Test I.

30 points (Patents)
1. "F", a Filipino physician and microbiologist as of May 3, 2020 invented a new medicine to
cure COVID-19 patients. The drug's potency was already clinically tested by the
inventor's friends in Singapore leaving no doubt as to its potency. The main raw material
of the medicine is the Philippines virgin coconut oil. As the lawyer of "F", give the details
of how you would obtain the patent for the medicine, specifying the satisfaction of all the
legal requirements. (Note: do not go beyond the approval of the patent by the Bureau of
Patents). Support your answer with decided cases.

As the lawyer of “F”, the first step that I would do to obtain the patent would be to file a
patent application with the Intellectual Property office and pay the required fees with the
intellectual property office cashier.

The patent application shall identify F as the inventor and it shall be in English, specially that
the invention shall be useful not only here in the Philippines but also abroad. Such application shall
contain the following:

a. A request for the grant of a patent

b. A brief statement about the medicine of “F” and its purpose.
c. A description of the invention of “F”, giving details about the medicine and how to make the
medicine, specifically stating the main raw material to be used, which is the Philippine’s
virgin coconut oil, so that in this way, the invention may be carried out by a person skilled in
the art.
d. A detailed drawing and a brief explanation of the medicine necessary for the understanding
of the invention
e. Distinct and explicit claim or claims which F would seek to protect
f. Abstract of the invention of F, that consists of concise a summary of the medicine as
contained in the description. It shall be drafted in a way which allows the clear
understanding of the current problem or the COVID-19 virus which humanity is now facing
and the solution to such problem through the medicine F invented.

After my client has been accorded a filing for completing those requi

2. Intensive Care Unit (ICU) doctors and nurses complain the heaviness and discomfort to
use the present Personal Protective Equipment (PPE) consisting of face mask, face
shield, shoe cover and gown. Your other client "X", also a microbiologist invented a
lightweight, more comfortable and easy-to-wear PPE which can ward-off all kinds of
virus. "X" wants an exclusive intellectual property of the invention. Which of the following
would you recommend: patent? utility model? or industrial design? Decide.

I would recommend to X to obtain a patent for his invention and not a utility model nor an
industrial design for the following reasons:

1. With respect to duration of protection

A patent has a term of twenty(20) years from the filing date of the application, providing X
with longer years of exclusive rights to his invention. For utility models, it has a term of seven years
from the date of the filing of the application, while an industrial design has 5 years.
 2. With respect to applicability to invention of X

A patent, unlike a utility model or industrial design, may be applied for by any inventor
whose invention is new, involves an inventive step, it is industrially applicable and serves as a
technical solution to a problem in any field of human activity.

While a utility model is a “petty” patent for new and industrially applicable technical solution
of a problem. It usually pertains to new and useful but obvious improvements. Also, in one Supreme
Court decision, a utility model refers to an invention in the mechanical field, which is why its object is
sometimes described as a device or useful object.

Utility model is not the protection for the invention of X because his PPE invention is not merely
useful, “petty” or an obvious improvement of an original product but it involves an inventive step. It
was not obvious to persons skilled in the prior art, which is why there are different types of face
masks for different types of viruses. With the invention of X, you only need one PPE for all kinds of
viruses. A

For industrial design, it is any composition of lines or colors or any three-dimensional form,
whether or not associated with lines or colors provided that such composition or form gives a special
appearance to and can serve as pattern for an industrial product or handicraft. Generally, industrial
designs are important for handicrafts, jewelry, mobile phones, packaging materials, furniture,
electrical appliances, accessories, boxes, architectural structures and other products.

It is a protection intended for the design and not for the manifestation of such design. What X wants
is an exclusive intellectual property for his invention, which is the PPE that can protect its user
against all virus, and not its design.

Test II. 30 points (Trademarks)

Based on the foregoing, "X", you were able to obtain the appropriate registration for his PPE. "X"
is now ready to mass-produce the equipment for its market here and abroad. "X" wants that
potential buyers and users to easily recognize and develop goodwill for his PPE by a 2/2 inches
print of a pink butterfly, the wings of which bear the inventor's initials. Give the details of how you
obtain such exclusivity, and how you would prevent any action of possible opposition to its use.
Cite decided cases.

1. The first thing that I would do as an initial step towards registration is to have “X” actually
use the mark on his PPE invention here in the Philippines for a period of at least two months in order
for him to acquire ownership thereof.

The Supreme Court has decided in the case of Ecole De Cuisine Manille vs Renaud Cointreau
that in order to register a trademark, one must be the owner thereof and must have actually used
the mark in commerce in the Philippines for two (2) months prior to the application for registration.
Under the same case, it ruled that the means to acquire ownership over a trademark is its actual use
in commerce.
 Therefore, having X use his mark over his PPE invention here in the Philippines for a period
of at least 2 months would ensure his ownership over such mark.

2. Next step would be is to have the mark registered.

It is provided by law that mark shall be acquired through registration made validly in
accordance with law.

Therefore, as the lawyer of “X” in order for buyers to easily recognize and develop goodwill
for his PPE is to file an application for trademark with the International Property Office of the
Philippines. To be attached to the application form shall be a drawing of the mark of “X”, consisting
of a 2/2 inches print of a pink butterfly, the wings of which bearing X’s initials.

The application shall be in English because X’s invention shall be used not only here in the
Philippines but also abroad. Such application shall contain the following:

a. X’s full name, his address, Philippines as the State of which he is a national;

b. a statement that color pink shall be a distinctive feature, which shall be the color of the
butterfly wings;

c. the PPE invention of “X” for which the registration of the mark is sought which belongs in
group number 5 in the title class of the NICE classification; and

d. X’s signature.

3. After registration, I will have X file a declaration of actual use of the mark with evidence to
such use within three years from the filing of the application in order that the mark won’t be
refused by the Director.

4. Once a certificate of registration over the mark has been issued by the Intellectual property
office, X shall now have exclusive use over the same. I shall then have X prevent any person
from using the same mark without his consent or from registering the same by filing a
verified opposition thereto.

As was decided by the Supreme Court in the case of Dermalin vs Myra Pharmaceuticals, a
registered trademark owner may prevent third parties from using the mark, or similar signs
or containers for goods or services, without its consent, identical or similar to its registered
trademark, where such use would result in a likelihood of confusion.

In order to prevent cancellation or removal of the mark’s registration, I will inform X to make
sure to use his mark in connection only with the goods belonging to the class in respect of which the
mark is registered, specifically, to only use the butterfly mark with his PPE inventions.
 Test III. 30 points (Copyright)

"One Billion and More", a 2003 futuristic novel in manuscript of "A", a Filipino fiction writer,
clearly depicts the COVID-19 global pandemic. The horrors and grim specter of the new disease were
however lightened by a soulful love story between an intelligent and young Filipino microbiologist
and his Italian girlfriend of awesome beauty and inner strength. The girl fell ill due to the novel virus
that the Filipino race against time to perfect a medicine to save his loved one. Both survived and in
the new normal world, they lived happily ever after.

1. "A" sold his copyright and turned over the manuscript to "XXX", a giant media
company. The latter printed the novel in hundreds of books as publisher. Which are considered as
original----the manuscript or the books? Explain completely the rights of the parties as bases of your
answer. You can cite decided cases.

1. Both the manuscript and the books are considered as original

The law provides that literary and artistic works are original intellectual creations in
the literary and artistic domain protected from the moment of their creation and shall
include in particular books, pamphlets, articles and other writings.

The manuscript is considered as a literary and artistic work under the law, being an
original writing of A, therefore making it an original intellectual creation. The books
published is also to be regarded as an original as provided for by law.

Since the manuscript is considered original, the owner thereof shall be granted both
economic and moral rights. However, since A sold his copyright to XXX company, his
economic right with respect to the manuscript has also been transferred. Only the moral
rights shall remain with A, and these are:

a. the right to be attributed or credited whenever his work will be used by another
b. the right to make alteration of his work
c. the right of integrity against derogatory treatment; and
d. the right against false attribution.

Another right of A as author of the manuscript, including his heirs is the inalienable right to
proceeds in subsequent transfers of copyright equivalent to 5% of the gross sale of the
published books.

For the published books, since it is considered as original and is therefore

In addition to the right to publish granted by the author, his heirs, or assigns, the publisher shall have
a copyright consisting merely of the right of reproduction of the typographical arrangement of the
published edition of the work

2. Would it be correct for "A" to expect that his name as the writer of the manuscript of the
novel appear in every book printed? Decide. Give in full the basis of your answer.

Yes, it is correct for “A” to expect that his name as the writer shall appear in every book
printed.
 The law provides that the author of the work shall, independently of the economic
rights or the grant of an assignment or license with respect to such right, have the creator’s
right to be attributed or credited whenever his work will be used by another. In particular,
the right that his name, as far as practicable, be indicated in a prominent way on the copies,
and in connection with the public use of his work.

In the present case, although A sold his copyright to XXX company, his moral rights,
which are rights independent to his economic rights, shall remain with him. One of these
moral right is the creator’s right to be attributed or credited whenever his work will be used
by another.

Therefore, A is correct in expecting that his name will appear as it is his right
provided for by law.

3. "XXX" after the book became one of the bestsellers in the world adapted the novel
into a cinematographic material or movie. The movie bore the title: "LOCKDOWN". Would "A" be a
copyright owner of "LOCKDOWN"? Explain.

No, A would not be a copyright owner of “LOCKDOWN”

The law provides that In the case of audiovisual work, the copyright shall belong to
the producer, the author of the scenario, the composer of the music, the film director, and
the author of the work so adapted.

The movie “LOCKDOWN” in the case is an audiovisual work where the copyright for
which belongs to the producer. The manuscript of “A” which is an original literary work was
already sold to XXX company, thereby losing any copyright which he may have over it.