Republic of the Philippines

SAN MATEO MUNICIPAL COLLEGE

San Mateo, Rizal
Atty. Kheerleejohn A. Estabillo
Contact No. 09669776639
Email address: kjaestabillo@gmail.com

Question No. 1:
Differentiate trademark, copyright, and patent from each other.
a. As to definition:
b. As to object:
c. As to term:
d. As to how acquired:

Question No. 2:
What are the three (3) requisites of patentability under the Intellectual Property Code?

Question No. 3:
X invented a method of improving the tenderness of meat by injecting an enzyme solution
into the live animal shortly before a slaughter. Is the invention patentable?

Question No. 4:
Jinggy went to Kluwer University (KU) in Germany for his doctorate degree (Ph.D.). He
completed his degree with the highest honors in the shortest time. When he came back, he decided
to set-up his own graduate school in his hometown in Zamboanga. After seeking free legal advice
from his high-flying lawyer-friends, he learned that the Philippines follows the territoriality
principle in trademark law, i.e., trademark rights are acquired through valid registration in
accordance with the law. Forthwith, Jinggy named his school the Kluwer Graduate School of
Business of Mindanao and immediately secured registration with the Bureau of Trademarks. KU
did not like the unauthorized use of its name by its top alumnus no less. KU sought your help.
What advice can you give KU?

Question No. 5:
What is the “test of dominancy”?

Question No. 6:
What intellectual property rights are protected by the copyright?
Question No. 7:
KLM Printers, Inc. operated a small outlet located at the ground floor of a university
building in Quezon City. It possessed soft copies of certain textbooks on file and would print
"book-alikes" of these textbooks (or in other words, reproduced the entire textbooks) upon order
and for a fee. It would even display samples of such "book-alikes" in its stall for sale to the public.
Upon learning of KLM Printers, Inc. 's activities, the authors of the textbooks filed a suit
against it for copyright infringement. In its defense, KLM Printers, Inc. invoked the doctrine of
fair use, contending that the "book alikes" are being used for educational purposes by those who
avail of them.
Is KLM Printers, Inc.'s invocation of the doctrine of fair use proper in this case? Explain

Question No. 8:
Define Unfair Competition.

Question No. 9:
What is the distinction between trademark infringement and unfair competition?

Question No. 10:

Enumerate the rights of a data subject under the Data Privacy Act.

“Be grateful for what you already have while you pursue your goals. If you aren’t grateful for
what you already have, what makes you think you would be happy with more.”
-Roy T. Bennett