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CD Finals

Julia can file a patent for her device as it meets the criteria of being new and involving an inventive step. X cannot sue Company Y for trademark violation unless there is confusion regarding business reputation. Dr. Cuac can only protect the new medicine, while JJ holds the patent for his invention as he was employed by ACME Corp, and the employee's actions violate trade secret laws.

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Tonette Reparejo Santillan
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49 views2 pages

CD Finals

Julia can file a patent for her device as it meets the criteria of being new and involving an inventive step. X cannot sue Company Y for trademark violation unless there is confusion regarding business reputation. Dr. Cuac can only protect the new medicine, while JJ holds the patent for his invention as he was employed by ACME Corp, and the employee's actions violate trade secret laws.

Uploaded by

Tonette Reparejo Santillan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

I. Yes, Julia can still file a patent.

Under the Intellectual Property Code, a patentable


invention is any technical solution to a problem in any
field of human activity which is new, involves an inventive
step, and industrially applicable.

Here, Julia’s device is different from that of Pedro’s client,


in so far as its process and technique are concerned.
Hence, Julia’s device falls under what the law
contemplates as a patentable invention.

II. X cannot sue Company Y for violation of IPC.


The law provides that a descriptive word cannot be a
subject of trademark protection. The exception to this rule
is the Doctrine of Secondary meaning.
However, assuming ar guendo that the same doctrine is
applicable to the case at bar, X may sue Y if it violates the
natural extension of his business or if its reputation will be
confused and put at the mercy of the second user

III. Dr. Cuac may only protect the new medicine.


Sec.21 of the Intellectual Property Code enumerates the
non-patentable innovations, two of which are (1) method
for treatment of the human and animal body, and (2)
schemes, rules and method for performing mental acts,
playing games and doing business, and programs for
computers.
In the case at hand, the new method of diagnosis falls
under the first for being a medical process no one has
monopoly over. The new method of treatment falls under
the second circumstances.
Therefore, Dr. Quc may only protect the new medicine.

IV. The right to the patent of the new product belongs to JJ.
Under the law, patent may be acquired by registration.
Such registration is a prima facie evidence that the
applicant is in fact the true inventor.
Here, JJ was commissioned and employed by ACME Corp.
He has patent over his invention.
V. The employee’s contention is not tenable.
The law provides for the concept of trade secrets in order
to protect commercial trades. It means that employees
are barred from disclosing information obtained either
directly or indirectly from the trade of their employer.
In the case at hand, the employee copied the recipe and
method which is in violation of the concept of trade
secrets.
Hence, the employee is not correct.

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