Questions:

1. Any technical solution of a problem in any field of human activity which is new, involves an
inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a
product, or process, or an improvement of any of the foregoing.
a. Patentable Inventions * c. Right to a Patent
b. Non-Patentable Inventions d. None of the above

2. Which of the following are excluded from patent protection?

a. Discoveries, scientific theories and mathematical methods
b. Schemes, rules and methods of performing mental acts, playing games or doing business, and
programs for computers
c. 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
d. All of the above *
3. Statement 1: The final order of refusal of the examiner to grant the patent shall be appealable
to the Director in accordance with this Act.
Statement 2: The Regulations shall provide for the procedure by which an appeal from the
order of refusal from the Director shall be undertaken.
a. Only statement 1 is correct * c. Both statements are correct
b. Only Statement 2 is correct d. Both statements are incorrect
4. Statement 1: To maintain the patent application or patent, an annual fee shall be paid upon the
expiration of three (3) years from the date the application was published pursuant to Section 44
hereof, and on each subsequent anniversary of such date. Payment may be made within three (3)
months before the due date. The obligation to pay the annual fees shall terminate should the
application be withdrawn, refused, or cancelled.
Statement 2: A grace period of six (6) months shall be granted for the payment of the annual
fee, upon payment of the prescribed surcharge for delayed payment.
a. Only statement 1 is correct c. Both statements are correct
b. Only Statement 2 is correct * d. Both statements are incorrect
5. The Director shall have the power to correct, without fee, any mistake in a patent incurred
through the fault of the Office when clearly disclosed in the records thereof, to make the patent
conform to the records.
a. Correction of Mistakes of the Admin
b. Correction of Mistakes in the Implementation
c. Correction of Mistakes of the Office *
d. Correction of Mistakes in the Application
6. On request of any interested person and payment of the prescribed fee, the Director is
authorized to correct any mistake in a patent of a formal and clerical nature, not incurred through
the fault of the Office.
a. Correction of Mistakes of the Admin
b. Correction of Mistakes in the Implementation
c. Correction of Mistakes of the Office
d. Correction of Mistakes in the Application *
7. The filing date of a patent application shall be the date of receipt by the Office of at least the
following elements:
a. An express or implicit indication that a Philippine patent is sought
b. Information identifying the applicant
c. Description of the invention and one (1) or more claims in Filipino or English
d. All of the above *
8. The right to a patent belongs to
a. Friends c. Any relatives
b. None * d. Heirs
9. The patent application shall be in Filipino or English and shall contain the following:
a. A request for the grant of a patent c. Either A or B
b. A description of the invention d. Neither A and B
10. The following grounds if the person cancels the patents
a. That what is claimed as the invention is not new or patentable *
b. That the patent is contrary to public order or immorality
c. That the patent does disclose the invention in a manner sufficiently clear and complete for it to
be carried out by any person skilled in the art; or
d. None of the above
11. It is anything which is adopted and used to identify the source of origin of goods, and which is
capable of distinguishing them from goods emanating from a competitor.

a) Trademark
b) Tradename
c) Service Mark
d) Collective Mark
12. distinguishes the services of an enterprise from the service of other enterprises. It performs for
services what a trademark does for goods.

a) Trademark
b) Tradename
c) Service Mark
d) Collective Mark
13. the person (whether natural or juridical) who does business and produces the goods or the services is
designated by a trade name. -Under the law, there is no need to register trade names in order to secure
protection for them.

a) Trademark
b) Tradename
c) Service Mark
d) Collective Mark
14. 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 and services of different
enterprises which use the sign under the control of the registered owner of the collective mark.

a) Trademark
b) Tradename
c) Service Mark
d) Collective Mark
15. involves the total image of a product, including such features as size, shape, color or color
combinations, texture, and/or graphics.

a) Trademark
b) Trade dress
c) Service Mark
d) Collective Mark
16. Marks are acquired on the following, which is the exemption?

a) The rights in a mark shall be acquired through registration made validly in accordance with its
provisions.
b) The rights in a mark can’t be acquired through registration made validly in accordance with its
provisions.
c) Acquisition through use.
d) This proposition of law, however, may not be converted for it is not true that where there is no
registration, there is no protection.
17. The filing date of an application shall be the date on which the office received the following
indications, which is the exemption?

a) An express or implicit indication that the registration of a mark is sought

b) Indications sufficient to contact the applicant or his representative, if any
c) A reproduction of the mark where registration is sought
d) The list of the goods or services for which the registration is not sought.
18. Who is allowed to file for cancellation of trademark and tradename?

a) Owner
b) Any person who believes that he is and will be damaged by the registration of a mark may file for
cancellation.
c) Officials
d) Secretary
19. The following are the effects of non-use, which is the exemption?

a) May be excused if caused by circumstances arising independently of the will of the trademark
owner, such as military coup, or political changes that impede commerce.
b) Registration is an administrative act declaratory of a pre-existing right that does not, of itself,
perfect a trademark, for what does is actual use
c) Non-use is a ground for removing a mark from the register
d) Denial of the application or amendment thereof or publication of the application

20. It consists in seeking out the main, essential or dominant features of a mark.

a) Dominancy Test
b) Holistic Test
c) Post-lecture Test
 d) Effective Test
21. A form of intellectual property law, protects original works of authorship including literary,
dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer, software
and architecture..
a. Patents c. Trademark
b. Copyrights d. none of the above
22. Statement 1: Copyright can be transferred of assigned in whole or in part.
Statement 2: The author/creator of any work can wave of transfer copyright on his/her work in
favour of a corporation or another individual.
a. True,False c. False,True
b. True,True d. False,False
23.Is there any special law that ensures the protection to copyright owners of audio-visual
works?
a. Yes, the Optical Media Act of 2003. This Act regulates the manufacture, mastering,
replication, importation and exportation of optical media in which information, including
sounds and/or images, or software code, has been stored, either by mastering and/or
replication.
b. No, This Act regulates the manufacture, mastering, replication, importation and
exportation of optical media in which information.
c. No, the Optical Media Act of 2003. This Act regulates the manufacture, mastering,
replication, importation and exportation of optical media in which information, including
sounds and/or images, or software code, has been stored, either by mastering and/or
replication.
d. None of the above
24. Statement 1: Imprisonment of between 1 to 3 years and a fine of between 40,000 to 150,000
pesos for the first offense.
Statement 2: Imprisonment of 3 years and 1 day to six years plus a fine of between 150,000 to
500,000 pesos for the second offense.
a.True,False c. False,True
b.True,True d. False,False
25. What are the remedies available to an owner of a copyright against an infringer?
a. The copyright owner can file a criminal, civil or administrative action for copyright
infringement
b. The copyright owner can file a criminal case for copyright infringement must be filed in the
court situated in the place where the violation occurred.
c. Only A
d. A and B
26. What is the purpose to be an infringing copy of the work under the Philippine law?
a. Selling or letting for hire, or by way of trade offering or exposing for sale or hire.
b. trade offering of the article
c. Selling the rights of copyright owner
d. none of the above
27.According to Section 177 of the law of Copyright, these rights consist of the right to allow,
impede, or carry out of the following by the author: except
a. Public performance of the work c. Public display of the original or copy of the work
b. Replication of the work, or a portion of the work d. Private performance of the work
28. Who are considered owners of the copyrightable works? If the work is of joint ownership:
a. the one who commissioned the work jointly owns it with the author/creator
b. The author of each part is the owner of such part he/she created, if the work consists of parts
that can be used separately and the author of each part can be identified.
c. Employer is the owner, if the work created is the result of the performance of employee’s
regularly-assigned duties, unless otherwise agreed upon.
29. Which is not types of Rights under law of Copyrigth
a. Economic Rights c.Resale Rights
b. Moral Rights d. Authors Rights
30. What works are not protected by copyright under Philippine law?
a. 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;
b. News of the day and other miscellaneous facts having the character of mere items of press
information;
c. Official text of a legislative, administrative or legal nature, as well as any official translation
thereof;
d. Work of the Philippine Government, unless there was a prior approval by the appropriate
government agency.
e. all of the above

Summary about Copyright

Copyright, a form of intellectual property law, protects original works of authorship including
literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer,
software and architecture.

The author or creator waive or transfer copyright.

* The author/creator of any work can waive or transfer copyright on his/her work in favor of a
corporation or another individual.
*Copyright can be transferred or assigned in whole or in part.

The special law that ensures the protection to copyright owners of audio-visual works is the
Optical Media Act of 2003. This Act regulates the manufacture, mastering, replication,
importation and exportation of optical media in which information, including sounds and/or
images, or software code, has been stored, either by mastering and/or replication.

The remedies available to an owner of a copyright against an infringer.

The copyright owner can file a criminal, civil or administrative action for copyright
infringement. A criminal case for copyright infringement must be filed in the court situated in the
place where the violation occurred. The administrative suit is filed at the Bureau of Legal Affairs
at the Intellectual Property Office of the Philippines. A civil infringement lawsuit is filed in the
appropriate court located at the place where the defendant resides/is located, or where the
plaintiff resides/is located, at the option of the plaintiff.

Under Philippine law, copyright infringement occurs when there is a violation of any of the
exclusive economic or moral rights granted to the copyright owner. It may also consist in aiding
or abetting such infringement. The IP Code also provides for the liability of a person who at the
time when copyright subsists in a work has in his possession an article which he knows, or ought
to know, to be an infringing copy of the work for the following purposes: (a) selling or letting for
hire, or by way of trade offering or exposing for sale or hire, the article; (b) distributing the
article for the purpose of trade, or for any other purpose to an extent that will prejudice the rights
of the copyright owner in the work; or (c) trade exhibit of the article in public.

The owners of original literary and artistic works are: The author of the work;
*If the work is of joint onershiwp:
a.The co-authors are the original owners and in the absence of agreement, their rights shall be
governed by the rules on co-ownership.
b.The author of each part is the owner of such part he/she created, if the work consists of parts
that can be used separately and the author of each part can be identified.
*If the work is created in the course of employment:
a.Employee is the owner, if the work created is not part of employee’s regular duties even if he
uses the time, facilities and materials of the employer;
b.Employer is the owner, if the work created is the result of the performance of employee’s
regularly-assigned duties, unless otherwise agreed upon.
*If the work was commissioned, the one who commissioned the work jointly owns it with the
author/creator – but the copyright of the work remains with author/creator, unless otherwise
agreed upon;

Under Philippine law, copyright infringement is punishable by the following:

*Imprisonment of between 1 to 3 years and a fine of between 50,000 to 150,000 pesos for the
first offense.
*Imprisonment of 3 years and 1 day to six years plus a fine of between 150,000 to 500,000 pesos
for the second offense.
*Imprisonment of 6 years and 1 day to 9 years plus a fine ranging from 500,000 to 1,500,000
pesos for the third and subsequent offenses.
The offending party may also be ordered to pay civil damages.
Injunction and destruction of the infringing goods or products can also be obtained, as well as
seizure and impounding of any article which may serve as evidence in the court proceedings.

The works are not protected by copyright under Philippine law

Copyright protection does not cover:
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;
Official text of a legislative, administrative or legal nature, as well as any official translation
thereof;
Work of the Philippine Government, unless there was a prior approval by the appropriate
government agency; and
Statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations,
pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative
assemblies and in meetings of public character

Summary about Law on Patent

Republic Act No. 8293, otherwise known as The Intellectual Property Code of
the Philippines lays down the rules and regulations that grant, and enforce patents in the
Philippines. Patents may be granted to technical solutions such as an invention, machines,
devices, processes, or an improvement of any of the foregoing. The technical solution must be
novel, innovative, and industrially useful. In order for a technical solution to be granted a patent,
the inventor must file an application to the Bureau of Patents, which will examine, and in some
cases, grant its approval. The law is designed as to foster domestic creativity, to attract foreign
investors, and to motivate inventors to release their products for public access.

Right to a Patent. — The right to a patent belongs to the inventor, his heirs, or assigns.
When two (2) or more persons have jointly made an invention, the right to a patent shall belong
to them jointly.

Term of Patent. — The term of a patent shall be twenty (20) years from the filing date
of the application. 

Effective date of Patent

If the application meets the requirements of this Act, the Office shall grant the patent: Provided,
that all the fees are paid on time.
If the required fees for grant and printing are not paid in due time, the application shall be
deemed to be withdrawn.
A patent shall take effect on the date of the publication of the grant of the patent in the IPO
Gazette.

Cancellation of Patent - Any interested person may, upon payment of the required fee,
petition to cancel the patent or any claim thereof, or parts of the claim, on any of the following
grounds:

a. That what is claimed as the invention is not new or Patentable

b. 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; or
c. That the patent is contrary to public order or morality.

Summary about Trademark

TRADEMARK - anything which is adopted and used to identify the source of origin of goods, and which
is capable of distinguishing them from goods emanating from a competitor.

SERVICE MARK - distinguishes the services of an enterprise from the service of other enterprises. It
performs for services what a trademark does for goods.

TRADE NAMES - the person (whether natural or juridical) who does business and produces the goods or
the services is designated by a trade name. -Under the law, there is no need to register trade names in
order to secure protection for them.

COLLECTIVE MARK - 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
and services of different enterprises which use the sign under the control of the registered owner of the
collective mark.

TRADE DRESS - involves the total image of a product, including such features as size, shape, color or
color combinations, texture, and/or graphics.

HOW MARKS ARE ACQUIRED

  The rights in a mark shall be acquired through registration made validly in accordance with its
provisions.
 This proposition of law, however, may not be converted for it is not true that where there is no
registration, there is no protection.
 Acquisition through use.
 Whether or not a registered trademark is employed, when a person has identified in the mind of
the public the goods he manufactures or deals in his business or services from those of others,
such a person has a property right in the goodwill of said goods or services which will be
protected in the same manner as other property rights.
RIGHTS CONFERRED

 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.

DURATION

 The certificate of registration of a trademark shall be ten (10) years from the filing date of
application provided the registrant shall file a declaration of actual use within a year from the 5th
anniversary of registration date and renewable for another 10 yrs.

NON-REGISTRABLE TRADEMARKS, TRADE NAMES AND SERVICE MARK

A mark cannot be registered if it:

a) 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;

b) Consists of the flag or coat of arms or other insignia of the Philippines or any of its political
subdivisions, or of any foreign nation, or any simulation thereof;

c) 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 window;
d) 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 gods 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 confusion;

e) 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.

f) Is identical with, or confusingly similar to, or constitutes a translation of a mark considered well-known
in accordance with the preceding paragraph, 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: provided, that
use of the mark in relation to those goods or services would indicate a connection between those goods or
services, and the owner of the registered trademark.

g) Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical
origin of the goods or services;

h) Consists exclusively of signs that are generic for the goods or services that they seek to identify;

i) Consists exclusively of signs or of indications that have become customary or usual to designate the
goods or services in everyday language or in a bonafide and established trade practice;

j) Consists exclusively of signs or 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;

k) 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

l) Consists of color alone, unless defined by a given form

m) Is contrary to public order or morality

FILING DATE OF AN APPLICATION

 The filing date of an application shall be the date on which the office received the following
indications and elements in English or Filipino:

a) An express or implicit indication that the registration of a mark is sought

b) Indications sufficient to contact the applicant or his representative, if any

d) A reproduction of the mark where registration is sought

e) The list of the goods or services for which the registration is sought.

PROCEDURE FOR REGISTRATION

a) Examination to determine whether the application satisfies the requirements for the grant of a filing
date. b) Examination to determine whether the application meets the requirements of Sec. 124 and the
mark is registrable under Sec. 123.

c) Denial of the application or amendment thereof or publication of the application;

d) Opposition to the application; notice; hearing; decision by examiner; appeal to the Director of Bureau
of Trademarks; appeal to the IPO Director General; appeal to the CA;

e) Issuance of Certificate of registration

f) Publication in the IPO Gazette of the fact of registration

CANCELLATION OF TRADEMARK OR TRADENAME

Any person who believes that he is and will be damaged by the registration of a mark may file for
cancellation.

EFFECTS OF NON-USE

 May be excused if caused by circumstances arising independently of the will of the trademark
owner, such as military coup, or political changes that impede commerce.
 Registration is an administrative act declaratory of a pre-existing right that does not, of itself,
perfect a trademark, for what does is actual use
 Non-use is a ground for removing a mark from the register

DOCTRINE OF SECONDARY MEANING

While a generic, indicative or descriptive mark will, as a general rule, be denied registration, there is a
circumstance that will allow it to be registered. Under the doctrine of secondary meaning, when a mark
has become distinctive of the applicants gods in commerce and, in the mind of the public, indicates a
single source of consumers, it may be registered.

WHAT CONSTITUTES AN INFRINGEMENT

Under RA 8293, any person shall, without the consent of the owner of the registered mark.
Use 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 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 colorable 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, shall be liable for infringement.
TEST OF TRADEMARK INFRINGEMENT
Dominancy Test - consists in seeking out the main, essential or dominant features of a mark.
Holistic Test – take stock of the other features of a mark, taking into consideration the entirety of the
marks.
DIFFERENTIATED FROM UNFAIR COMPETITION
1) Cause of action: in infringement, the cause of action is the unauthorized use of a registered trademark;
in unfair competition, it is the passing off of one’s goods as those of another merchant.
2) Fraudulent intent is not necessary in infringement, but necessary in UC.
3) Registration of trademarks: in infringement, it is a pre- requisite; in UC, it is not required.
4) Class of goods involved: in infringement, the goods must be of similar class; in UC, the goods need not
be of the same class.

REMEDIES AVAILABLE IN CASE OF INFRINGEMENT OF A REGISTERED MARK

a) Sue for damages
b) Have the infringing goods impounded
c) Ask for double damages
d) Ask for injunction
e) Have the infringing goods disposed of outside the channels of commerce
f) Have the infringing goods destroyed
g) File criminal action
h) Administrative Sanction
UNFAIR COMPETITION
Any person who shall 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, shall be guilty of unfair competition.
a) Making one’s goods appear as the goods of another;
b) Use of artifice or device to induce the false belief that one’s goods are those of another;
c) False statements in the course of trade; or
d) Any act contrary to good faith calculated to discredit another’s goods
How Committed
a) Making one’s goods appear as the goods of another;
b) Use of artifice or device to induce the false belief that one’s goods are those of another;
c) False statements in the course of trade; or
d) Any act contrary to good faith calculated to discredit another’s goods
TEST OF UNFAIR COMPETITION
The test is whether certain goods have been clothed with an appearance likely to deceive the ordinary
purchaser exercising ordinary care.
REMEDIES AGAINST UNFAIR COMPETITION
a) Damages which may either be:
-reasonable profit which would have realized, or
-actual profits collected by the defendant, or
-a certain percentage over the gross sales of defendant in case of the measure of damages cannot be
readily ascertained;
b) Damages may be doubled in cases where actual intent to mislead the public or to defraud the complaint
is shown;
c) Impounding of sales invoices and other documents evidencing sales;
d) Injunction
e) Destruction of goods found to be infringing, and all paraphernalia.