Kenneth Cyrus Z.

Olivar Final Exams

Intellectual Property Law
1. First to file rule states that in the instances that there are two or more persons who made
an invention, the ownership of its right should belong to the one who first filed an
application while in First to invent rule, it states that where there are two or more persons
who made the invention, the right should belong to the actual and true inventor who can
provide substantiate its claim and provide concrete evidence.

2. Right to priority or priority date means that the date of the previous application of the
same invention in another will be used or considered as the date of application of the
patent in the Philippines.

3. Patent infringement refers to the act of making, using, selling or importation of any
patented product or product of a patented process while in Copyright infringement, it
refers to piracy which is the use of literary and artistic works protected by a copyright
without authorization or permission.

4. Doctrine of equivalents refers to an infringement in which there is an appropriation of a

prior invention by using its original concept while making some changes or alterations
but the end result is substantially the same.

5. The limitation of patent rights of the owner are: parallel importation which is employed
by the government or private parties; non-commercial use which does not prejudice the
economic interest of the owner; the use of a patented product with the owner’s consent;
patent exhaustion after the authorized first sale; experimental use for scientific
advocacies; medicine individual preparation and in drugs and medicines.

6. No. According to intellectual property law, registration must be coupled with the use of a
trademark for its continual use and ownership. It is provided in the law that registrant
shall file a declaration of actual use of the mark with evidence to prevent cancellation
except when the registrant can provide justifiable reasons for non-use.

7. According to intellectual property law, the legal effect of non-use or abandonment of a

trade mark or a trade name is cancellation. It is provided that a trade mark must be used
within 3 years from the date of application to prevent its cancellation.

8. Dominancy Test refers to the comparison of two competing marks by using their visual
representation and main distinct characteristics while Holistic Test refers to the overall
aural representation for the determination of similarity.

9. Yes. The suit will prosper.

 According to intellectual property law, copyright infringement refers to the use of works
protected under copyright law without permission. One of the exclusive right which is
violated by copyright infringement is the display or performance of the work without
such authorization or permission.

In the case, the Lotion Company is liable for copyright infringement. The act of
performing the said copyrighted line by a sexy actress without the consent or permission
from Ngek Ngek violated the exclusive right of Ngek Ngek to display or to perform the
said work. Thus, Ngek ngek has a cause of action against the Lotion Company.

10. Yes. The fair use is applicable in this case.

According to intellectual property law, fair use is the privilege of using a
copyrighted material in a reasonable manner. The four factors in determination of whether the
use of a copyrighted material is fair or not are: the purpose and character of the use; nature of the
copyrighted work; amount and substantiality of the portions used and effect of use upon the
potential market of the copyrighted work.
In the case, the purpose and character of the use is for classroom purposes or other
similar purpose. In the nature of copyrighted work, it is published and nonfiction work. On the
third factor which is the amount and substantiality of portions used, only several excerpts of the
copyrighted materials were used in the compilations made. On the last factor which is the effect
of use upon the potential market of the work, the inclusion of such minimal and several excerpts
in the compilations will not affect the potential market because it cannot substitute the said
textbooks or materials.
Fair use is justified in this case because the excerpts lifted from the copyrighted
material are not substantial enough to replace the said textbooks and will result to the damage of
the potential market as regards the copyrighted material.
11. The duration of copyright is during the lifetime of the author and 50 years after death. Patent,
on the other hand, is 20 years without the right to renewal. And the duration of Trade name,
Service name and Trademark is ten years subject to indefinite renewal of 10 years each.