ACTIVITY NO.

2 ( September 13, 2021) 

1. PAOLO  is a patent owner of a certain invention. He discovered that his

invention is being infringed  by LJ . What are the remedies available to
PAOLO against LJ? If you were the lawyer of LJ in the infringement
suit, what are the defenses that your client can assert? Explain fully
your answers.

answer:
The law provides remedies to Paolo, an owner of an invention, against
the infringement of LJ which are to either file a civil, criminal, or
adminitrative remedy depending on such a case. He may seek for civil
action in recovering damages which he suffered, criminal action if the
infringemnet is repeated, or administrative the amount of damages
claimed is not less than P200,00.00. Paolo may opt with these
remedies based on legal damages he sustained. 

On the other hand, if I were the lawyer of LJ, I will discuss to her the
following dfenses: that she can show the invalidity of the patent; that
the claimed invention is not new and such invention is not sufficiently
clear and complete for it to be carried out by any person skilled in the
art. These defenses show that involve an inventive step because it is
not new. Suffice to say that it does not satisfy the elements of
patentability. 

2. In a tabulated form, distinguish the following:

a. Patent
b. Utility model
c. Lay-out design
d. Industrial designs
e. Integrated circuits

Distinguishment as to duration

Patent 20 years from date of filing of application without renewal

Utility model 7 years from the filing date of the application without renewal

Lay-out 10 from the date the layout design was first commercially
design exploited

industrial 5 years from the filing date of application which is renewable for
designs not more than two consecutive periods of five years

integrated 10 years beginning from the filing date of the application or its
circuits first commercial exploitation, nonrenewable