UNIVERSITY OF ST.

LA SALLE
COMPREHENSIVE EXAMINATION
YU AN LOG COLLEGE OF BUSINESS AND ACCOUNTANCY

1. X is a depositor of AAA Bank. She has three (3) deposit accounts all under
her name. One, in checking account, one in saving account and another one in
time deposit account. Each account has a balance of Php250,000. AAA Bank
became insolvent. Philippine Deposit Insurance Corporation closed the Bank.
X therefore is unable to withdraw from all of the accounts. She then filed
her claims with the Philippine Deposit Insurance Corporation. Which
statement is most accurate?
a. X can claim a total of Php500,000 for all the three (3) accounts.
b. X can only claim from one (1) account of Php250,000.
c. X can claim a total of Php750,000 from all the three (3) accounts.
d. X cannot claim anything from any of the deposit accounts.

2. The Bank Secrecy Law (RA 1405) prohibits disclosing any information about
deposit records of an individual without court order except -
a. In an examination to determine gross estate of a decedent.
b. In an investigation for violation of Anti-Graft and Corrupt Practices.
c. In an investigation by the Ombudsman.
d. In an impeachment proceeding.

3. X works as a research computer engineer with the Institute of Computer

Technology, a government agency. When not busy with his work, but during
office hours, he developed a software program for law firms that will allow
efficient monitoring of the cases, which software program is not at all
related to his work. Assuming the program is patentable, who has the right
over the patent?
a. X;
b. Institute of Computer Technology;
c. Neither X nor the Institute of Computer Technology can claim patent
right over the invention;
d. X and the employer of X will jointly have the rights over the patent.

4. The "test of dominancy" in the Law on Trademarks, is a way to determine

whether there exists an infringement of a trademark by -
a. Determining if the use of the mark has been dominant in the market.
b. Focusing on the similarity of the prevalent features of the competing
marks which might create confusion.
c. Looking at the mark whether they are similar in size, form or color.
d. Looking at the mark whether there is one specific feature that is
dominant.

5. X's painting of Madonna and Child was used by her mother to print some
personalized gift wrapper. As part of her mother's efforts to raise funds
for Bantay Bata, the mother of X sold the wrapper to friends. Y, an
entrepreneur, liked the painting in the wrapper and made many copies and
sold the same through National Bookstore. Which statement is most accurate?
a. Y can use the painting for his use because this is not a copyrightable
material.
b. X can sue Y for infringement because artistic works are protected from
moment of creation.
c. Works of art need to be copyrighted also to get protection under the
law.
d. Y can use the drawing even though not copyrighted because it is
already a public property having been published already.

6. Compulsory Licensing of Inventions which are duly patented may be dispensed

with or will be allowed exploitation even without agreement of the patent
owner under certain circumstances, like national emergency, for reason of
public interest, like national security, etc. The person who can grant such
authority is -
a. the Director General of the Intellectual Property Office;
b. the Director of Legal Affairs of the Intellectual Property Office;
c. the owner of the Patent right;
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d. Any agent of the owner of the Patent right.

7. The Fair Use Doctrine allows others to utilize copyrighted works under
certain conditions. The factors to consider whether use is fair or not would
be the purpose and character of the use, nature of the copyrighted work,
amount and substantiality of the portions used, and what else?
a. Effect of the use upon the creator of the work.
b. Effect of the use upon the potential market of the work.
c. Effect of the use upon the public in general.
d. Effect of the use upon the class in which the creator belongs.

8. XYZ Corporation bought ten (1 0) units of Honda Civic from CCC Corporation.
ABC Bank granted a loan to XYC Corporation which executed a financing
agreement which provided for the principal amount, the installment payments,
the interest rates and the due dates. On due dates of the installment
payments, XYZ Corporation was asked to pay for some handling charges and
other fees which were not mentioned in the Financing Agreement. Can XYC
Corporation refuse to pay the same?
a. No, because handling charges and other fees are usual in certain
banking transactions.
b. Yes, because ABC Bank is required to provide XYZ Corporation not only
the amount of the monthly installments but also the details of the
finance charges as required by the Truth in Lending Act.
c. No, because the Finance Agreement is a valid document to establish the
existence of the obligation.
d. Yes, because legally, finance charges are never allowed in any banking
transaction.

9. Which of the following is an exception to the secrecy of bank deposits which

are in Philippine Pesos, but NOT an exception to the secrecy of foreign
currency deposits?
a. Upon Bangko Sentral ng Pilipinas (SSP) inquiry into or examination of
deposits or investments with any bank, when the inquiry or examination
is made in the course of the SSP's periodic special examination of
said bank to ensure compliance with the Anti-Money Laundering Act
(AMLA);
b. Upon Philippine Deposit Insurance Corporation (PDIC) and SSP inquiry
into and examination of deposit accounts in case there is a finding of
unsafe or unsound banking practice;
c. Upon inquiry in cases of impeachment;
d. Upon inquiry by the Commissioner of Internal Revenue in the event a
taxpayer files an application to compromise his tax liabilities on the
ground of financial incapacity.

10. The Anti-Money Laundering Law is a law that seeks to prevent money
laundering activities by providing for more transparency in the Philippine
Financial System, hence the following institutions are covered by the law,
except:
a. Bank and any financial institutions;
b. Pawnshops;
c. Casino operators;
d. All of the above.

11. For purposes of determining violation of the provisions of Anti-Money

Laundering Law, a transaction is considered as a "Suspicious Transaction"
with "Covered Institutions" regardless of the amount involved, where which
the following circumstances exist/s?
a. the amount involved is not commensurate with the client's business or
financial capacity;
b. there is no underlying legal or trade obligation, purpose or economic
justification;
c. client is not properly identified;
d. All of the above.

12. It is known as “Truth in Lending Act.”

a. RA 3457

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b. RA 3675
c. RA 3567
d. RA 3765

13. Under the Intellectual Property Code, lectures, sermons, addresses or

dissertations prepared for oral delivery, whether or not reduced in writing
or other material forms, are regarded as
a. Non-original works.
b. Original works.
c. Derivative works.
d. Not subject to protection.

14. T is the registered trademark owner of "CROCOS" which he uses on his

ready-to-wear clothes. Banking on the popularity of T's trade mark, B came
up with his own "CROCOS" mark, which he then used for his "CROCOS" burgers.
T now sues B for trademark infringement but B argues that his product is a
burger, hence, there is no infringement. Is B correct?
a. No, since the owner of a well-known mark registered in the Philippines
has rights that extends even to dissimilar kinds of goods.
b. Yes, since the right of the owner of a well-known mark registered in
the Philippines does not extend to goods which are not of the same
kind.
c. Yes, as B was in bad faith in coming up with his own "CROCOS" mark.
d. No, since unlike T, he did not register his own "CROCOS" mark for his
product.

15. Under the Truth in Lending Act, which of the following shall be fully
disclosed.
a. True Creditors and Debtors
b. True Cost of Credit
c. True Financial History of the Borrower
d. True Financial Transaction of the borrower

16. The government agency granted with the power of supervision and
examination over banks and non-bank financial institutions performing quasi-
banking functions, to ensure that the conduct of its business is on a sound
financial basis that will provide continued solvency and liquidity is -
a. The Philippine Deposit Insurance Corporation;
b. The Bangko Sentral ng Pilipinas;
c. The Anti-Money Laundering Council;
d. The Securities and Exchange Commission.

17. XYZ Corporation is engaged in lending funds to small vendors in

various public markets. To fund the lending, XYZ Corporation raised funds
through borrowings from friends and investors. Which statement is most
accurate?
a. XYZ Corporation is a bank.
b. XYZ Corporation is a quasi-bank.
c. XYZ Corporation is an Investment Company.
d. XYZ is none of the above.

18. X is being charged for violation of Anti-Graft and Corrupt Practices

because he is suspected of having accumulated unexplained wealth. X
maintains deposit accounts with ABC Bank. The Ombudsman filed criminal cases
against X before the Sandiganbayan. Can the Court issue subpoenas against
ABC Bank to produce all documents pertaining to all the deposit accounts of
X?
a. Yes, because there is already a pending case and provided the subpoena
must be specific as to which account.
b. Yes, it is enough that the specific bank is identified.
c. No, because the issuance of the subpoena has no real legal basis.
d. Even without a subpoena, information about the deposit accounts of X
can be submitted to the Sandiganbayan because it will be used in a
pending case.

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19. X, a private individual, maintains a dollar deposit with ABC Bank. X

is suspected to be the leader of a Kidnap for Ransom Gang and he is
suspected of depositing all ransom money in said deposit account which are
all in US Dollars. The police want to open said account to know if there are
really deposits in big amounts. Which statement is most accurate?
a. The same rules under Secrecy of Bank Deposit Act will apply.
b. An approval from the Monetary Board is necessary to open the account.
c. Because the deposit is in US Dollars, it is covered by the Foreign
Currency Deposit Act which allows disclosure only upon the written
permission of the depositor.
d. Approval from the Court is necessary to order disclosure of the
account.

20. X is a depositor of AAA Bank. She has three (3) deposit accounts all
under her name. One, in checking account, one in saving account and another
one in time deposit account. Each account has a balance of Php250,000. AAA
Bank became insolvent. Philippine Deposit Insurance Corporation closed the
Bank. X therefore is unable to withdraw from all of the accounts. She then
filed her claims with the Philippine Deposit Insurance Corporation. Which
statement is most accurate?
a. X can claim a total of Php500,000 for all the three (3) accounts.
b. X can only claim from one (1) account of Php250,000.
c. X can claim a total of Php750,000 from all the three (3) accounts.
d. X cannot claim anything from any of the deposit accounts.

21. The Bank Secrecy Law (RA 1405) prohibits disclosing any information
about deposit records of an individual without court order except -
a. In an examination to determine gross estate of a decedent.
b. In an investigation for violation of Anti-Graft and Corrupt Practices.
c. In an investigation by the Ombudsman.
d. In an impeachment proceeding.

22. Under the Anti-Money Laundering Law, a covered institution is required

to maintain a system of verifying the true identity of their clients as well
as persons purporting to act on behalf of
a. Those doing business with such clients.
b. Unknown principals.
c. The covered institution.
d. Such clients.

23. Which of the following is not furnished by creditor to person whom

credit is extended?
a. The cash prize or delivered price of the property or service to be
acquired.
b. The amounts, if any, to be credited as down payment and/or trade in.
c. The total amount to be financed.
d. The effective interest rate.

24. Apart from economic rights, the author of a copyright also has moral
rights which he may transfer by way of assignment. The term of these moral
rights shall last
a. During the author's lifetime and for 50 years after his death.
b. Forever.
c. 50 years from the time the author created his work.
d. During the author's lifetime.

25. X invented a device which, through the use of noise, can recharge a
cellphone battery. He applied for and was granted a patent on his device,
effective within the Philippines. As it turns out, a year before the grant
of X's patent, Y, also an inventor, invented a similar device which he used
in his cellphone business in Manila. But X files an injunctive suit against
Y to stop him from using the device on the ground of patent infringement.
Will the suit prosper?
a. No, since the correct remedy for X is a civil action for damages.
b. No, since Y is a prior user in good faith.

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c. Yes, since X is the first to register his device for patent

registration.
d. Yes, since Y unwittingly used X’s patented invention.

26. It is a known as the Data Privacy Act of 2012.

a. RA 10172
b. RA 10173
c. RA 10137
d. RA 10317

27. Samsung invented a cellular phone that can also play digital music or
MP3s. It applied for the issuance of letters patent.
a. The invention is not patentable because it is a combination of old
functions which does not produce a new result.
b. The invention is patentable because it is a new product which is
beneficial to the public.
c. The invention is not patentable because Samsung is a foreign
corporation and it should file its application in its home country.
d. The invention is patentable because it combines existing elements, a
cellular phone and a digital music player, and produces a new and
useful result, namely, the convenience of having two gadgets in one.

28. Lucky Me registered its trademark, “Ang Sarap Pancit Palabok” with the
Intellectual Property Office. Nissin subsequently introduced its new
product, “Ang Sarap Pinoy Ramen”. Lucky Me sued for trademark infringement.
a. Nissin is not guilty of trademark infringement because the trademark
“Ang Sarap” is descriptive, hence not capable of exclusive
appropriation.
b. Nissin is not guilty of trademark infringement because its product,
Pinoy Ramen, belongs to a different category from Lucky Me’s
product, Pancit Palabok.
c. Nissin is guilty of trademark infringement because it did not
register its trademark “Ang Sarap Pinoy Ramen”.
d. Nissin is guilty of trademark infringement because the trademark
“Ang Sarap” is fanciful and arbitrary, hence capable of exclusive
appropriation.

29. Center Book Store is the publisher of the book Legal Journal. It
donated one copy to the Library of the U.E. College of Law. The Library, in
order to preserve the original book, reproduced one copy of the Journal for
lending to the University’s students for room use. Is the U.E. Law Library
liable for copyright infringement?
a. No. The reproduction is consistent with fair use.
b. Yes. Only the National Library is allowed to reproduce books and
other works.
c. No. The copy of the Journal is marked “For Room Use Only” and is
therefore not made available to the public outside of the Library.
d. Yes. The law only allows a library to photocopy a book if it is
fragile or rare.

30. It is the commission refereed in the Data Privacy Act.

a. National Data Privacy Council
b. National Information Privacy Commission
c. Department of Communication and Technology
d. National Privacy Commission

31. No. 1 – A bank may be may lend to a single borrower more than fifteen
(15%) of the bank’s unimpaired capital.
No. 2 – A deposit in a bank in foreign currency may be inquired into
provided the depositor gives his consent, orally or in writing.
a. Both are false.
b. Both are true.
c. No. 1 is true; no. 2 is false.
d. No. 1 is true; no. 2 is false.

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32. The Data Privacy Act applies to an act done or practice engaged in and
outside of the Philippines by an entity, if
a. The act, practice, or processing relates to personal information about
non-resident alien
b. A natural entity unincorporated in the Philippines but has central
management and control in the country
c. An alien in the Philippines
d. An entity that has a branch, agency, office, or subsidiary in the
Philippines and the parent or affiliate of the Philippine entity has
access to personal information

33. No. 1 - The Ombudsman may inquire into the bank deposit of a public
officer whose case is pending criminal investigation in the Ombudsman even
if there is no actual case filed in court.
No. 2 - A writ of garnishment directed to a bank deposit is prohibited
by law.
a. Both are false.
b. Both are true.
c. No. 1 is false; No. 2 is true.
d. No. 1 is true; No. 2 is false

34. Jose and his wife, Perla, opened and maintained the following accounts
with Allied Bank Recto. (a) Savings deposit – P300,000; (b) Demand deposit –
P400,000; (c) Time deposit - P350,000. They also have the same
deposits with the same amount in Allied Bank Makati. If Allied bank becomes
insolvent the Philippine Deposit Insurance Corporation will be bound to be
liable to the spouses for its insurance liability equivalent to
a. Two deposits.
b. One deposit.
c. Six deposits.
d. Three deposit

35. The National Privacy Commission shall ensure at all times the
confidentiality of any _______ information that comes to its knowledge and
possession.
a. Private and Public
b. International
c. All
d. Personal

36. The National Privacy Commission shall be attached to the:

a. Department of Communications
b. Department of Information and Communications Technology
c. Department of Information Systems
d. Department of Science and Information System

37. The National Privacy Commission is authorized to establish a

a. Secretariat
b. Board
c. Committee
d. Task Force

38. Who shall ensure the implementation of personal information processing

principles?
a. Private Information Officer
b. Data Privacy Officer
c. National Privacy Commissioner
d. Personal Information Controller

39. No. 1- The addressee is entitled to regard the electronic data message
or electronic document received as that which the originator intended to
send;

No. 2- If the transmission resulted in any error the addressee in not

entitled to regard the electronic data message or electronic document
received as that which the originator intended to send;

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a. Only the first statement is true.

b. Only the second statement is true.
c. Both statements are true
d. Both statements are false

40. Electronic Commerce Act of 2002 shall apply to all except:

a. Data message of commercial activities in domestic dealings;
b. Data message of non-commercial dealing in international dealings only;
c. Electronic document of commercial activities in domestic and
international dealings;
d. Electronic document of non- commercial activities in domestic and
international dealings;

41. Electronic contracts shall be valid except:

a. Complied with the essential elements of contract;
b. An acceptance of an offer is needed;
c. It is not in the form of electronic data message or electronic
document;
d. A definite offer was made

42. Processing of personal information shall be allowed, except:

a. Collected for personal use;
b. Processed fairly;
c. Processed lawfully;
d. Accurate

43. Refers to a person or organization who controls the collection,

holding, processing or use of personal information, including a person or
organization who instructs another person or organization to collect, hold,
process, use, transfer or disclose personal information on his or her
behalf.
a. Personal information
b. Personal information processor
c. Personal information controller
d. Sensitive personal information

44. Data privacy act of 2012 does not cover all, except:
a. Information relating to any discretionary benefit of a financial
nature such as the granting of a license or permit by the government
b. Personal information processed for journalistic, artistic, literary or
research purposes
c. Information necessary in order to carry out the functions of public
authority
d. Information about an individual who is or was performing service with
private persons

45. It is any distinctive mark, characteristic and or sound in electronic

form representing the identity of a person.
a. Electronic document
b. Electronic signature
c. Electronic data message
d. Electronic Key

46. Electronic transactions shall be deemed consummated by:

a. There was a definite offer;
b. There was acceptance of an offer
c. There was meeting of minds
d. There was actual dispensed of cash

47. The right to secrecy of bank deposits –

a. Being part of municipal law, does not apply to deposits in branches of
foreign banks in the Philippines.
b. Is a constitutional right which may, however, be regulated by statute.
c. Cannot be invoked in the absence of an express statutory provision.

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d. If violated will render the information obtained thereby inadmissible as

evidence in any proceeding against the depositor.

48. A public officer is charged with violation of the anti-graft and

corrupt practices act before the Office of the Ombudsman. The Ombudsman
requests a bank to disclose information regarding the accounts in the name
of the public officer’s immediate family. What principle or ground may the
bank invoke to resist such inquiry?
a. An inquiry into bank deposits cannot be had at the preliminary
investigation level.
b. No inquiry into bank deposits can be had in the absence of a court order.
c. No inquiry can be made except into bank accounts of the person charged.
d. The office of the Ombudsman has no power to inquire into bank deposits.

49. Are rebroadcasting and retransmission protected intellectual property

rights?

a. No. Since rebroadcasting and retransmission are forms of copyright

infringement
b. Yes. Since Rebroadcasting and retransmissions are allowed under the must-
carry rule.
c. Rebroadcasting is not a protected intellectual property right due to the
must-carry rule whereas retransmissions are protected copyrights.
d. Rebroadcasting is a protected intellectual property right whereas
retransmissions are not protected copyrights due to the must-carry rule.

50. XX applied for the issuance of a preliminary injunctive order on the ground
that she is entitled to the use of the trademark on product A and its
container based on her copyright and patent over the same. Can she do this?
a. Yes. These are registrable marks
b. No. These are not registrable marks
c. Yes, although its copyrightability and patentability should be registered
separately
d. No. These are rights which are not interchangeable. The granting of one
right will not necessarily apply to the other rights.

51. Which of the following are not included under technology transfer
arrangements under the IP code?
a. the licensing of a new management program in favor of a Philippine
company
b. the exact process of how to create a new and improved child-proof paint
c. the secret ingredient of the KFC original recipe chicken.
d. the use of Windows software in businesses.

52. Which of the following are patentable medicines?

a) the mere discovery of a new form or new property of a known substance
which does not result in the enhancement of the known efficacy of that
substance,
b) the mere discovery of any new property or new use for a known substance,
c) the mere use of a known process resulting in a new product that employs
at least one new reactant.
d) the mere use of a known process unless such known process results in a
new product

53. A files a patent application for product Z, a revolutionary computer

chip which is capable of outperforming current chips by as much as 10x. A is
employed by company B, a software company. A’s job is to develop software
programs for businesses. He developed this chip during office hours and days
where he was researching for software ideas which he would use for his job.
B filed its application over the same product at the day after A filed his
patent. Who owns the patent?

a. A since A filed his patent first.

b. B since A made his chip during office hours and days.
c. A since A made the chip not in the course of regular duties.

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d. B since A made the chip during office hours and utilized B’s resources.

54. A is a holder of patent X. B also holds a patent over X. A trial

ensued and B was declared the true owner of the patent. What are the
remedies for B?

a.Upon filing a motion in court, the court shall order for his substitution
as patentee
b.the court shall order for his substitution as patentee, or at the option of
the court, cancel the patent, and award actual and other damages in his
favor if warranted by the circumstances,
c.the court shall order for his substitution as patentee, or at the option of
the true inventor, cancel the patent, and award actual and other damages in
his favor if warranted by the circumstances
d.Upon a petition by the true inventor, cancel the patent, and award actual
and other damages in his favor if warranted by the circumstances.

55. Which of the following are rights conferred by a patent?

a. Where the subject matter of a patent is a product, to restrain, prohibit
and prevent any unauthorized person or entity from making, using, offering
for sale, selling or importing that product;
b. Where the subject matter of a patent is a process, to restrain, prevent or
prohibit any unauthorized person or entity from using the process, and from
manufacturing, dealing in, using, selling or offering for sale, or
importing any product obtained directly or indirectly from such process.
c. Patent owners shall have the right to assign, or transfer by succession
the patent, and to conclude licensing contracts for the same
d. All of the above

56. Which of the following requisites are not included for an invention to
be patentable?
a. It is New, it has an inventive step, and it does not form part of a prior
art
b. It is New, it has an inventive step, and it is industrially applicable
c. It is new, it does not form part of a prior art and it is registered
d. None of the above

57. A Scientist has managed to create a new breed of pigs by altering its
DNA of which such has never existed prior to such act by the scientist. Is
the pig breed patentable?
a. No. Since it is immoral
b. Yes. Since the pig was created purely by the hand of the scientist
c. No. Since animal breeds are not patentable
d. Yes. Although the animal breeds are not patentable, the essential micro-
biological process is patentable

58. Are Computer programs never patentable?

a. No. Computer programs are always patentable
b. Yes. Section 22 is explicit on this
c. No. Computer programs may be patentable provided it forms part of a
process
d. Yes. It contains non-patentable elements

59. A filed a patent in Malaysia over his invention on January 8, 2009. He

subsequently filed a patent in the Philippine IPO on March 30, 2009,
expressly claiming priority. Apparently, B has also filed a patent
pertaining to the same invention on February 18, 2009. Who has priority
right over the patent?
a. A since he filed his patent in Malaysia earlier and also he has
claimed priority expressly.
b. B since a patent application in a foreign country has no effect here
in the Philippines
c. A since he filed his patent in Malaysia earlier and also he has
claimed priority expressly, and it is within 12 months from the
initial registration in Malaysia.

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d. B since he was the first one to file his registration in the

Philippines

60. A was able to invent a new type of vehicle. However, B was able to
register the invention first although it was clearly A who was the true
inventor. What remedy may A avail of?
a. He will file a civil case of patent infringement
b. He can file for cancellation of patent plus damages
c. He can file for the substitution as the real patentee
d. Both A and C

61. A medicine already being distributed both in the U.S. and in the
Philippines by distributor VX authorized by the patent holder is now being
imported by A, a doctor who operates a small clinic and is using the drug
for the treatment of his patients. Is A liable for patent infringement?
a. Yes. A is liable since VX is the only authorized distributor of the
patented drug.
b. No. A is not liable since section 72 (1) allows such use of the
product.
c. Yes. A is liable since he is not an authorized distributor of the
product.
d. No. A is not liable since this is a case of fair use.

62. A has been importing patented medical drugs from Thailand. The patent
is owned by B. B has a local distribution unit in the Philippines. B wants
to file a case of patent infringement and importation of counterfeit drugs
against A. Will this prosper?
a. No. This is a case of fair use
b. Yes. A counterfeit drug is a form of infringement against the patent
of B.
c. No. An unregistered drug is not the same as a counterfeit drug and
also that section 72 (1) allows such importation by a 3rd party.
d. Yes. B has not authorized A to distribute the products.

63. When a device appropriates a prior invention by incorporating its

innovative concept and, although with some modification and change, performs
substantially the same function in substantially the same way to achieve
substantially the same result, what test should be applied?
a. Literal infringement test
b. Denicola test
c. Doctrine of Equivalents test
d. Fair Use test

64. B was selling a product of A who was the patent holder of B’s product.
Apparently, B has been passing A’s patent as his. A filed a criminal case of
infringement against B. will this prosper?
a. Yes. A is the rightful owner of the patent
b. No. B is exempted under the fair use doctrine
c. Yes. A never authorized B to sell such products as his.
d. No. B has yet to be found guilty of a previous infringement, hence A
has no cause of action.

65. A utility model lasts for:

a. 20years non-renewable
b. 5 years, renewable for another 2 consecutive terms.
c. 7 years, renewable for another 2 consecutive terms.
d. 7 years non-renewable

66. The provisions of compulsory licensing provides for instances where

the patent holder is required to grant a license to the government or to a
3rd party. Is this provision unfair for depriving the patent holder of his
right to his property?
a. No. This is a case of eminent domain.
b. Yes. This is a case of depriving the patent holder of his property
without due process of law

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c. No. The patent holder is not deprived of his rights to the patent
since he will still receive royalties for his patents.
d. Yes. The patent holder has exclusive rights over his patents and such
exclusivity is rendered inutile by the provision.

67. Q: Which of the following types of names confer the greatest chance of
being a valid trademark?
a. Generic
b. Descriptive
c. Suggestive
d. Arbitrary/Fanciful

68. Businessman A puts up a sari-sari store named “Andongs”. B also puts

up a sari-sari store named “Andongs” a month later. Can A filed against B an
infringement case?
a. Yes. A can file an infringement case against B for unlawfully using
his tradename.
b. No. He has not registered his tradename.
c. Yes. This is a case of unfair competition.
d. No. He has not registered his trademark.
69. When testing whether the likelihood of deception has occurred, at what
point of a transaction do we consider such likelihood?
a. After the sale of the item bearing the mark.
b. Prior to the sale of the item bearing the mark.
c. At the point of the sale of the item bearing the mark.
d. None of the above.

70. When is non-use of a mark excusable?

a. It must always be used, failure to use it for any reason will forfeit
the use of such mark.
b. When the trademark owner is lacking in funds due to slow sales.
c. When the trademark owner has already registered his mark with the IPO
d. When the cause of such non-use is due to reasons independent of the
will of the trademark owner.

71. . Which among the following statements is false?

a. Infringement of trademark is the unauthorized use of a trademark,
whereas unfair competition is the passing off of one’s goods as those
of another.
b. In infringement of trademark, fraudulent intent is unnecessary,
whereas in unfair competition, fraudulent intent is essential.
c. In infringement of trademark and in unfair competition, prior
registration are both necessary.
d. In infringement of trademark and in unfair competition, prior
registration to both are not necessary

72. Suppose an author published a book describing a new method of book-

keeping, which of the following statements is true?
a. The author has a copyright over the book as well as the method
described in his book; thus, he is able to preclude others from only
copying the book as well as preclude others from employing the method
as described in the book without his permission.
b. The author has an exclusive right to the method described in the book.
c. The extent of the author’s copyright is limited to him being able to
prevent third persons from copying portions of his work; he is unable
to prevent third persons from employing or describing the method
discussed in such book.
d. The extent of the copyright extends to the idea itself, not merely the
expression

73. A reporter wants to write a true-to-life story about a person who was
kidnapped and buried alive for 83 hours. The reporter then extensively
interviewed the survivor and spent several months coming up with a book
documenting the plight of the survivor. A Hollywood studio company then
made a movie out of the ordeal of the survivor. The reporter is saying that
even though the movie was not based on the book, the research he has spent

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documenting the event was copyrightable. Is the contention of the reporter

correct?
A. Yes, considering that the research material used served as the foundation
for the subsequent book of the reporter about the survivor.
B. Yes, considering that the reporter has exerted substantial time and
effort in his research, it is copyrightable.
C. No, facts and research involved in obtaining facts should not be
distinguished, and are not copyrightable.
D. No. the subject matter is not copyrightable.

74. Is a work with a merger of aesthetic and functional features

copyrightable?
A. No, copyright law contemplates only original intellectual creations in
the literary and artistic domain and is the proper subject of a patent.
B. Yes, on all cases.
C. It depends, if the design elements reflect a merger of aesthetic and
functional consideration cannot be separated from utilitarian features,
it is not copyrightable.
D. No, on all cases.

75. When is the time of dispatch of electronic data message or electronic

document?
a. Upon agreement of parties;
b. When the law so provides;
c. When it enters an information system outside the control of the
originator;
d. All of the above

76. Refers to any information whether recorded in a material form or not,

from which the identity of an individual is apparent or can be reasonably
and directly and certainly identify an individual.
a. Personal information processor
b. Personal information
c. Personal information controller
d. Sensitive personal information

77. No. 1- Processing of sensitive personal information and privileged

information are prohibited.
No. 2- Processing of sensitive personal information and privileged
information are allowed.
a. Only the first statement is true.
b. Only the second statement is true.
c. Both statements are true
d. Both statements are false

78. Refers to a person by whom, or on whose behalf, the electronic

document purports to have been created, generated and or sent.
a. Service provider
b. Intermediary
c. Originator
d. Addressee

79. When may the Anti- Money Laundering Council (AMLC) perform an inquiry
into deposits of a person?
a. For purposes of determining his liabilities.
b. To determine his assets with proper court order.
c. Upon order of the court when there is probable cause that the deposits
are related to crime of unlawful activities defined in R.A. 9194
d. When there is written consent of the depositor.

80. Refers to information or the representation of information, data,

figures, symbols or other modes of written expression, described or however
represented, by which a right is established or an obligation extinguished;

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a. Electronic data message

b. Electronic signature
c. Electronic document
d. Electronic Key

81. Data privacy act of 2012 penalizes the following except:

a. Accessing personal information and sensitive personal information due
to negligence
b. Authorized processing of personal information and sensitive personal
information

c. Improper disposal of personal information and sensitive personal

information
d. Malicious disclosures

82. Rights of the data subject are, except:

a. Be informed
b. Be furnished of information
c. Reasonable access of personal information
d. Indemnified for any damages sustained due to accurate, complete use of
personal information

83. No.1 – Electronic data message or electronic document is not

admissible as evidence in court proceedings.
No. 2 – Electronic data message or electronic document is not
admissible on the sole ground that it is electronic form.
a. Only the first statement is true.
b. Both statements are false
c. Both statements are true
d. Only the second statement is true.

84. Electronic Commerce Act of 2002 penalizes the following acts except:
a. Hacking
b. Violation of R.A. 7494 covered by or using electronic data messages
c. Piracy
d. Other Violations of the provisions of R.A. 8792

85. Data Privacy Act of 2012 covers all except:

a. Processing all types of personal information
b. Information about any individual who is or was an officer of the
government institution that relates to the position or function of the
individual
c. Personal Information controllers and processors
d. To any natural and juridical person information processing

86. No.1- Data privacy act of 2012 requires the publishers, editors or
duly accredited reporters of any newspaper to reveal the source of any news
report or information.
No. 2- Data Privacy act of 2012 applies to an act done or practiced
engaged in the Philippines only;
a. Only the first statement is true.
b. Only the second statement is true.
c. Both statements are true
d. No answer
e. Both statements are false

87. Criteria for lawful processing of personal information, except:

a. Data subject has given his or her consent
b. It is necessary and related to the fulfillment of a contract with the
data subject
c. Necessary for compliance with a legal obligation to which the personal
information controller is subject
d. Processing is necessary for the political emergency

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88. It shall promulgate rules and regulations to effectively implement the

provisions of Data Privacy Act
a. National Privacy Council
b. DICT
c. National Privacy Commission
d. National Privacy Controller

89. The National Privacy Commission shall annually report to the

a. Judiciary
b. People
c. President
d. President and Congress
90. The Commission shall be provided with an initial appropriation of
Twenty Million pesos to be drawn from
a. National Budget
b. National Finance Department
c. The National Bank
d. The National Government

91. Which act is amended in RA 10173?

a. Data Security Act of 2017
b. Data Security Act of 2007
c. Human Security Act of 2007
d. Human Privacy Act of 1997

92. Under RA 10173, if the offender is a corporation, partnership, or any

juridical person, the penalty shall be imposed upon:
a. CEO
b. Board of trustees
c. Board of Directors
d. Responsible Officers

93. Who shall invoke the rights of the data subject?

a. Lawful heirs and assigns
b. Lawful heirs
c. Lawful assigns
d. Compulsory heirs

94. Mr. Dela Cruz, a second year accountancy student of a University in

Manila, photocopied some pages of the Financial Accounting book authored by
C. Valix, CPA. Mr. Ferrer, his professor in Financial Accounting, saw the
photocopies during one of their classes. He scolded Mr. Dela Cruz for not
buying the original book and told him that he violated the copyright law and
maybe penalized. Is Mr. Ferrer correct?

a. Yes, because the book was photocopied without the consent of the author and
used publicly in a classroom.
b. No, because the private reproduction of a published work in a single copy,
where the reproduction is made by a natural person exclusively for research
and private study, shall be permitted, without the authorization of the
owner of copyright in the work.
c. No, because Mr. Dela Cruz reproduced a single copy only, exclusively for
his private study and he did not gain any profit for photocopying some of
the pages of the book.
d. No, because he did not reproduced the whole book but only some of its
pages, it can be permitted even without the consent of the owner of the
copyright.

95. Kris Aquino commissioned Mr. Magaling to write a biography of her late
father, Ninoy Aquino, for a fee. Upon completion of the work, Kris paid Mr.
Magaling the agreed price. The biography was copyrighted. Kris, however,
changed her mind again upon reading the book and decided not to have it
published. Can Kris Aquino sell the property without the consent of Mr.
Magaling?

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a. Yes, Kris Aquino can sell the copyrighted biography of her father without
need of securing the consent of Mr. Magaling, the writer of said biography.
b. Mr. Magaling entered into a contract with Kris Aquino and having
compensated, he had parted with all his rights to the said book, in effect
making Kris his assignee.
c. The assignee’s rights include the right to sell the work without the
consent of the writer, Mr. Magaling.
d. All of the above

96. Atty. Ana Maganda wrote a legal opinion for a client on the
differences of a probationary, regular, casual and seasonal employee. She
quoted without permission Atty. Aliling’s comment appearing in his book
“Annotations on the Labor Code”, but she indicated the source of the
quotation, the book and the author’s name. Atty Aliling is a labor law
expert. Can Atty. Aliling hold Atty. Ana Maganda liable for infringement of
copyright for quoting a portion of his book without his permission?

a. Yes, because Atty. Ana Maganda copied somebody else’s work without the
original author’s consent.
b. No, because the Intellectual Property Code provides that a quotation from a
copyrighted work can be used for judicial proceedings or for giving
professorial advice by legal practitioner, provided the source are
identified.
c. Yes, because Atty. Ana Maganda used the work of another for her own gain.
d. No, because everybody can quote somebody as long as the source and the name
of the author of the quotation are identified.

97. Read the following statements and determine which of the choices are
correct:

Statement 1: Infringement is the use by others without the registrant’s

consent of a reproduction or colorable imitation of his trademark,
tradename or service mark with the purpose of causing to mislead or
misleading the public that those goods or services are those of the
registrant.

Statement 2: The definition of infringement implies that only registered

trademarks, trade names and service marks are protected against
infringement or unauthorized use by another or others

a. Both statements are true

b. Statement 1 is true while Statement 2 is false
c. Only Statement 1 is true
d. Only Statement 2 is true

98. To establish trademark infringement, the following elements must be

shown: (1) the validity of the plaintiff’s mark; (2) the plaintiff’s
ownership of the mark; and (3) the use of the mark or its colorable
imitation by the alleged infringer results in “likelihood of confusion” Of
these, the element of ______________ is the gravamen of trademark
infringement.

a. Element no. 1
b. Element No. 2
c. Element No. 3
d. All of the above

99. Unilevel Corporation asked your legal advice regarding their plan to
use a trademark with the words “SWEET CANDY” However, there is an existing
and registered trademark using the words “TWEET CANDY” Which of the
following advices are correct.

a. The firm must abandon the plan because another company uses the trademark
Tweet Candy and there is a danger of a suit for infringement. The words

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Sweet and Tweet is almost similar in sound and they can confuse or mislead
the public.
b. They can use the SWEET CANDY as long as there will be a very different
packaging and flavors so as not to mislead the public.
c. Unilevel is a well-known company and their products are patronized country-
wide, they can use the trademark SWEET CANDY because TWEET CANDY is owned
by a small-time company whose market is within Luzon only.
d. None of the above

100. Which of the following works are protected and can be copyrighted?
a. A biography containing your life, love and success.
b. Your musical compositions with or without words.
c. News of the day and other facts having the character of mere press
information.
d. A and B only

**Good Luck & God Bless!!!**

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