I.1. Differentiate trademark, copyright and patent from each other.

ANSWER:
As to definition, trademark is any visible sign capable of distinguishing goods or
services of an enterprise and shall include stamped or marked container of
goods. Copyright is a literary and artistic works which are original intellectual
creations in the literary and artistic domain protected from the moment of its
creation. Patent refers to any technical solution to a problem, which is new and
involves an inventive step, and is industrially applicable.
As to protection granted by law, trademark is protected even without registration.
Copyright is protected from the moment of its creation. Patent is protected from
date of filing of application for registration of patent.
As to term of protection, trademark is protected for ten (10) years and renewable
upon expiration. Copyright is protected depending on the type of work. Patent is
protected for 20 years from the date of filing of the application.
I.2. What is the doctrine of equivalents? Distinguish it from literal infringement.
ANSWER: Doctrine of Equivalents means that it shall be taken into account that
the elements which are equivalent to the elements expressed in the claims, so
that a claim shall be considered to cover not all the elements expressed therein,
but also equivalents. It is different from literal infringement because the latter
must consider the overall context of the claims and specifications, to determine
whether there is exact identity of all material elements, not merely equivalents.
I.3. Distinguish “First to File Rule” from “Right of Priority”.
ANSWER: On one hand, “First to Rile Rule” is applicable when two or more
persons have made an invention separately and independently of each other, the
right to the patent shall belong to the person who filed an application for such
invention.
On the other hand, “Right of Priority” is applicable when there is an application
for patent filed by any person who has previously applied for the same invention,
or law affords similar privileges to Filipino citizens, shall be considered filed as of
date of filing the foreign application, subjection to conditions provided for by law.
I.4. Leonardo invented a device which, through the use of sanitized gel, can recharge a
cellphone battery. He applied and was granted a patent effective within the Philippines.
A year before, however, Brad had invented a similar device which he has been using at
his stall in Greenhills.  Leonardo files a civil action for patent infringement against Brad
with prayer for preliminary injunction. Will the suit prosper? Why or why not?
ANSWER: No, the suit will not prosper because the law recognizes the “Prior
User.”
The law provides that the prior user who in good faith, has already been using the
invention in the Philippines, even before the filing date or priority date of the
application, shall have the right to continue using the same.
Here, Brad is in good faith. Hence, the civil action for patent infringement filed by
Leonardo must fail.
I.5. The Pinoy Pharmaceutical Corporation (PPC) invented and patented a new
medicine for the cure of COVID-19 called Pinoy Ito Gamot or PIG-C19. PPC started
selling PIC-C19 at an exorbitant price that only a few could afford it. Because of the
emergency situation, the Department of Health (DOH) asked PPC for a license to
produce and sell PIC-C19 to the public at a substantially lower price. PPC citing
allegedly huge costs and expenses refused.  As the legal consultant of the DOH, what
will you offer as remedy? 
ANSWER: The remedy I will offer is to obtain Compulsory Licensing by filing a
petition before the Director General of the Intellectual Property Office, to exploit a
patented invention, even without the agreement of the patent owner, in favor of
any person who has shown capability to exploit the invention.
In this case, the DOH can properly invoke national emergency as a ground for the
issuance of the compulsory license to exploit the patented medicine invented by
the PPC.
I.6. Dr. Medico discovered a new method of treating COVID-19 involving a special
method of diagnosing the disease, treating it with new medicine that resulted from long
experiments, clinical trials and field testing, and novel measurable mind exercises. Can
he apply for a patent for his new method of diagnosis, new medicine and new method of
treatment?
ANSWER: No, he cannot apply a patent for his new method, new medicine and
new method of treatment because these are non-patentable inventions.

I.7. Dr. Medico applied for a patent for his new medicine but it was taking too long that
he instead filed an application for and obtained a copyright of “Staying Alive” the name
of his new medicine for COVID-19.  What protection, if any, does he have relative to his
new medicine?
1.8. Matthew works as an auditor at the All Clean, Inc. (ACI). During office hours,
usually while waiting for his colleagues to arrive for their audit committee meeting, he
formulated a device that would enable the user to detect if there are particular virus
droplets or traces on any surface or object. After some time spent both at the office and
at home, he finally came up with such device that his lawyer told him is patentable. Who
has the right over the patent?
 1. What is the requirement of actual use in connection with marks?
2. What is the connection or relation, if any, between trademark infringement and
unfair competition?
ANSWER:
3. Is there a conflict between the Madrid Protocol and the IP Code? Why or why
not?
4. Based on the cases assigned, which between the dominancy test and the holistic
test, is more often applied? Please make a table of the pertinent cases, indicate
which ones were decided using what test(s) and cite pertinent portions.
5. What test and findings did J. Leonen use in the case of Citibank to conclude that
there was no confusing similarity between the two marks?
6. In the case of Emerald, what did H.D. Lee allege to prove that its mark was well-
known internationally? 
7. Why is unfair competition always a question of fact per the case of San Miguel
Pure Foods?
8. How is the idem sonans rule applied? Illustrate how this rule has been applied by
the SC. l
III.1. What is the function/utility of copyright registration at the National Library?
ANSWER: The function/utility of copyright at the National Library is merely to
serve as a notice of record and registration but not to confer any rights or title
upon the registered owner of the copyright, or automatically put his work under
the protective mantle of copyright law.
III.2. Dr. Jose Rizal wrote numerous letters and many of these were addressed and sent
to his sisters and brother. Over the years, the direct descendants of his sisters and
brother have kept and safeguarded the originals of those letters. Who owns the
copyright to those letters?
ANSWER: The owner of the copyright shall be the heirs.
III.3. As City Mayor, Ms. Sara B. has been distributing relief goods to her constituents at
their homes. One time, a photo-journalist from The Daily Star took pictures of her and
one was published in the front page of said newspaper. Ms. Sara wants to file copyright
infringement against The Daily Star and its photo-journalist. Will the case prosper?
ANSWER: No, because the copyright of the pictures belongs to the photographer
and not to her.
III.4. Esteban Trabajo created an application for mobile phones which he named
“iTawagKo”. The app enables users to easily search and locate the mobile phone
numbers of one’s contacts by grouping them into frequency of calls/texts made to and
from such numbers, the locations where incoming calls are made, the duration of such
calls, etc. Is Esteban’s app copyrightable?
ANSWER:
III.5. What is the four factor test in determining fair use?
 ANSWER: