrote and published To relax because no copyright infringement Th e Secret of Beauty, a book on has been committed by Frederick Lopez how to be a successful hairstylist. Frederick Lopez, an aspiring hair cutter, saw the book at National Book Store and bought a copy. He took pains to study the different styles and strokes described by Frederick Perez in his book. Soon, applying the technique s he learned, Frederick Lopez became a much sought-after hairstylist. He always would say that
what he is and what he knows, he
learned from the book of Frederick
Perez. Hearing these words, Frederick Perez felt he has been cheated by Frederick Lopez.
As counsel for Frederick Perez, on
whethe r copyright infringeme nt has
been committed, you would advise
him :
171.11. A "work of the Government of the Employee Philippines" is a work created by an officer or
of the Philippine Government
or any of it s subdivisions and instrumentalities , including government- owned or controlled corporations as part of hi s regularly prescribed official duties.
171.2. A is a work which has collective work
been created by two (2) or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified;
18. The making of ephemeral recordings True by a broadcasting organization by
means of its own facilities and for use in its own broadcast shall not
constitute infringement of copyright.
19. The recitation or performance of a True
work, once it has been lawfully made accessible to the public, if done
privately and free of charge or if made
strictly for a charitable or religious institution or society shall not
constitute infringement of copyright.
20. Where the defendant, without good True
faith, puts in issue th e questions of
whether copyright subsists in a work or other subject matter to which the action relates, or the ownership of copyright in such work or subject matter, thereby occasioning unnecessary costs or delay in the proceedings, the court may direct that any costs to the defendant in respect of the action shall not be allowed by him and that any costs occasioned by the defendant to other parties shall be paid by him to such other parties.
22. In COLUMBIA PICTURES, INC., et NOT OBTAINMENT al, petitioners, vs. COURT OF APPEALS, SUNSHINEHOME VIDEO, INC. and DANILO A. PELINDARIO, respondents., [G.R. No. 110318. August 28, 1996.], it was held that It is evidently incorrect to suggest, as the ruling in 20th Century Fox may appear to do, that in copyright infringemen t cases , the presentation of master tapes of the copyrighted films is always necessary to meet the requirement of probable cause and that, in the absence thereof, there can be no finding of probable cause for the issuance of a search warrant. Xxx The foregoing statement was made because:
23. Under the amended Section 217.2, it is False provided that the medium penalties stated in Section 217.1 (a), (b) and (c) shallbeimposedwhenthe infringement is committed by the removal or alteration of any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, by a person, knowingly and without authority.
24. 204.2. The rights granted to a 50
performer in accordanc e with Subsection 203.1 shall be maintained and exercised _______ years after his death, by his heirs, and in default of heirs, the government, where protection is claimed. (Sec. 43, P. D. no. 49)
The rights of copyright are limited to what the NOT it can cover also the works falling statute confers. They may be obtained and beyond the statutory enumeration or enjoyed only with respect to the subjects and description. by the-persons, and on terms and conditions specified in the statute. Accordingly In 1841, Thomas Babington MacCaulay, in a MacCaulay is justifying the grant of speech delivered on the floor of the House of monopoly to authors Commons, declared: "It is good that authors should be remunerated; and the least exceptionable way of remunerating them is by a monopoly. Yet monopoly is an evil. For the sake of the
good we must submit to the evil; but the evil ought not to last a day longer than is necessary for the purpose of securing the good." In determining whether the use made of a NOT The amount and substantiality of the work in any particular case is fair use, the portion used in relation to the copyrighted factors to be considered shall include the work as a whole following, except one By originality is meant that the material was Copyright protection not copied, and evidences at least minimal creativity; that it was independently created by the author and that it possesses at least same minimal degree of creativity. Originality is a requirement of
The copyright is distinct from the property in False thematerialobjectsubjecttoit. Consequently, the transfer or assignment of the copyright shall itself constitute a transfer of the material object. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work imply transfer or assignment of the copyright 205.1. Subject to the provisions of Section True 206, once the performer has authorized the broadcasting or fixation of his performance, the provisions of Sections 203 shall have no further application. Copy control measures seek to control the True use of protected content once users have access to the work. Examples are: serial copy management systems for audio digital taping devices, and scrambling systems for DVDs that prevent third parties from reproducing content without authorization 171.6.
, in the case of a work Public performance
other than an audiovisual work, is the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process; in the case of an audiovisual work, the showing of its images in sequence and the making of the sounds accompanying it audible; and, in
the case of a sound recording, making the recorded sounds audible at a place or at places where persons outside the normal circle of a family and that familys closest social acquaintances are or can be present, irrespective of whether they are or can be present at the same place and at the same time, or at different places and/or at different times, and where the performance can be perceived without the nee d for communication within the meaning of Subsectio n 171.3;
171.4. A
is an electronic or Computer
similar device having information- processing capabilities, and a "computer program" is a set of instructions expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium
that the computer can read, or causing the computer to perform or achieve a particular Task or result;
202.7. _______ means the transmission by Broadcasting wireless means for the public reception of sounds or of images or of representation s thereof; it is also such transmission by satellite where the means for decrypting are provided to the public by the broadcasting organization or with its consent 171.7.
means works, which, Published works
with the consent of the authors, are made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them: Provided, That availability of such copies has been such, as to satisfy the reasonable requirements of the public, having regard to the nature of the work; Before the subsistence of the copyright is False established, the plaintiff may already be presumed to be the owner of the copyright if he claims to be the owner of the copyright and the defendant does not put in issue the question of his ownership. Literary and artistic works, hereinafter Leah Salonga's rendition of "Can We Just referred to as "works", are original intellectual Stop and Talk a While?" creations in the literary and artistic domain protected from the moment of their creation. Which among the following properties does not belong?
Section 1. Title. - This Act shall be known as Intellectual the
Property Code of the
Philippines." Examples of access control TPM include: False cryptography, passwords, and digital signatures. In short, these measures are deployed to ensure unlimited access to protected content to users who are authorized to such access 171.3
mean s any Communication to the public
communication to the public, including broadcasting , rebroadcastin g, retransmittin g by cable, broadcasting and retransmitting by satellite, and includes the making of a work available to the public by wire or wireless means in such a way that members of the public may access these works from a place
and time individually chosen by them; The term of protection for copyrighted works Lifetime of the author, plus fifty (50) years under Sections 172 and 173 is: after his death.
Sec. 3. International Conventions and Reciprocity . - Any person who is a national
or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, shall be entitled to benefits to the extent necessary to give effect to any provision of such convention, treaty or reciprocal law, in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. (n)
Brilliante Verzosa megged a movie that was The movie is protected irrespective of its awarded by the Independent Directors Guild content. of the Philippines as "Best Picture of the Year". However, the MTRCB gave it a rating of X, meaning, not fit for public exhibition due to "Violence, Foul language and Nudity." Hence, it was never shown in the theaters. When this was reported in social media, a lot of interest for the movie was generated. Everybody wanted to see it and was asking where it could be watched. Others were looking for copies. Dimitri, a close buddy of Brilliante, had a preview copy of the movie. He saw the opportunity to make money from the unusual demand for the film. He uploaded it in his personal website and charged P200 for every download. When he became aware of what Dimitri has done, Brilliante asked him to stop, alleging copyright infringement. Dimitri refused, arguing that government, through the MTRCB, has refused protection to the movie because it is immoral and illegal. What is your BEST advise to Brilliante?
172.1 Literary and artistic works are Original intellectual creations in the
literary and artistic domain protected from the moment of their creation.
Sec. 206. Additional Remuneration for five percent (5%) Subsequent Communications or Broadcasts. - Unless otherwise provided in the contract, in every communication to the public or broadcast of a performance subsequent to the first communication or broadcast thereof by the broadcasting organization, the performer shall be entitled to an additional remuneration equivalent to at least __________ of the original compensation he or she received for the first communication or broadcast. (n)
The owners of copyright and related rights or False their heirs may not designate a society of artists, writers, composers and other rightholders to collectively manage their economic or moral rights on their behalf.
In an infringement action, the court shall have False no power to order the seizure and impounding of any article which may serve as evidence in the court proceedings, in accordance with the rules on search and seizure involving violations of intellectual property rights issued by the Supreme Court. (Sec. 28, P.D. No. 49a)
The term of protection for audio-visual works Fifty (50) years from date of publication and, including those produced by process if unpublished, from the date of making. analogous to photography or any process for making audio-visual recordings is:
In determining the number of years of NOT None of these imprisonment and the amount of fine, the court shall consider the value of the
infringing materials that the defendant has produced or Manufactur ed and the damage that the copyright owner has suffered by reason of the infringement. Provided, That the respective maximum penalty stated in Section 217. 1 (a), (b) and (c) herein for the first, second, third and subsequent offense, shall not necessarily be imposed when the infringement is committed by:
Copyright in a work of architecture shall False include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original as wells the right to control the reconstruction or rehabilitation in the same style as the original of a building to which the copyright relates.
In the absence of a contrary stipulation at the True time an author licenses or permits another to use his work, the necessary editing, arranging or adaptation of such work, for publication, broadcast, use in a motion picture, dramatization, or mechanical or electrical reproduction in accordance with the reasonable and customary standards or requirements of the medium in which the work is to be used, shall not be deemed to contravene the author's rights secured by this chapter. Nor shall complete destruction of a work unconditionally transferred by the author be deemed to violate such rights. (Sec. 38, P. D. No. 49)
Sec. 193. Scope of
Rights. - Moral
The author of a work shall, independently of the economic rights in Section 177 or the grant of an assignment or license with
respect to such right, have the rights, namely,193.1. To require that the authorship of the works be attributed to him, in particular, the right that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work; 193.2. To make any alterations of his work prior to, or to withhold it from publication; 193.3. To object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his work which would be prejudicial to his honor or reputation; and193.4. To restrain the use of his name with respect to any work not of his own creation or in a distorted version of hi s work.
Moral rights pertain to Attribution and integrity
Th e
of speeches, lectures, Author
sermons, addresse s, and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works. The reproduction and communication to the True public of literary, scientific or artistic works as part of reports of current events by means of photograph y, cinematography or broadcasting to the extent necessary for the purpose shall not constitute infringement of copyright.
Derivative works shall be protected as New works: Provided however, That
such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof, or be construed to imply any right to such use of the original works, or to secure or extend copyright in such original works. (Sec. 8, P. D. 49; Art. 10, TRIPS) Dillman Publishing Company commissioned Yes. Dillman Publishing sold and distributed Braille experts to transcribe popular novels, the Braille-formatted books for profit. like the Twilight, Harry Potter and Lord of the Ring series, into Braille. It made sure that the respective authors were properly informed of the project and cited in the finished products. Believing that the project was ahead-of-its-time, Dillman Publishing intended to the the book s at a premium.
Would it be violating any copyright?
The U. S. Supreme Court in the Sony v. True. Special private benefit is a means to Universal Case, 464 U.S. 417 (1984), ensure and promote a public interest. declared that the monopoly granted to authors of copyrightable works to enjoy the fruits of their labor is neither unlimited nor primarily designed to provide a special private benefit. It is understood to be a means to an end.
In the case of a work-commissioned by a True person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary.
Under Section 216.1 (b), in case the infringer NOT double the statutory damages provided was not aware and had no reason to believe in case of infringement, absent any good that his acts constitute an infringement of faith; copyright, the court, in its discretion, may reduce the award of statutory damages to a sum of not more than Ten Thousand Pesos (Php10,000.00), except when the infringer, having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, remove or alter any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies of works without authority, knowing that electronic rights management information has been removed or altered without authority. In such a case, the award of damages shall be:
Sec. 192. Notice of Copyright. - Each copy of False a work published or offered for sale
shall contain a notice bearing the name of the copyright owner, and the year of its first
publication, and, in copies produced after the creators death, the year of such death. (Sec. 27, P. D. No. 49a), otherwise, there shall be no legal protection for the work.
Rights Management Information, as defined items of information that are attached to a in Article 12 (2) of the WCT and Article 19 copy of a work, fixed performance or (2) of the WPPT, are: phonogram or which appear in connection
with the communication thereof to the public. Such information may identify the work and its author, or the performance and its performer, the phonogram and its producer, the owner of any right in the performance or phonogram, or information about the terms and conditions of use of the work,
performance or phonogram, and any numbers or codes that represent such information. (correct answer, your response)
Moral rights shall not be assignable or subject True to license.
The rights granted to producers of sound False recordings, for sound or image and sound recordings and for performances incorporated therein, fifty (50) years from the end of the year in which the performance took place.
The recording made in schools, universities, True or educational institutions of a work included in a broadcast for the use of such schools, Universitie s or educational institutions: Provided, That such recording must be deleted within a reasonable period after they were first broadcast shall not constitute infringement of copyright. Provided, further, That such recording may not be made from audiovisual works which are part of the general cinema repertoire of feature films except for brief excerpts of the work.
In ELIDAD C. KHO vs. HON. COURT OF Trademark rights are acquired through APPEALS, SUMMERVILLE GENERAL registration
MERCHANDISING and COMPANY, and ANG TIAM CRAY, G.R. No. 115758. March 19, 2002, petitioner who had copyright over Chin Chun Su and Oval Facial Cream Container/Cas e (Certificate s of Copyright Registration No. 0-1358 and No. 0-3678) and patent rights on Chin Chun Su & Device and Chin Chun Su for medicated cream (Registration Certificate No. 4529 under the Supplemental Register of the Philippine Patent Office) failed to secure an injunction against persons who advertised and sold petitioner's cream products under the brand name Chin Chun Su, in similar containers that petitioner uses. The reason for the failure of Khos case was:
171.5.
is the transfe r of public lending
possession of the original or a copy of a work or sound recording for a limited period, for non-profit purposes, by an institution the services of which are available to the public, Such as public library o r archive;
The term of protection for sound or image and NOT Twenty (20) years from the date they sound recordings and for performances took place. incorporated therein is:
In case of audio-visual works including those fifty (50) produced by process analogous to photography or any process for making audio- visual recordings, the term shall be _______ years from date of publication and, if unpublished, from the date of making. (Sec. 24(C), P. D. No. 49a)
When I turn 64, I plan on inviting all my of Not Yes, because it's clear that the story of my friends from six decades to a giant party his life is empty. His book more than where food and wine will flow as never eloquently expresses such emptiness before. There will be dancing, games and merry-making. It will be a night never to be forgotten. Before the evening shall end, I plan to distribute my autobiography, a book bound in soft calf leather with gold-edged pages, entitled "It's My Life, Idiot!" If you are brilliant, you will open the book and you will find that NOT A WORD IS WRITTEN ON ANY OF THE PAGES. (It's my life, idiot!) As an IP student, what do you ask yourself: "Is this guy crazy?" or "Is he saying his life is empty?" or "Is his autobiography protected by copyright?" What is your best answer to your last question?
to the public of a performance communication
or a sound recording" means the transmission to the public, by any medium, otherwise than by broadcasting, of sounds of a performance or the representations of sounds fixed in a sound recording. For purposes of Section 209, the term includes making the sounds or representations of sounds fixed in a sound Recordi ng audible to the public.
187.2. The permission granted under False Subsection 187.1 (the private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study) shall extend to the reproduction of an entire book, or a substantial part thereof, or of a musical work in which graphics form by reprographic means;
Under Section 216.1 (b), in case the infringer False was not aware and had no reason to believe that his acts constitute an infringement of copyright, the court, in its discretion, may reduce the award of statutory damages to a sum of not more than Ten Thousand Pesos (Php10,000.00), even when the infringer circumvents effective technological measures.
The use made of a work by or under the False
direction or control of the Government, by the National Library or by educational, scientific or professional institutions where such use is in the public interest and is compatible with fair use shall constitute infringement of copyright.
HOW MAY AN AFFIDAVIT EVIDENCE None of the above HELP A COPYRIGHT OWNER IN AN ACTION FOR INFRINGEMENT?
The Producer of a sound recording" is the First person, or the legal entity, who or which takes the initiative and has the responsibility for the * fixation of the sounds of a performance or other sounds, or the representation of sounds
Sec. 211. Scope of Right. - Subject to the The commercial rental to the public of the provisions of Section 212, broadcasting original and copies of their sound recordings. organizations shall enjoy the exclusive right to carry out, authorize or prevent any of the following acts, except The public performance or the True communication to the public of a work, in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for charitable or educational purpose only, whose aim is not profit making, subject to such other limitations as may be provided in the Regulations shall not constitute infringement of copyright According to WIPO, Intellectual property is Industrial property & Copyright and related usually divided into two branches. Choose rights ALL correct answers 86. Jessie holds a copyright registration A and B for a Utility Model, Leaf Spring Eye Bushing for Automobile made up of plastic. It is described as comprising a generally cylindrical body having a co-axial bore that is centrally located and provided with a
perpendicular flange on one of its ends
and a cylindrical metal jacket surrounding the peripheral walls of said body, with the bushing made of plastic that is either polyvinyl chloride o r polypropylene.[31] Likewise, the Vehicle Bearing Cushion is illustrated as a bearing cushion comprising a generally semi-circular body having a central hole to secure a conventional bearing and a plurality of ridges provided therefore, with said cushion bearing being made of the same plastic materials. Jennife r produce d and distributed similar bushings. Jessie sued for copyright infringement. The suit will not prosper because:
Sec. 191. Deposit and Notice of Deposit with False the National Library and the Supreme
Court Library. At any time during the subsistence of the copyright, the owner of the copyright or of any exclusive right in the work must, for the purpose of completing the records of the National Library and the Supreme Court Library, register and deposit with them, by personal delivery or by registered mail, two (2) complete copies or reproductions of the work in such form as the Directors of the said libraries may prescribe in accordance with regulations; Provided, That only works in the field of law shall be deposited with the Supreme Court Library. Such registration and deposit is not a condition of copyright protection.
No copyright shall subsist in any work of the True Government of the Philippines Pia Bautista, as the vocalist of a band, None of the above plans to perform five original songs composed by Alex Pormento during a concert at the UP Theater for the benefit of the Philippine Red Cross. These songs were never recorded, publicly played or performed before by
anyone, anywhere. What should Pia do to ensure that she commits no copyright violation ? When an author contributes to a collective True work, his right to have his contribution attributed to him is deemed waived unless he expressly reserves it. (Sec. 37. P. D. No. 49 Notwithstanding the provisions of Subsection NOT one 177.1, any library or archive whose activities are not for profit may, without the authorization of the author or copyright owner, make a ___________ number of copies of the work, as may be necessary for such institutions to fulfill their mandate, by reprographic reproduction:
202.6.
of a fixed performance Publication
or a sound recording" means the offering of copies of the fixed performance or the sound recording to the public, with the consent of the right holder: Provided, That copies are offered to the public in reasonable quality While visiting Makati City in July, 2006, (a) and (b) Anthony Pascual was able to visit the Ayala Museum and view the original paintings of such an up and coming painter, Roy Fernando. Anthony happened to carry with him his Nikon D2xs SLR digital camera with him. He was able to take great photographs of the paintings. Back home in Naga City, Anthony decided to print his photographs on T-shirts and peddle them outside the Penafrancia Shrine during the Fiesta last September. If you were consulted by Roy Fernando, who was your best friend from high school, you would recommend filing a copyright infringemen t complaint against Anthony on the basis of Copyright, in the strict sense of the term, is Notwithstanding the provisions of Sections purely a statutory right. It is a new or 172 and 173, no protection shall extend, under independent right granted by the statute, and this law, to any idea, procedure, system not simply a pre-existing right regulated by method or operation, concept, principle, the statute. Being a statutory grant, the rights discovery or mere data as such, even if they are only such as the statute confers, and may are expressed, explained, illustrated or be obtained and enjoyed only with respect to embodied in a work; news of the day and the subjects and by the persons, and on terms other miscellaneous facts having the character
and conditions specified in the statute. of mere items of press information; or any
official text of a legislative, administrative or Since . . . copyright in published works is legal nature, as well as any official translation purely a statutory creation, a copyright may thereof. be obtained only for a work falling within the Statutor y enumeration or description. The foregoing was cited by the Supreme Court in Joaquin versus Drilon, G.R. No. 108946. January 28, 1999, to arrive at the conclusion that the format or mechanics of a television show is not included in the list of protected works xxx. The legal basis is
In case of photographic works, the protection fifty (50) shall be for________ from publication of the work and, if unpublished, from the making Copyright shall be presumed to subsist in the True work or other subject matter to which the action relates if the defendant does not put in issue the question whether copyright subsists in the work or other subject matter 187.2. The permission granted under True Subsection 187.1 (the private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study) shall not extend to a computer program except as provided in Section 189 An is an affidavit made before a affidavit evidence
notary public by or on behalf of the owner of the copyright in any work or other subject matter and stating that: (a) At the time specified therein, copyright subsisted in the work or other subject matter; (b) He or the person named therein is the owner of the copyright; and (c) The copy of the work or other subject matter annexed thereto is a true copy thereof. This affidavit shall be admitted in evidence in any proceedings under this Chapter and shall be prima facie proof of the matters therein stated until the contrary is proved, and the court before which such affidavit is produced shall assume that the Affidavi t was made by or on behalf of the
owner of the copyright The phrase technological protection False measures (TPM) is not defined either in the WCT or the WPPT. Nevertheless, it is a broad term that covers many different types of technologies used to control access to copyright content, but not to prevent users from copying protected content.
Probable cause has been uniformly defined as Must adhere to the requirement that "no less such facts and circumstances which would than personal knowledge by the complainant lead a reasonable, discreet and prudent man to or his witnesses of the facts upon which the believe that an offense has been committed, issuance of a search warrant may be justified" and that the objects sought in connection with in order to convince the judge, not the the offense are in the place sought to be individual making the affidavit and seeking searched. the issuance of the warrant, of the existence of a probable cause. Under prevailing jurisprudence, the determination of probable cause In societe des The dominancy test Joy personal products As held in asia brewery The dominancy test, applied in determining If the competing trademark contain confusing similarity in trademarks, means Section 123.3. The nature of the goods For the purpose of registration In amigo manufacturing, inc GOLD TOP None of the above Coca cola application be denied None of the above How may an affidavit evidence None of the above Senor lauroreyes Ramon is entityled to 5% of the grossbproceeds The term of protection for performance not 50 & 20 incorporated in recordings is A certificate of registration 10 In elidad c. kho Trademarks are acquired through registration Selecta Registrable because it has been invented for the In the ongpin memorandum False In massohermanos It consists of her name In mipuri v CA, the government official who Villafuerte implemented Google when may a mark that is identical with Never registrable In ang versus teodoro 1942 The argument was sustained by the court PHRASE IS NEVER USED ADJECTIVELY Jessie holds A&b 172 and 173 Lifetime + 50
RestitutoBicomong FLAG Consists exclusively of signs that are generic for the goods In case of asia brewery Being of functional COCA COLA oppose It is identical with well known Article 6bis To protect well known marks In asia brewery PILSEN The phrase Pilsen Diamond not registrable because it is likely to mislead the public Copyright itself does not depend on official TRUE. Thus, WIPO does not offer procedures What is a trademark Any visible signs capable of distinguishing By originality Copyright protection In emerald garment In determining whether the trademarks Copyrightabke works are protected From the moment of creation The then ministry of trade Paris convention How may the rights in a mark be acquired Through registration The publisher of a book Reproduction of the typographical The convention of paris for the protection of NOT none/giving/according industrial The mark Cosmopolite ; Registrable because it has no relation The following are samples of descriptive marks Thin crust/1100% wool See me, feel me Consists of immoral, deceptive Keyboard Trademark A mark which is considered by the competent True authority keyboard Literary abd artistic works, Lea salongas Mike
Jose polapoy A transfer or assignment What is well-known mark A mark that is declared as such party by a judge Brillianteverzosa The movie is protected irrespective of its content First-to-file False. Copyright accrues from the moment of creation Suggestive marks Microsoft/suprasilk/master roast Abercrombie NONE OF THE ABOVE The recordal system None of the above A marks which is considered by the competent When used for identical or similar goods or authority services While visiting makati A and b Original ornamental designs Not design is dictated Copyright shall consist of the exclusive right to Copyright allows some monopoly subject to carry out some limitations provided by law
The following provision normally Copyright or economic rights In pearl & dean Not none of the abaove In ELIDAD C. KHO reason for the failure Not the copyright In Habana versus robles If somuch is taken Probable cause Must adhere Moral rights pertain to Attribution and integrity Copyright, in the strict sense of the term, Notwithstanding Frederick perez wrote and published Notto sue because no copyright Continuing the saga CCTV network owns the copyright because Fred peres wrote Scenario for Frederick, the great It turns out that fredperez lifted Junk it Kyle so You advise rose publishing file an action for damages Yvonne is the school The public performance The objective of the WIPO NOT true. When In metro-goldwyn NOT one who Trademark, copyright and patents are different NOT the foregoing provided the basis In Filipino society of composers Simply chaitable In Columbia pictures The obtainement In the Columbia case NOT. It is true To protect trademark owners, the law p False A mark cannot be copyrighted if it consists False
2. An application for patent filed by any person who has previously applied for the same invention in another country which, by treaty, convention, or law affords similar privileges to Filipino citizens, shall be considered as filed as of the date of filing the foreign application, subject to certain conditions. This is called: (1 point)
Right of Reciprocity
Right of Priority
Right of Preference
Right of Parity
12. An invention refers to any technical solution of a problem in any field of human activity which is new, involves inventive step and is industrially applicable. It may be, or may relate to:
(1 point)
A product, or process, or an improvement of any of the foregoing.
A useful machine, an implement or tool, a product or composition or an improvement of any of the foregoing.
Any technical solution of a problem in any field of human activity which is new and industrially applicable.
None of the above.
3. The First to File Rule simply means that: (1 point)
If two or more persons have made the invention jointly, the right to the patent shall belong to the person who filed first an application for such invention.
If there are two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date.
If two more persons have made the invention separately and independently of each other, the right to the patent shall belong to both who filed an application for such invention.
None of the above.
15. The principle of unity of invention requires that an application for patent shall relate to one invention only or to a group of inventions forming a single general inventive concept. Hence, the Director may require that the application be restricted to a single invention in the following case/s:
(1 point)
If the inventor sees an opportunity to create several independent inventions may be claimed from the application even if they form a single general inventive concept.
If several independent inventions do not form a single general inventive concept are claimed in one application, as determined by the Director.
If there are several inventions that form a single general inventive concept are claimed in one application, as determined by the Director.
A and C
4. A utility model registration shall expire, without any possibility of
renewal, at the end of the of the application. (1 point)
7th
year after the date of the filing
5. Which does not belong to the group? (1 point)
Micro-organisms and non-biological and microbiological processes.
Discoveries, scientific theories and mathematical methods.
Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods
Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers.
6. The patent examiner, considering an application for patent involving a gadget that will enable the user to see through human
flesh failed to consider that said application for patent related to a group of inventions that did not form a single general inventive concept. Eventually, a letters patent was granted. After discovering the lapse, the Director decided to order the cancellation of the patent. (1 point)
He is legally correct because he may require that the application be restricted to a single invention.
He is legally correct because the patent has been granted on an application that did not comply with the requirement of unity of invention.
He is legally wrong because failure to comply with the requirement of unity of invention shall not be a ground to cancel the patent.
He is legally wrong because a divisional application filed for an invention shall be considered as having been filed on the same day as the first application if the later application is filed within the period allowed, or as may be granted and each divisional application shall not go beyond the disclosure in the initial application.
25. Patents to protect inventions; and industrial designs, which are aesthetic creations determining the appearance of industrial products, as well as trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications, and protection against unfair competition fall under: (1 point)
Commercial Property
Lay-out designs of integrated circuits
Pharmaceuticals
Copyright and related rights
Industrial property
27. Any technical solution of a problem in any field of human activity which is new and industrially applicable and which may be, or may
relate to, a useful machine, an implement or tool, a product or composition or an improvement of any of the foregoing, would be a: (1 point)
Work of Applied Art
Industrial Design
Utility Model
Invention
Collective Mark
Trademark
Logo
Utility Design
31. Original ornamental designs or models for articles of manufacture and other works of applied art are copyrightable. However, they may also be registered as industrial designs under the law on patents if: (1 point)
The design does not give a special appearance to nor serves as pattern for an industrial product or handicraft.
The design gives a special appearance to and can serve as pattern for an industrial product or handicraft.
The design is dictated essentially by technical or functional considerations to obtain a technical result.
The design is not dictated essentially by technical or functional considerations to obtain a technical result.
35. A patent application, which been published, and all related documents, shall not be made available for inspection without the consent of the applicant.
(1 point)
True
False
37. A patent application for a drug, Buntigon, that cures AIDS, filed by Felix Pormento, a neo-scientist, has been granted a filing date of July 5, 2007. It was published on February 20, 2010. It was subsequently granted, after substantive examination, a patent. Said grant was published in the IPO Gazette on July 5, 2013. Pormento learned that Ramon Claveria made, produced, offered for sale and sold a drug similar to Buntigon in or about November 2010. As of October 23, 2013, (1 point)
Pormento can file a patent infringement case against Claveria because his rights retroact to the filing date.
Pormento cannot file a patent infringement case because the infringing acts occurred in November, 2010.
Pormento can file a patent infringement case because the infringing acts occurred in November, 2010.
Pormento cannot file a patent infringement case because a patent takes effect on the date of the publication of the grant of the patent in the IPO Gazette.
38. For an invention to be new, it must not be part of prior art. However, the disclosure of information by the inventor contained in an application during the twelve (12) months preceding the filing date or the priority date of the application shall not be considered prior art. This is referred to as (1 point)
Prejudicial disclosure.
Termination with extreme prejudice.
Non-prejudicial disclosure.
Non-prejudicial admission.
39. The term of a patent shall be 20 years from the filing
date of the application. (Sec. 21, R. A. No. 165a) (1 point)
45. An interested person may petition to cancel a patent or any claim thereof, or parts of the claim, on any of the following grounds, EXCEPT: (1 point)
That what is claimed as the invention is not new or patentable;
The application did not comply with the requirement of unity of invention.
That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any person skilled in the art;
That the patent is contrary to public order or morality.
47. As held in SMITH KLINE BECKMAN CORPORATION, petitioner, vs. THE HONORABLE COURT OF APPEALS and TRYCO PHARMA
CORPORATION, respondents, When the language of its claims is clear and distinct, the patentee is bound thereby and may not claim anything beyond them. And so are the courts bound which may not add to or detract from the claims matters not expressed or necessarily implied, nor may they enlarge the patent beyond the scope of that which the inventor claimed and the patent office allowed, even if the patentee may have been entitled to something more than the words it had chosen would include.
The foregoing serves to emphasize that, in patent infringement cases, (1 point)
The accuracy and completeness of the claims will not help in determining the violations, if any, of the respondent.
The strength of plaintiffs cause of action will be based not so much on the claims enumerated in the Patent as the acts of defendant deemed in violation thereof.
The extent of protection conferred by the patent shall be determined by the claims, which are to be interpreted in the light of the description and drawings.
None of the above.
48. Under the new IP Code, "patent" refers to the title granted to protect an invention defined as any technical solution of a problem in any field of human activity which involves inventive step and is industrially applicable. (1 point)
True
False
49. When filing a patent application, the disclosure will not be legally compliant unless:
(1 point)
The application shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
The application shall disclose the invention in a manner reasonably accurate and concise for it to be understood by a person with sufficient discretion.
At all times, the application shall be supplemented by a deposit of of the material sought to be patented with an international depository institution.
The request shall contain a petition for the grant of the patent, the name and other data of the applicant, the inventor and the agent and the title of the invention.
58. The requirements of registrability of utility models are the following, EXCEPT:
(1 point)
new
industrially applicable
original novel
60. An invention qualifies for registration as a utility model if it is new and involves an inventive step. (1 point)
True. A utility model registration shall expire, without any possibility of renewal, at the end of the seventh year after the date of the filing of the application.
False. The rule is settled that the findings of fact of the Director of Patents, especially when affirmed by the Court of Appeals, are conclusive on this Court when supported by substantial evidence.
False. Inventive step is not necessary. True. There must be industrial applicability.
68. In the case of a divisional application, a later application filed for an invention divided out shall be considered as having been filed on the same day as the first application if the later application is filed within the period allowed, or as may be granted and each divisional application shall not go beyond the disclosure in the initial application. (1 point)
True
False
78. Only layout -designs of integrated circuits that are
____________ shall benefit from protection under the law (1 point)
original
new
aesthetic
none of the above.
79. The registration for a period of ten (10) years, without renewal, counted from the date of commencement of the protection accorded thereto, applies to:
(1 point) lay-out designs
industrial designs
copyrightable designs fashion designs
86. A layout-design shall be considered original if it is the result of its creator's own intellectual effort and is not commonplace among creators of layout- designs and manufacturers of integrated circuits at the time of its creation.
(1 point)
true
fase
It is not relevant.
None of the above
7. The following is part of prior art: (1 point)
Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention.
The whole contents of an application for a trademark registration, published in accordance with the IP Code filed or effective in the Philippines, with a filing or priority date that is earlier than the filing or priority date of the application.
The whole contents of a patent application which has validly claimed the filing date of an earlier application under Section 31 of this Act.
None of the above.
92. A three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an IC intended for manufacture is a
(1 point)
Industrial Design
Trade secret
Logo
Work of Applied Art
Invention
Utility Model
Lay-out Design
Trademark
Utility Design
Geographical Indications
94. Which does not belong? The following shall be excluded from patent protection:
(1 point)
Pythagorean Theorem
E=MC2
Laparoscopic machine for cholecystectomy.
Cholecystectomy, appendectomy, cauterization
95. Gregory Moreland is a US citizen who has been a Philippine resident for the last twenty years. By profession, he is an Engineer, but like a little boy, he never ceases to tinker with gadgets and always dreams of providing the world with the cheapest solutions to human problems. One day, he applied with the IPO for a patent for his invention, a head gear, which allows the wearer to listen to the thoughts of persons within five meters away. The Patent Examiner, on examination, ruled that the invention is NOT patentable because it is not new. An new invention, to be patentable (1 point)
Must not be part of prior art.
Must not have been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention.
All of the above None of the above.
96. An invention qualifies for registration as a utility model if it is new and involves an inventive step.
(1 point)
False. The rule is settled that the findings of fact of the Director of Patents, especially when affirmed by the Court of Appeals, are conclusive on this Court when supported by substantial evidence.
False. Inventive step is not necessary.
True. A utility model registration shall expire, without any possibility of renewal, at the end of the seventh year after the date of the filing of the application.
True. There must be industrial applicability.
98. The registration of an industrial design shall be for a period of five
years from the filing date of the application, subject to renewal for not
more than 2 consecutive periods of five (5) years
each. (1 point)
1. Which does not belong to the group?
Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers.
Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods Discoveries, scientific theories and mathematical methods.
Micro-organisms and non-biological and microbiological processes. (correct answer, your response)
Points earned: 1 out of 1
2. A petition to cancel a registration of a mark may be filed with the Bureau of Legal Affairs by any person who believes that he is or will be damaged by the registration of a mark at any time, if the registered owner of the mark without legitimate reason fails to use the mark within the Philippines, or to cause it to be used in the Philippines by virtue of a license during an uninterrupted period of * years or longer. 2
3 (correct answer, your response) 4 5 10
Points earned: 1 out of 1
3. The following articles of imported merchandise shall be admitted to entry at any customhouse of the Philippines:
Those which shall copy or simulate the name of any domestic product, or manufacturer, or dealer. (your response)
Those which shall copy or simulate a mark registered in accordance with the IP Code.
Those which shall bear a mark or trade name calculated to induce the public to believe that the article is manufactured in the Philippines.
Those which shall bear a mark or trade name calculated to induce the public to believe that the article is manufactured in any foreign country or locality where it is the country or locality where it is in fact manufactured. (correct answer)
Points earned: 0 out of 1
4. Unfair competition is not committed by:
A person, who is selling his goods and gives them the general appearance of goods of another manufacturer or dealer, either as to the goods themselves or in the wrapping of the packages in which they are contained, or the devices or words thereon, or in any other feature of their appearance, which would be likely to influence purchasers to believe that the goods offered are those of a manufacturer or dealer, other than the actual manufacturer or dealer, or who otherwise clothes the goods with such appearance as shall deceive the public and defraud another of his legitimate trade, or any subsequent vendor of such goods or any agent of any vendor engaged in selling such goods with a like purpose.
A person who by any artifice, or device, or who employs any other means calculated to induce the false belief that such person is offering the services of another who has identified such services in the mind of the public.
A person who shall make any false statement in the course of trade or who shall commit any other act contrary to good faith of a nature calculated to discredit the goods, business or services of another.
A person who uses in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive. (correct answer, your response)
Points earned: 1 out of 1
5. The requirements of registrability of utility models are the following, EXCEPT:
new
industrially applicable
original (correct answer)
novel (your response)
Points earned: 0 out of 1
6. Any visible sign capable of distinguishing goods or services (service mark) of an enterprise and shall include a stamped or marked container of goods would be a:
Work of Applied Art Industrial Design Lay-out Designs Utility Design Invention Geographical Indications Logo Trade secret Utility Model
Trademark (correct answer, your response)
Points earned: 1 out of 1
7. The disclosure of information contained in the application during the twelve (12) months preceding the filing date or the priority date of the application shall not prejudice the applicant on the ground of lack of novelty if such disclosure was made the following, except one: The inventor.
A patent office and the information was contained in another application filed by the inventor and should not have been disclosed by the office or in an application filed without the knowledge or consent of the inventor by a third party which obtained the information directly or indirectly from the inventor.
A third party which obtained the information directly or indirectly from the inventor. None (correct answer, your response)
Points earned: 1 out of 1
8. What is a patent?
A grant issued by the Philippine Government giving an inventor the right to exclude others from making, using or selling his invention within the Philippines in exchange for his patentable information or disclosure (Quid Pro Quo). (correct answer, your response)
Any technical solution of a problem in any field of human activity which is new and industrially applicable.
Indications that identify a good as originating in the territory of a country or a region or locality in the territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin. Patents, in many jurisdictions, refer to titles granted to inventions only. In the Philippines, patent had been used in its generic sense, to include titles to inventions, utility models and industrial designs.
Any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods.
Points earned: 1 out of 1
9. The following is part of prior art:
Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention. (correct answer, your response)
The whole contents of an application for a trademark registration, published in accordance with the IP Code filed or effective in the Philippines, with a filing or priority date that is earlier than the filing or priority date of the application.
The whole contents of a patent application which has validly claimed the filing date of an earlier application under Section 31 of this Act. None of the above.
Points earned: 1 out of 1
10. Under the IP Code, the First-to-File Rule has been adopted for copyrightable works, trademarks and patents.
False. An application for registration of a mark filed in the Philippines by a person referred to in Section 3 of the IP Code, and who previously duly filed an application for registration of the same mark in one of those countries, shall be considered as filed as of the day the application was first filed in the foreign country.
True. The use of the mark in a form different from the form in which it is registered, which does not alter its distinctive character, shall not be ground for cancellation or removal of the mark and shall not diminish the protection granted to the mark.
False. Copyright accrues from the moment of creation. (correct answer, your response)
True. If two (2) or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date.
Points earned: 1 out of 1
11. As held in SMITH KLINE BECKMAN CORPORATION, petitioner, vs. THE HONORABLE COURT OF APPEALS and TRYCO PHARMA CORPORATION, respondents, When the language of its claims is clear and distinct, the patentee is bound thereby and may not claim anything beyond them. And so are the courts bound which may not add to or detract from the claims matters not expressed or necessarily implied, nor may they enlarge the patent beyond the scope of that which the inventor claimed and the patent office allowed, even if the patentee may have been entitled to something more than the words it had chosen would include.
The foregoing serves to emphasize that, in patent infringement cases,
The accuracy and completeness of the claims will not help in determining the violations, if any, of the respondent.
The strength of plaintiffs cause of action will be based not so much on the claims enumerated in the Patent as the acts of defendant deemed in violation thereof.
The extent of protection conferred by the patent shall be determined by the claims, which are to be interpreted in the light of the description and drawings. (correct answer, your response) None of the above.
Points earned: 1 out of 1
12. An invention refers to any technical solution of a problem in any field of human activity which is new, involves inventive step and is industrially applicable. It may be, or may relate to:
A product, or process, or an improvement of any of the foregoing. (correct answer, your response)
A useful machine, an implement or tool, a product or composition or an improvement of any of the foregoing.
Any technical solution of a problem in any field of human activity which is new and industrially applicable. None of the above.
Points earned: 1 out of 1
13. The principle of unity of invention requires that an application for patent shall relate to one invention only or to a group of inventions forming a single general inventive concept. Hence, the Director may require that the application be restricted to a single invention in the following case/s:
If the inventor sees an opportunity to create several independent inventions may be claimed from the application even if they form a single general inventive concept.
If several independent inventions do not form a single general inventive concept are claimed in one application, as determined by the Director. (correct answer)
If there are several inventions that form a single general inventive concept are claimed in one application, as determined by the Director. A and C (your response)
Points earned: 0 out of 1
14. The mark "Callista Flockhart", as used for tonic drinks and and health products, is:
Registrable because a generic term is one that refers, or has come to be understood as referring, to the genus of which the particular product is a species.
Not registrable because a generic term is one that refers, or has come to be understood as referring, to the genus of which the particular product is a species.
Not registrable because it is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services.
Registrable because nature of the goods to which the mark is applied will not constitute an obstacle to registration. Registrable because it has no relation to the goods or services being sold.
Registrable because it has been invented for the sole purpose of functioning as a trRegistrable because ademark and have no other meaning than acting as a mark.
Not registrable because it serves in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services. None of these
Not registrable unless Ms. Flockhart gives her blessing . (correct answer, your response)
Points earned: 1 out of 1
15.The following mark may not be registrable as it may not acquire a secondary meaning:
it consists exclusively of signs or of indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services;
it consists of shapes that may be necessitated by technical factors or by the nature of the goods themselves or factors that affect their intrinsic value;
it consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice; (correct answer, your response) None.
Points earned: 1 out of 1
16. Industrial applicability means
The invention must be of practical use, or capable of some kind of industrial application. (correct answer, your response) The invention must involve an inventive step. The invention must be new and not part of prior art. The invention must be a solution to a technical problem.
Points earned: 1 out of 1
17. A petition to cancel a registration of a mark may be filed with the Bureau of Legal Affairs by any person who believes that he is or will be damaged by the registration of a mark at any time, if the registered mark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services on or in connection with which the mark is used. partly true
true (correct answer, your response) False not true not false.
Points earned: 1 out of 1
18. A trademark application which consists of the word Mike and the design below has been filed for clothing and shoes. The application will most likely be rejected because it:
Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
Consists of a name, portrait or signature identifying a particular living individual or the name, signature, or portrait of a deceased President of the Philippines, during the life of his widow, if any, except by written consent of the widow;
Consists of a name, portrait or signature identifying a particular deceased individual, or the name, signature, or portrait of the husband of a living President of the Philippines, during the life of his widow, if any, except by written consent of the widow; None of the above. (correct answer, your response)
Points earned: 1 out of 1
19. What is a Trademark?
Indications that identify a good as originating in the territory of a country or a region or locality in the territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin. Patents, in many jurisdictions, refer to titles granted to inventions only. In the Philippines, patent had been used in its generic sense, to include titles to inventions, utility models and industrial designs.
Any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods. (correct answer, your response)
A grant issued by the Philippine Government giving an inventor the right to exclude others from making, using or selling his invention within the Philippines in exchange for his patentable information or disclosure (Quid Pro Quo).
Any technical solution of a problem in any field of human activity which is new and industrially applicable.
Points earned: 1 out of 1
20. Jessie holds a copyright registration for a Utility Model, Leaf Spring Eye Bushing for Automobile made up of plastic. It is described as
comprising a generally cylindrical body having a co-axial bore that is centrally located and provided with a perpendicular flange on one of its ends and a cylindrical metal jacket surrounding the peripheral walls of said body, with the bushing made of plastic that is either polyvinyl chloride or polypropylene.[31] Likewise, the Vehicle Bearing Cushion is illustrated as a bearing cushion comprising a generally semi-circular body having a central hole to secure a conventional bearing and a plurality of ridges provided therefore, with said cushion bearing being made of the same plastic materials.
Jennifer produced and distributed similar bushings. Jessie sued for copyright infringement. The suit will not prosper because:
The bushings are not intellectual creations in the literary and artistic domain, or works of applied art. They are certainly not ornamental designs or one having decorative quality or value.
The bushings are useful articles which have an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. A and B (correct answer, your response) None of these.
Points earned: 1 out of 1
21. When two (2) or more persons have jointly made an invention, the right to a _________ shall belong to them jointly. trademark Copyright neighboring right utility model
patent (correct answer, your response)
Points earned: 1 out of 1
22. Who is one who actively induces the infringement of a patent or provides the infringer with a component of a patented product or of a product produced because of a patented process knowing it to be especially adopted for infringing the patented invention and not suitable for substantial non-infringing use? innocent infringer
contributory infringer (correct answer, your response) vicarious infringer direct infringer
Points earned: 1 out of 1
23. Except in one instance below, infringement shall be committed by any person who shall, without the consent of the owner of the registered mark by:
Use in commerce of any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive. Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant feature thereof and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive.
Employ deception or any other means contrary to good faith by which he shall pass off the goods manufactured by him or in which he deals, or his business, or services for those of the one having established such goodwill, or who shall commit any acts calculated to produce said result. (correct answer, your response) None in the list
Points earned: 1 out of 1
24. In trademark infringement, damages may be doubled when: attended by circumvention of technological protection measures.
actual intent to mislead the public or to defraud the complainant is shown. (correct answer, your response) in the discretion of the court, it says so. when there is alteration of rights management information. None
Points earned: 1 out of 1
25. How may the rights in a mark be acquired ?
Trademark rights are acquired through first use and adoption of the mark. Trademark rights are acquired through intellectual creation. Trademark rights are acquired from the moment of creation.
Trademark rights are acquired through registration. (correct answer, your response)
Points earned: 1 out of 1
26. A three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an IC intended for manufacture is a
Invention Trade secret Utility Model Utility Design Trademark Logo Industrial Design Work of Applied Art Geographical Indications
Lay-out Design (correct answer, your response)
Points earned: 1 out of 1
27. Notwithstanding the provisions on the cancellation of trademarks before the IPO, the Regional Trial Court, vested with jurisdiction to hear and adjudicate any action to enforce the rights to a registered mark shall likewise exercise jurisdiction to determine whether the registration of said mark may be cancelled. partly true
true (correct answer, your response) False not true not false
Points earned: 1 out of 1
28. Any interested person may petition to cancel the patent or any claim thereof, or parts of the claim, on any of the following grounds, except one: That what is claimed as the invention is not new or patentable.
That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any person skilled in the art.
That what is claimed in the patent is not sufficiently distinct. (correct answer, your response) That the patent is contrary to public order or morality.
Points earned: 1 out of 1
29. A Government agency or third person authorized by the Government may exploit the invention even without agreement of the patent owner in any of the following, except one, cases:
The public interest, in particular, national security, nutrition, health or the development of other sectors, as determined by the appropriate agency of the government, so requires; or
A judicial or administrative body has determined that the manner or exploitation, by the owner of the patent or his licensee, is anticompetitive; or
In the case of drugs and medicines, there is a national emergency or other circumstance of extreme urgency requiring the use of the invention; or
In the case of drugs and medicines, there is public noncommercial use of the patent by the patentee, with satisfactory reason; or (correct answer, your response)
In the case of drugs and medicines, the demand for the patented article in the Philippines is not being met to an adequate extent and on reasonable terms, as determined by the Secretary of the Department of Health."
Points earned: 1 out of 1
30. Prior art shall consist of the following, except one:
Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention.
The whole contents of an application for a patent, utility model, or industrial design registration, published in accordance with this Act, filed or effective in the Philippines, with a filing or priority date that is earlier than the filing or priority date of the application.
disclosure of information contained in the application during the twelve (12) months preceding the filing date or the priority date of the application shall not prejudice the applicant on the ground of lack of novelty if such disclosure was made by the inventor. (correct answer, your response)
Points earned: 1 out of 1
31. Which does not belong? The following shall be excluded from patent protection:
Pythagorean Theorem E=MC2
Laparoscopic machine for cholecystectomy. (correct answer, your response) Cholecystectomy, appendectomy, cauterization
Points earned: 1 out of 1
32. The mark "Cosmopolite", as used for canned tuna, is:
Registrable because a generic term is one that refers, or has come to be understood as referring, to the genus of which the particular product is a species.
Not registrable because a generic term is one that refers, or has come to be understood as referring, to the genus of which the particular product is a species.
Not registrable because it is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services.
Registrable because nature of the goods to which the mark is applied will not constitute an obstacle to registration.
Registrable because it has no relation to the goods or services being sold. (correct answer, your response)
Registrable because it has been invented for the sole purpose of functioning as a trRegistrable because ademark and have no other meaning than acting as a mark.
Not registrable because it serves in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services. None of these
Points earned: 1 out of 1
33. In AMIGO MANUFACTURING, Inc., petitioner, vs. CLUETT PEABODY CO., INC., respondent, the findings of the then Bureau of Patents that GOLD TOP was confusingly and deceptively similar to GOLD TOE was sustained by Supreme Court by invoking:
The totality or holistic test The dominancy test The law of equivalents
None of the above. (correct answer, your response)
Points earned: 1 out of 1
34. Section 123.2, which provides that As regards signs or devices mentioned in paragraphs (j), (k), and (l), nothing shall prevent the registration of any such sign or device which has become distinctive in relation to the goods for which registration is requested as a result of the use that have been made of it in commerce in the Philippines. The Office may accept as prima facie evidence that the mark has become distinctive, as used in connection with the applicants goods or services in commerce, proof of substantially exclusive and continuous use thereof by the applicant in commerce in the Philippines for five (5) years before the date on which the claim of distinctiveness is made defines the concept of:
secondary meaning (correct answer, your response) holistic approach dominant approach doctrine of equivalents None
Points earned: 1 out of 1
35. A registered mark shall not be deemed to be the generic name of goods or services solely because such mark is also used as a name of or to identify a unique product or service. partly true
true (correct answer)
false (your response) not true not false.
Points earned: 0 out of 1
36. An interested person may petition to cancel a patent or any claim thereof, or parts of the claim, on any of the following grounds, EXCEPT:
That what is claimed as the invention is not new or patentable;
The application did not comply with the requirement of unity of invention. (correct answer, your response)
That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any person skilled in the art; That the patent is contrary to public order or morality.
Points earned: 1 out of 1
37. Gregory Moreland is a US citizen who has been a Philippine resident for the last twenty years. By profession, he is an Engineer, but like a little boy, he never ceases to tinker with gadgets and always dreams of providing the world with the cheapest solutions to human problems. One day, he applied with the IPO for a patent for his invention, a head gear, which allows the wearer to listen to the thoughts of persons within five meters away. The Patent Examiner, on examination, ruled that the invention is NOT patentable because it is not new. An new invention, to be patentable Must not be part of prior art. (correct answer)
Must not have been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention. All of the above (your response) None of the above.
Points earned: 0 out of 1
38. The then Ministry of Trade on November 20, 1980 issued a memorandum addressed to the Director of the Patents Office directing the latter
". . . reject all pending applications for Philippine registration of signature and other world famous trademarks by applicants other than its original owners or users.
"The conflicting claims over internationally known trademarks involve such name brands as Lacoste, Jordache, Gloria Vanderbilt, Sasson, Fila, Pierre Cardin, Gucci, Christian Dior, Oscar de la Renta, Calvin Klein, Givenchy, Ralph Lauren, Geoffrey Beene, Lanvin and Ted Lapidus.
"It is further directed that, in cases where warranted, Philippine registrants of such trademarks should be asked to surrender their certificates of registration, if any, to avoid suits for damages and other legal action by the trademarks' foreign or local owners or original users."
This administrative issuance was made pursuant to Rome Convention TRIPS Berne Convention
Paris Convention (correct answer, your response)
Points earned: 1 out of 1
39. For an invention to be new, it must not be part of prior art. However, the disclosure of information by the inventor contained in an application during the twelve (12) months preceding the filing date or the priority date of the application shall not be considered prior art. This is referred to as Prejudicial disclosure. Termination with extreme prejudice.
Non-prejudicial disclosure. (correct answer, your response) Non-prejudicial admission.
Points earned: 1 out of 1
40. The Dominancy Test, applied in determining confusing similarity in trademarks, means:
It is elementary that a patent may be infringed where the essential or substantial features of the patented invention are taken or appropriated, or the device, machine or other subject matter alleged to infringe is substantially identical with the patented invention. In order to infringe a patent, a machine or device must perform the same function, or accomplish the same result by identical or substantially identical means and the principle or mode of operation must be substantially the same.
If the competing trademark contains the main or essential or dominant features of another, and confusion and deception is likely to result, infringement takes place. Duplication or imitation is not necessary; nor is it necessary that the infringing label should suggest an effort to imitate. (correct answer, your response)
In determining whether the trademarks are confusingly similar, a comparison of the words is not the only determinant factor. The trademarks in their entirety as they appear in their respective labels or hang tags must also be considered in relation to the goods to which they are attached. The discerning eye of the observer must focus not only on the predominant words but also on the other features appearing in both labels in order that he may draw his conclusion whether one is confusingly similar to the other. All of the above.
Points earned: 1 out of 1
41. Under the law on Patent, the right to a patent belongs to: the person who created the invention. (correct answer) the putative heirs of the inventor.
the person who filed first the application for the invention. (your response)
the employee who made the invention in the course of his employment contract.
Points earned: 0 out of 1
42. Ms. Celina Conti applied for registration of the mark consisting of the logo below:for massage and spa services (Class 42 Miscellaneous Services). The Coca- Cola Company has existing registrations under Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34. Coca-Cola Company will probably oppose the application upon the ground that:
It is immoral, deceptive or scandalous to use Coca-cola for massage and/or spa services.
It is identical with, or confusingly similar to, or constitutes a translation of a mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, whether or not it is registered here, as being already the mark of a person other than the applicant for registration, and used for identical or similar goods or services.
It is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known, which is registered in the Philippines with respect to goods or services which are not similar to those with respect to which registration is applied for. (correct answer) None of the above as there is no ground to oppose. (your response)
Points earned: 0 out of 1
43. A trademark application which consists of the words See Me, Feel Me and the picture shown has been filed for Intimate Apparel.The application will most likely be rejected because it:
Consists exclusively of signs that are generic for the goods or services that they seek to identify;
Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute; (correct answer, your response)
Consists of a name, portrait or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the Philippines, during the life of his widow, if any, except by written consent of the widow; None of the above.
Points earned: 1 out of 1
44. The recordal system of registration in the Copyright Office is different from the Trademark system of registration in that
In the Trademark Register, the issuance of registration is ministerial upon submission of an application that is complete in form and substance.
The National Library undertakes a procedure to verify the veracity of the claim of authorship by a registrant with respect to a copyrightable work.
In the Trademark Register, there is a substantive examination conducted to determine the registrability of copyrightable works. None of the above. (correct answer, your response)
Points earned: 1 out of 1
45. The First to File Rule simply means that:
If two or more persons have made the invention jointly, the right to the patent shall belong to the person who filed first an application for such invention.
If there are two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date. (correct answer, your response)
If two more persons have made the invention separately and independently of each other, the right to the patent shall belong to both who filed an application for such invention. None of the above.
Points earned: 1 out of 1
46. Joy Personal Products, Inc. manufactures and distributes toothpaste in tubes under the trademark Calgary Fresh. Colgate Palmolive has sought your opinion on whether Joy Personal Products Inc. is committing unfair competition because, among other matters, it is also using plastic tubes in the marketing of its toothpaste products. You advise Colgate that the use of plastic tubes cannot per se be a ground to impute unfair competition because:
As held in CONVERSE RUBBER CORPORATION and EDWARDSON MANUFACTURING CORPORATION, plaintiffs-appellants, vs. JACINTO RUBBER & PLASTICS CO., INC., and ACE RUBBER & PLASTICS CORPORATION, defendants-appellants, "the respective designs, shapes, the colors of the ankle patches, the bands, the toe patch and the soles of the two products are exactly the same . . . (such that) "at a distance of a few meters, it is impossible to distinguish "Custombuilt" from "Chuck Taylor". These elements are more than sufficient to serve as basis for a charge of unfair competition.
As held in ASIA BREWERY, INC. petitioner, vs. THE HON. COURT OF APPEALS and SAN MIGUEL CORPORATION, respondents, SMC's being the first to use the steinie bottle does not give SMC a vested right to use it to the exclusion of everyone else. Being of functional or common use, and not the exclusive invention of any one, it is available to all who might need to use it within the industry. Nobody can acquire any exclusive right to market articles supplying simple human needs in containers or wrappers of the general form, size and character commonly and immediately used in marketing such articles xxx. (correct answer, your response) a) and b) None of the above.
Points earned: 1 out of 1
47. Section 123.3. of the IP Code provides that The nature of the goods to which the mark is applied will not constitute an obstacle to registration. (Sec. 4, R. A. No. 166a). This provision means that:
Trademark applications for sex toys may not be granted because sex toys are contrary to public morals.
In any suit for infringement, the owner of the registered mark shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is likely to cause confusion, or to cause mistake, or to deceive.
For purposes of registration, what the IPO examines is not the product or service to which a mark is to be applied, but the mark itself. (correct answer, your response) None of the above.
Points earned: 1 out of 1
48. What is a well-known mark?
a mark that is so declared by a competent and authoritative business based on its profitability. a mark that is popular and known all over the world.
a mark that is declared as such by a judge based on certain given criteria. (correct answer, your response) a mark that attains at least US$3B in value.
Points earned: 1 out of 1
49. Where goods and/or services belonging to several classes of the Nice Classification have been included in one (1) application, such an application shall result in _____ registration.
one (correct answer, your response) Two multiple omnibus
Points earned: 1 out of 1
50. A technical solution of a problem in any field of human activity, to be patentable, must be, among other traits:
Aesthetic Original Disincentive Step industrially vulnerable
novel (correct answer, your response)
Points earned: 1 out of 1
51.If a person who made the invention and filed the application for patent other than the applicant, is declared by final court order or decision as having the right to the patent, such person may, within three (3) months after the decision has become final do any or some of the following, except one:
Prosecute the application as his own application in place of the applicant, or File a new patent application in respect of the same invention; or Seek damages for the applicant (correct answer, your response) Request that the application be refused; or Seek cancellation of the patent, if one has already been issued.
Points earned: 1 out of 1
52. In an action for trademark infringement, the court may order that goods found to be infringing be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to avoid any harm caused to the right holder, or destroyed; and all labels, signs, prints, packages, wrappers, receptacles and advertisements in the possession of the defendant, bearing the registered mark or trade name or any reproduction, counterfeit, copy or colorable imitation thereof, all plates, molds, matrices and other means of making the same, shall be delivered up and destroyed when:
a violation of any right of the owner of the registered mark is established. (correct answer) the owner of the registered trademark posts a bond. the alleged infringer delays the case.
the infringing goods bear trademarks confusingly similar to a well-known mark. (your response)
Points earned: 0 out of 1
53. In PEARL & DEAN (PHIL.), INC., vs. SHOEMART, INCORPORATED, G.R. No. 148222. August 15, 2003, the Supreme Court quoted the US case of Baker vs. Selden: xxx A treatise on the composition and use of medicines, be they old or new; on the construction and use of ploughs or watches or churns; or on the mixture and application of colors for painting or dyeing; or on the mode of drawing lines to produce the effect of perspective, would be the subject of copyright; but no one would contend that the copyright of the treatise would give the exclusive right to the art or manufacture described therein. xxx
This means that: Construction of light boxes from technical drawings violates copyright.
Preparing Roast Pig a la Marketmanila (http://www.marketmanila.com/) as described in his blog site (http://www.marketmanila.com/) does not violate copyright. (correct answer) Planting rice, as described in a Filipino folk song, is never fun. None of the above. (your response)
Points earned: 0 out of 1
54. In ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No. 103543. July 5, 1993, the Supreme Court ruled that The fact that the words pale pilsen are part of ABI's trademark does not constitute an infringement of SMC's trademark xxx. The reason for this is that:
The phrase pale pilsen is generic words descriptive of the color of a type of beer. (correct answer, your response)
"Pilsen" is a not primarily geographically descriptive word," hence, registerable and appropriable by a beer manufacturer. Pilsen is a kind of beer that even justices cannot resist. All of the above. None of the above
Points earned: 1 out of 1
55. In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL MERCHANDISING and COMPANY, and ANG TIAM CRAY, G.R. No. 115758. March 19, 2002, petitioner who had copyright over Chin Chun Su and Oval Facial Cream Container/Case (Certificates of Copyright Registration No. 0- 1358 and No. 0-3678) and patent rights on Chin Chun Su & Device and Chin Chun Su for medicated cream (Registration Certificate No. 4529 under the Supplemental Register of the Philippine Patent Office) failed to secure an injunction against persons who advertised and sold petitioner's cream products under the brand name Chin Chun Su, in similar containers that petitioner uses.
The reason for the failure of Khos case was:
Trademark rights are acquired through registration. (correct answer, your response)
The copyright of the treatise does not give to the author the exclusive right to the art or manufacture described in his work.
The background and training of the contending authors were rejected by the Supreme Court as sufficient explanation or justification for the similarities in the two works. None of the above.
Points earned: 1 out of 1
56. Any patentee, or anyone possessing any right, title or interest in and to the patented invention, whose rights have been infringed, may bring a * action before a court of competent jurisdiction, to recover from the infringer such damages sustained thereby, plus attorneys fees and other expenses of litigation, and to secure an injunction for the protection of his rights. quasi-judicial
civil (correct answer, your response) Criminal all of these
Points earned: 1 out of 1
57. Restituto Bicomong is such a patriotic fellow. When he decided to distribute abroad his uniquely designed buri mats, he came up with a trademark application consisting of the word Banig and the representation of the Philippine Flag, as shown.The application will most likely be denied by IPO even if Resty removed the Philippine Flag because a mark may not be registrable if it:
Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services;
Consists exclusively of signs that are generic for the goods or services that they seek to identify; (correct answer, your response)
Consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice; None of the above.
Points earned: 1 out of 1
58. An application for patent filed by any person who has previously applied for the same invention in another country which by treaty, convention, or law affords similar privileges to Filipino citizens, shall be considered as filed as of the date of filing the foreign application: Provided, That: (a) the local application expressly claims priority; (b) it is filed within twelve (12) months from the date the earliest foreign application was filed; and (c) a certified copy of the foreign application together with an English translation is filed within six (6) months from the date of filing in the Philippines describes a Right to patent Right to Invent
Right of Priority (correct answer, your response) Right of Application
Points earned: 1 out of 1
59. A layout-design shall be considered original if it is the result of its creator's own intellectual effort and is not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of its creation.
true (correct answer, your response) Fase It is not relevant. None of the above
Points earned: 1 out of 1
60. The effect of the non-payment of the annual fee to maintain the patent or the application is that the patent application shall be deemed archived until payment is made. withdrawn or the patent considered as lapsed. (correct answer)
rejected or denied from the day following the expiration of the period within which the annual fees were due. (your response) rejected subject to payment of the annual fee.
Points earned: 0 out of 1
61. In the case of ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No. 103543. July 5, 1993, it was also held that The petitioner's contention that bottle size, shape and color may not be the exclusive property of any one beer manufacturer is well taken (Emphasis supplied). The reason is that, at least in the said case,
SMC' was not the first to use the steinie bottle; hence, SMC cannot claim a vested right to use it to the exclusion of everyone else.
Being of functional or common use, and not the exclusive invention of any one, it is available to all who might need to use it within the industry. (correct answer, your response) A and b above. None of the above.
Points earned: 1 out of 1
62. The registration for a period of ten (10) years, without renewal, counted from the date of commencement of the protection accorded thereto, applies to:
63. A petition to cancel a registration of a mark may be filed with the Bureau of Legal Affairs by any person who believes that he is or will be damaged by the registration of a mark, except: if the registered mark has been abandoned.
its registration was obtained fraudulently or contrary to the provisions of this Act.
if the registered mark has been infringed. (correct answer, your response) None.
Points earned: 1 out of 1
64. An invention qualifies for registration as a utility model if it is new and involves an inventive step.
False. The rule is settled that the findings of fact of the Director of Patents, especially when affirmed by the Court of Appeals, are conclusive on this Court when supported by substantial evidence.
True. A utility model registration shall expire, without any possibility of renewal, at the end of the seventh year after the date of the filing of the application. False. Inventive step is not necessary. (correct answer, your response) True. There must be industrial applicability.
Points earned: 1 out of 1
65. A certificate of registration of a mark shall be prima facie evidence of the following, save one: validity of the registration legal infirmity of confusingly similar marks. (correct answer, your response) the registrants ownership of the mark,
the registrants exclusive right to use the same in connection with the goods or services and those that are related thereto specified in the certificate.
Points earned: 1 out of 1
66. In Ang versus Teodoro, G.R. No. 48226. December 14, 1942, petitioner made a frontal sledge-hammer attack on the validity of respondent's trade- mark "Ang Tibay" by contending that the phrase "Ang Tibay" as employed by the respondent on the articles manufactured by him is a descriptive term because, "freely translated in English," it means "strong, durable lasting." She argued that words or devices which relate only to the name, quality, or description of the merchandise cannot be the subject of a trade-mark.
This argument was sustained by the Court, further holding that function of a trade-mark is to point distinctively, either by its own meaning or by association, to the origin or ownership of the wares to which it is applied.
This argument was rejected by the Court, further holding that function of a trade-mark is to point distinctively, either by its own meaning or by association, to the quality, or description of the merchandise or of the wares to which it is applied.
This argument was sustained by the Court, further holding that n inquiry into the etymology and meaning of the Tagalog words "Ang Tibay," shows that the phrase is never used adjectively to define or describe an object. (correct answer, your response)
This argument was sustained by the Court, further holding that n inquiry into the etymology and meaning of the Tagalog words "Ang Tibay," shows that the phrase may be used adjectively to define or describe an object.
Points earned: 1 out of 1
67. If two (2) or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who signed and prepared an application for such invention. the person who prepared an application for such invention. the person who signed an application for such invention.
the person who filed an application for such invention. (correct answer, your response)
Points earned: 1 out of 1
68. In any suit for infringement, the owner of the registered mark shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is likely to cause confusion, or to cause mistake, or to deceive. Such knowledge is presumed in the following cases, except one:
if the registrant gives notice that his mark is registered by displaying with the mark the words "Registered Mark.
if the registrant gives notice that his mark is registered by displaying with the markthe letter R within a circle.
if the registrant gives notice that his mark is registered by displaying with the mark the letter C within a circle. (correct answer, your response) if the defendant had otherwise actual notice of the registration.
Points earned: 1 out of 1
69. Inventive step means
The invention must be of practical use, or capable of some kind of industrial application.
The invention is not obvious to person with average knowledge of the technical field. (correct answer, your response) The invention must be new and not part of prior art. The invention must be a solution to a technical problem.
Points earned: 1 out of 1
70. The patent shall belong to the employer of an employee who made the invention in the course of his employment contract
even if the invention is the result of the performance by the employee outside of his regularly-assigned duties.
if the invention is the result of the performance of his specially-assigned duties, unless there is an agreement, express or implied, to the contrary.
if the invention is the result of the performance of the employees regularly- assigned duties, unless there is an agreement, express or implied, to the contrary. (correct answer, your response)
if the invention is not the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.
Points earned: 1 out of 1
71. The filing date of an application shall be the date on which the Office received the following indications and elements in English or Filipino, except:
An express or implicit indication that the registration of a mark is sought; The identity of the applicant;
Indications sufficient to contact the applicant or his representative, if any; A reproduction of the mark whose registration is sought;
The list of the goods or services for which the registration is sought. none (correct answer, your response)
Points earned: 1 out of 1
72. Any technical solution of a problem in any field of human activity which is new and industrially applicable and which may be, or may relate to, a useful machine, an implement or tool, a product or composition or an improvement of any of the foregoing, would be a: Trademark Logo Industrial Design Work of Applied Art Collective Mark Utility Design
Utility Model (correct answer) Invention (your response)
Points earned: 0 out of 1
73. In Abercrombie & Fitch Co. v. Hunting World, Inc., a classification scheme was adopted by the court to determine the extent of protection a word mark would be afforded. This trademark strength spectrum has been recognized in the Philippines. In determining the level of protection a word mark was afforded, the court considered the source-identifying quality of the word. The court held that fanciful, arbitrary and suggestive terms are inherently capable of source- identification and were thus protected immediately upon use. Descriptive words alone, upon the other hand, were not independently capable of identifying the source of goods and were thus not afforded immediate protection. The statement is false. The statement is partly true. The statement is preposterous.
None of the above. (correct answer, your response)
Points earned: 1 out of 1
74. The filing of a suit to enforce the registered mark with the proper court or agency shall exclude any other court or agency from assuming jurisdiction over a * filed petition to cancel the same mark. previously
subsequently (correct answer, your response) simultaneously remotely
Points earned: 1 out of 1
75. Where two or more applications are filed for the same invention, the applicant who has the earliest filing or priority date shall have the
right to carry out, authorize or prohibit the use of the invention. right to patent. (correct answer, your response)
right to enjoy the pecuniary benefits to be derived from the invention. right to communicate the invention to the public.
Points earned: 1 out of 1
76. A patent application for a drug, Buntigon, that cures AIDS, filed by Felix Pormento, a neo-scientist, has been granted a filing date of July 5, 2007. It was published on February 20, 2010. It was subsequently granted, after substantive examination, a patent. Said grant was published in the IPO Gazette on July 5, 2013. Pormento learned that Ramon Claveria made, produced, offered for sale and sold a drug similar to Buntigon in or about November 2010. As of October 23, 2013,
Pormento can file a patent infringement case against Claveria because his rights retroact to the filing date.
Pormento cannot file a patent infringement case because the infringing acts occurred in November, 2010.
Pormento can file a patent infringement case because the infringing acts occurred in November, 2010. (correct answer, your response)
Pormento cannot file a patent infringement case because a patent takes effect on the date of the publication of the grant of the patent in the IPO Gazette.
Points earned: 1 out of 1
77. The following is not a remedy in an action for trademark infringement: the owner of a registered mark may recover damages. issuance of a writ of replevin. (correct answer, your response) issuance of a writ of seizure issuance of a writ of injunction
issuance of an order to impound during the pendency of the action, sales invoices and other documents evidencing sales.
Points earned: 1 out of 1
78. The owner of a patent has no right to prevent third parties from performing, without his authorization, the acts referred to in Section 71 of the IP Code in the following, except one, circumstances:
Using a patented product which has been put on the market in the Philippines by the owner of the product, or with his express consent, insofar as such use is performed after that product has been so put on the said market.
With regard to drugs and medicines, after a drug or medicine has been introduced in the Philippines or anywhere else in the world by the patent owner, or by any party authorized to use the invention.
Where the subject matter of a patent is a process, the act is done for religious institutions and political parties. (correct answer, your response)
Where the act is done privately and on a non-commercial scale or for a non- commercial purpose for as long as it does not significantly prejudice the economic interests of the owner of the patent.
Where the act consists of making or using exclusively for experimental use of the invention for scientific purposes or educational purposes and such other activities directly related to such scientific or educational experimental use.
Points earned: 1 out of 1
79. The patent shall belong to the employee who made the invention in the course of his employment contract
if the inventive activity is part of his regular duties and the employee uses his own time, facilities and materials.
if the inventive activity is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer. (correct answer, your response)
if the inventive activity is not a part of his regular duties and the employee uses the time, facilities and materials of the employer.
if the inventive activity is a part of his regular duties even if the employee uses the time, facilities and materials of the employer.
Points earned: 1 out of 1
80. Original ornamental designs or models for articles of manufacture and other works of applied art are copyrightable. However, they may also be registered as industrial designs under the law on patents if:
The design does not give a special appearance to nor serves as pattern for an industrial product or handicraft.
The design gives a special appearance to and can serve as pattern for an industrial product or handicraft. (correct answer)
The design is not dictated essentially by technical or functional considerations to obtain a technical result. (your response)
The design is dictated essentially by technical or functional considerations to obtain a technical result.
Points earned: 0 out of 1
81. What is a Geographic Indication
Indications that identify a good as originating in the territory of a country or a region or locality in the territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin. Patents, in many jurisdictions, refer to titles granted to inventions only. In the Philippines, patent had been used in its generic sense, to include titles to inventions, utility models and industrial designs. (correct answer, your response)
A grant issued by the Philippine Government giving an inventor the right to exclude others from making, using or selling his invention within the Philippines in exchange for his patentable information or disclosure (Quid Pro Quo).
Any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods.
Any technical solution of a problem in any field of human activity which is new and industrially applicable.
Points earned: 1 out of 1
82. An application for patent filed by any person who has previously applied for the same invention in another country which, by treaty, convention, or law affords similar privileges to Filipino citizens, shall be considered as filed as of the date of filing the foreign application, subject to certain conditions. This is called:
Right of Reciprocity (your response)
Right of Priority (correct answer) Right of Preference Right of Parity
Points earned: 0 out of 1
83. When may a mark that is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known in Section 123.1, par. e, which is registered in the Philippines, be registrable?
It really depends on the Trademark Examiner.
When the goods or services are not similar to those with respect to which registration is applied for.
When the goods or services are similar to those with respect to which registration is applied for. Never registrable (correct answer, your response) Always registrable
Points earned: 1 out of 1
84. No damages can be recovered for acts of infringement committed more than _____ years before the institution of the action for infringement. 1 2 3
4 (correct answer, your response)
Points earned: 1 out of 1
85. A mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, whether or not it is registered here, as being already the mark of a person has the effect of preventing the registration of a mark that is identical with, or confusingly similar to, or constitutes a translation of the first mark:
when used for identical or similar goods or services. (correct answer, your response) when used for identical and unrelated goods or services. when used for different or dissimilar goods or services. when not used for identical or similar goods or services.
Points earned: 1 out of 1
86. The mark "Selecta", as used for ice cream and dairy products, is:
Registrable because a generic term is one that refers, or has come to be understood as referring, to the genus of which the particular product is a species.
Not registrable because a generic term is one that refers, or has come to be understood as referring, to the genus of which the particular product is a species.
Not registrable because it is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services.
Registrable because nature of the goods to which the mark is applied will not constitute an obstacle to registration. Registrable because it has no relation to the goods or services being sold.
Registrable because it has been invented for the sole purpose of functioning as a trRegistrable because ademark and have no other meaning than acting as a mark. (correct answer, your response)
Not registrable because it serves in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services. None of these
Points earned: 1 out of 1
87. The IPO shall shall issue the certificate of registration upon the happening of all, save one, the following events: when the period for filing the opposition has expired
when the Director of Legal Affairs shall have denied the opposition,if any. upon payment of the required fee.
upon publication in the IPO Gazette. (correct answer, your response)
Points earned: 1 out of 1
88. Only layout -designs of integrated circuits that are ____________ shall benefit from protection under the law
original (correct answer, your response) New Aesthetic none of the above.
Points earned: 1 out of 1
89. The word "Diamond" and logo, as used for jewellery items made of cubic zirconium is:
Registrable because a generic term is one that refers, or has come to be understood as referring, to the genus of which the particular product is a species. Not registrable because a generic term is one that refers, or has come to be understood as referring, to the genus of which the particular product is a species.
Not registrable because it is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services. (correct answer, your response)
Registrable because nature of the goods to which the mark is applied will not constitute an obstacle to registration. Registrable because it has no relation to the goods or services being sold.
Registrable because it has been invented for the sole purpose of functioning as a trRegistrable because ademark and have no other meaning than acting as a mark.
Not registrable because it serves in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services. None of these
Points earned: 1 out of 1
90. The patent examiner, considering an application for patent involving a gadget that will enable the user to see through human flesh failed to consider that said application for patent related to a group of inventions that did not form a single general inventive concept. Eventually, a letters patent was granted. After discovering the lapse, the Director decided to order the cancellation of the patent.
He is legally correct because he may require that the application be restricted to a single invention.
He is legally correct because the patent has been granted on an application that did not comply with the requirement of unity of invention. (your response)
He is legally wrong because failure to comply with the requirement of unity of invention shall not be a ground to cancel the patent. (correct answer)
He is legally wrong because a divisional application filed for an invention shall be considered as having been filed on the same day as the first application if the later application is filed within the period allowed, or as may be granted and each divisional application shall not go beyond the disclosure in the initial application.
Points earned: 0 out of 1
91. The use of the mark in a form different from the form in which it is registered, which alters its distinctive character, shall not be ground for cancellation or removal of the mark and shall not diminish the protection granted to the mark. True
false (correct answer, your response) partly false not true, not false.
Points earned: 1 out of 1
92. When filing a patent application, the disclosure will not be legally compliant unless:
The application shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art. (correct answer, your response)
The application shall disclose the invention in a manner reasonably accurate and concise for it to be understood by a person with sufficient discretion.
At all times, the application shall be supplemented by a deposit of of the material sought to be patented with an international depository institution.
The request shall contain a petition for the grant of the patent, the name and other data of the applicant, the inventor and the agent and the title of the invention.
Points earned: 1 out of 1
93. A patent shall confer on its owner the following exclusive rights, except one:
Where the subject matter of a patent is a product, to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing that product.
Where the subject matter of a patent is a process, to restrain, prevent or prohibit any unauthorized person or entity from using the process, and from manufacturing, dealing in, using, selling or offering for sale, or importing any product obtained directly or indirectly from such process.
To prohibit the use of the patented product privately and on a non- commercial scale or for a non-commercial purpose for as long as it does not significantly prejudice the economic interests of the owner of the patent. (correct answer, your response)
To assign, or transfer by succession the patent, and to conclude licensing contracts for the same.
Points earned: 1 out of 1
94. If the registered mark becomes the generic name for less than all of the goods or services for which it is registered, a petition to cancel the registration for only those goods or services may be filed. partly true
true (correct answer, your response) False not true not false.
Points earned: 1 out of 1
95. A patent is the right granted to an inventor by the State which allows the inventor to exclude anyone else from commercially exploiting his invention for a limited period, generally 20 years. By granting an exclusive right, patents provide incentives to individuals, offering them recognition for their creativity and material reward for their marketable inventions. These incentives encourage innovation, which in turn contributes to the continuing enhancement of the quality of human life. In return for the exclusive right, the inventor must adequately disclose the patented invention to the public, so that others can gain the new knowledge and can further develop the technology. The disclosure of the invention is thus an essential consideration in any patent granting procedure.Hence, the application shall disclose the invention in a manner that is
substantially clear and complete for it to be carried out by a person skilled in the art. (your response)
sufficiently clear and complete for it to be carried out by a person skilled in the art. (correct answer)
sufficiently descriptive and thorough for it to be carried out by a person familiar with the art.
substantially descriptive and thorough for it to be carried out by a person skilled in the art.
Points earned: 0 out of 1
96. Ms. Celina Conti applied for registration of the mark consisting of the logo below:for massage and spa services (Class 42 Miscellaneous Services). The Coca- Cola Company has existing registrations under Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34. The application will most likely be denied because:
Is NOT identical with a registered mark belonging to any different proprietor or a mark with an earlier filing or priority date, in respect of: The same goods or services, or Closely related goods or services, or If it does not nearly resemble such a mark as to be likely to deceive or cause confusion;
Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the services;
Consists exclusively of signs that are generic for the goods or services that they seek to identify; None of the above. (correct answer, your response)
Points earned: 1 out of 1
97. In EMERALD GARMENT MANUFACTURING CORPORATION vs. COURT OF APPEALS, G.R. No. 100098. December 29, 1995, the holistic approach was used by the Court to determine confusing similarity between the competing trademarks, thereby holding that LEE was not confusingly similar with STYLISTIC MR. LEE. The holistic approach meant, essentially
.... If the competing trademark contains the main or essential or dominant features of another, and confusion and deception is likely to result, infringement takes place. Duplication or imitation is not necessary; nor it is necessary that the infringing label should suggest an effort to imitate.
Being of functional or common use, and not the exclusive invention of any one, it is available to all who might need to use it within the industry. Nobody can acquire any exclusive right to market articles supplying simple human needs in containers or wrappers of the general form, size and character commonly and immediately used in marketing such articles.
In determining whether the trademarks are confusingly similar, a comparison of the words is not the only determinant factor. The trademarks in their entirety as they appear in their respective labels or hang tags must also be considered in relation to the goods to which they are attached. The discerning eye of the observer must focus not only on the predominant words but also on the other features appearing in both labels in order that he may draw his conclusion whether one is confusingly similar to the other. (correct answer, your response) None of the above
Points earned: 1 out of 1
98. An application for registration of a mark filed in the Philippines by a person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, and who previously duly filed an application for registration of the same mark in one of those countries, shall be considered as filed as of the day the application was first filed in the
foreign country. This provision describes: Parity rights Parental rights
priority rights (correct answer, your response) peremptory rights
Points earned: 1 out of 1
99. An invention qualifies for registration as a utility model if it is new and involves an inventive step.
True. A utility model registration shall expire, without any possibility of renewal, at the end of the seventh year after the date of the filing of the application.
False. The rule is settled that the findings of fact of the Director of Patents, especially when affirmed by the Court of Appeals, are conclusive on this Court when supported by substantial evidence. False. Inventive step is not necessary. (correct answer, your response) True. There must be industrial applicability.
Points earned: 1 out of 1
100. If Albert Einstein discovered the Theory of Relativity yesterday, he would still not be able to patent the same under the IP Code because
Although new, it is not a technical solution to a human problem. It is not industrially applicable. It does not involve an inventive step. All of the above. None of the above. (correct answer, your response)