INSTRUCTIONS.

USE A YELLOW PAPER AND WRITE THE ANSWERS TO THE QUESTIONS BELOW. IF
DONE, SCAN YOUR PAPER USING AN APP (CAMSCANNER) IN YOUR PHONE TO
CONVERT IT INTO PDF. FILE NAME IS: SURNAME-FIRST NAME. THEN SEND IT TO
NICA. CUT OFF TIME IS 6PM.

PART 1: LAW ON BAILMENT

1. Is it possible for someone who is not a party to the principal obligation to use their
property to secure that obligation through pledge or mortgage? What are the
necessary conditions for this arrangement to be legally valid?

2. What does the indivisibility of a pledge or mortgage mean in legal terms? How does
this principle affect a debtor's heir who has partially paid off the debt? Are there any
exceptions to this rule regarding multiple items in a mortgage or pledge?

3. What types of incorporeal rights can be pledged according to the law? What are the
specific requirements that need to be fulfilled for the valid pledging of these rights?

4. What are the responsibilities and restrictions placed on a pledgee regarding the
care and use of the pledged property? What actions are they prohibited from taking,
and what are the implications of misusing the pledged property?

5. How does the law differentiate between a chattel mortgage and a pledge when it
comes to contracts involving personal property? What is the determining factor that
classifies a contract as either a chattel mortgage or a pledge?

PART 2: Base on RA 8293: Trademarks

1. Under Section 123.1, a mark cannot be registered if it is deemed immoral,

deceptive, or scandalous. Can you provide a hypothetical example of a mark that
would be rejected under this clause, explaining why it would be considered immoral,
deceptive, or scandalous?

2. Section 123.2 allows for the registration of signs or devices that have become
distinctive through use. How would an applicant demonstrate that a sign or device has
become distinctive in the marketplace, as per the requirements of this section?

3. The law requires (Section 124.1) that an application for trademark registration must
contain specific information. Among these requirements is the appointment of an
agent or representative if the applicant is not domiciled in the Philippines. What are
the implications of this requirement for foreign entities seeking trademark registration
in the Philippines?

4. Section 147.1 grants the owner of a registered mark exclusive rights against third-
party use in certain circumstances. Describe a scenario where the use of a similar
mark by a third party would not infringe upon the exclusive rights of the registered
mark's owner, according to the stipulations of this section.
5. According to Section 168, a person with established goodwill in the goods,
business, or services they provide is protected against unfair competition. What
constitutes 'unfair competition' in this context, and what remedies are available to a
person whose rights have been infringed upon under this section?

PART 3: Base on RA 8293: Copyright

1. In the context of copyright law, which of the following is least likely to be
considered a protected work: a novel, a blueprint for a new machine, a daily news
broadcast, or a computer program?

2. If an artist creates a new artwork that is a modified version of a painting in the

public domain, does the new artwork qualify for copyright protection?

3. Is it permissible under copyright law for a teacher to use a copyrighted poem in its
entirety during a classroom discussion on poetry without infringing the copyright?

4. Can a government agency in the Philippines commercialize a software program

developed by its employees without obtaining permission from the individual authors,
assuming the software was created as part of their official duties?

5. What rights are granted to performers regarding the use of their performances
under copyright law, and how are "performers" defined in this context?