QUIZ 9_Intellectual Property Law

Copyright
Points:
38/50
Incorrect
4/5 Points
1.When is copyright infringement committed? What are the elements of copyright infringement?
A person infringes a right protected under RA 10372 when one: (a) Directly commits an
infringement (b) Benefits of the infringing activity of another person who commits an
infringement if the person benefiting has been giving notice of the infringing activity and has the
right and ability to control the activities of the other person (c) With knowledge of infringing
activity induces, cause or materially contributes to the infringing conduct of another
Incorrect
3/5 Points
2.What is the test of substantiality?
Substantiality test means assessing the real worth or importance of considerable value related to
a matter of substance as distinguished from a matter of form.
Incorrect
3/5 Points
3.When is the starting point of a Copyright?
The starting point of a copyright is upon the creation of work by the author irrespectively of their
mod of expression, as well as of their content, quality and purpose.
Incorrect
4/5 Points
4.What are the classifications of protected works? Distinguish one from the other and give
examples.
Literary and artistic works referred to as “works”, are original intellectual creations in the literary
and artistic domain protected from the moment of their creation, for example books, pictorial
illustrations, lectures. While the Derivative works are dramatizations, translations, adaptations,
abridgments, arrangements, and other materials which are original by reason of the selection or
coordination or arrangement of their contents.
Correct
5/5 Points
5.What is a copyright? What are the characteristics of a copyright?
Copyright is the right granted by statute to the author or originator of literary, scholarly,
scientific, or artistic productions including computer programs. A copyright gives him the legal
right to determine how the work is used and to obtain economic benefits from the work. It is
confined to literary and artistic works which are original intellectual creations in the literary and
artistic domain protected from the moment of their creation. Characteristics of a copyright
includes: 1. Originality – Does not mean novelty. It simply means that the work owes its origin
existence to the author 2. Expression – A work must be embodied in a medium sufficiently
permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a
period of more than transitory duration
Incorrect
3/5 Points
6.What is the must-carry rule?
“Must-Carry Rule.” The rule mandates the compulsory carriage by cable service providers of
television signals being broadcast within a cable company’s area of coverage.
Incorrect
4/5 Points
7.What is the doctrine of fair use? What are the factors to be considered in determining fair use?
The fair use of a copyrighted work for criticism, comment, news reporting, teaching including
multiple copies for classroom use, scholarship, research, and similar purposes is not an
infringement of copyright. Fair use is defined as the privilege to use the copyrighted material in a
reasonable manner without the consent of the copyright owner or as copying theme or ideas
rather than their expression. In determining whether the use made of a work in any particular
case is fair use, the factors to be considered shall include: (a) The purpose and character of the
use, including whether such use is of a commercial nature or is for non-profit educational
purposes (b) The nature of the copyrighted work (c) The amount and substantiality of the portion
used in relation to the copyrighted work as a whole (d) The effect of the use upon the potential
market for or value of the copyrighted work
Correct
5/5 Points
8.What are the remedies of the copyright owner against an infringer?
1. Injunction. The court may order the defendant to desist from an infringement, among others, to
prevent the entry into the channels of commerce of imported goods that involve an infringement,
immediately after customs clearance of such goods 2. Damages. Pay to the copyright proprietor
or his assigns or heirs such actual damages, including legal costs and other expenses, as he may
have incurred due to the infringement as well as the profits the infringer may have made due to
such infringement, and in proving profits the plaintiff shall be required to prove sales only and
the defendant shall be required to prove every element of cost which he claims, or, in lieu of
actual damages and profits, such damages which to the court shall appear to be just and shall not
be regarded as penalty. Such other terms and conditions, including the payment of moral and
exemplary damages, which the court may deem proper, wise and equitable and the destruction of
infringing copies of the work even in the event of acquittal in a criminal case. 3. Criminal
Penalties Any person infringing any right secured by provisions of Part IV of this Act or aiding
or abetting such infringement shall be guilty of a crime punishable by: 1st offense 1 – 3 years
P50,000 to P150,000 2nd offense 3 years and 1 day – 6 years P150,000 to P500,000 3rd offenses 6
years and 1 day – 9 years P500,000 to P1,500,000 In all cases, subsidiary imprisonment in cases
of insolvency. In determining the number of years of imprisonment and the amount of fine, the
court shall consider the value of the infringing materials that the defendant has produced or
manufactured and the damage that the copyright owner has suffered by reason of the
infringement.
Incorrect
3/5 Points
9.What are the defenses available against an action for copyright infringement?
Defenses available against an action or charge for copyright infringement includes: 1. Fair
dealing or fair use 2. Consent or permission of copyright holder 3. Common source
Incorrect
4/5 Points
10.What is the right of Droite de Suite?
Also called the “Rights to Proceeds on Subsequent Transfers” meaning in every sale or lease of
an original work of painting or sculpture or of the original manuscript of a writer or composer,
subsequent to the first disposition thereof by the author, the author or his heirs shall have an
inalienable right to participate in the gross proceeds of the sale or lease to the extent of five
percent (5%).
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QUIZ 8_Intellectual Property Law

PATENT
Points:
85/100
Incorrect
4/5 Points
1.What are the remedies of the true and actual inventor deprived of the patent?
According to Section 68 If a person, who was deprived of the patent without his consent or
through fraud is declared by final court order or decision to be the true and actual inventor, 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
Incorrect
4/5 Points
2.Who has a right to a patent?
Section 28 provides that the right to a patent belongs to the inventor, his heirs, or assigns. When
2 or more persons have jointly made an invention, the right to a patent shall belong to them
jointly.
Incorrect
3/5 Points
3.What is the purpose of the patent law?
Safeguards inventions and processes from other parties copying, making, using, or selling the
invention without the inventor’s consent.
Correct
5/5 Points
4.What are the rights conferred by a patent?
Except in cases of importation of drugs and medicines allowed and of off-patent drugs and
medicines, the owner of a registered mark shall have the exclusive right to prevent all third
parties not having the owner’s consent from using in the course of trade identical or similar signs
or containers for goods or services which are identical or similar to those in respect of which the
trademark is registered where such use would result in a likelihood of confusion. In case of the
use of an identical sign for identical goods or services, a likelihood of confusion shall be
presumed. There shall be no infringement of trademarks or tradenames of imported or sold
patented drugs and medicines allowed, as well as imported or sold off-patent drugs and
medicines: Provided, That, said drugs and medicines bear the registered marks that have not been
tampered, unlawfully modified, or infringed upon The exclusive right of the owner of a well-
known mark which is registered in the Philippines, shall extend to goods and services which are
not similar to those in respect of which the mark is registered: Provided, That use of that mark in
relation to those goods or services would indicate a connection between those goods or services
and the owner of the registered mark: Provided, further, That the interests of the owner of the
registered mark are likely to be damaged by such use.
Correct
5/5 Points
5.What is the doctrine of equivalents? What is the rationale of this doctrine?
Patent infringement is ordinarily understood to mean as the unauthorized replication or use of a
patented invention or process. Technically, however, patent infringement is committed either
literally or by equivalents. Literal infringement exists when every limitation recited in a patent
claim is found in the infringing device (or process). Infringement by equivalents, on the other
hand, happens when a device (or process) 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. This
“function-way-result” equation lies at the heart of the doctrine of equivalents. The doctrine of
equivalents is a common law concept borne out of American jurisprudence. It is an equitable
measure to protect patentees against deliberate efforts of infringers to evade liability for
infringement by making only insubstantial changes to a patented invention. In other words, it
extends protection beyond the specific and literal claims of patents. In one of its recent decisions,
the U.S Supreme Court restated the time-honored rationale behind the application of the doctrine
of equivalents: The language in the patent claims may not capture every nuance of the invention
or describe with complete precision the range of its novelty. If patents were always interpreted by
their literal terms, their value would be greatly diminished. Unimportant and insubstantial
substitutes for certain elements could defeat the patent, and its value to inventors could be
destroyed by simple acts of copying. For this reason, the clearest rule of patent interpretation,
literalism, may conserve judicial resources but is not necessarily the most efficient rule. The
scope of a patent is not limited to its literal terms but instead embraces all equivalents to the
claims described.
Incorrect
4/5 Points
6.What are the grounds for cancellation of patents?
Any interested person may, upon payment of the required fee, petition to cancel the patent or any
claim thereof on any of the following grounds: That what is claimed as the invention is not new
or patentable; That the patent does not disclose the invention in a manner sufficiently clear and
complete for it to be carried out by any person skilled in the art; That the patent is contrary to
public order or morality Where the grounds for cancellation relate to some of the claims or parts
of the claim, cancellation may be effected to such extent only.
Correct
5/5 Points
7.What are non-patentable inventions?
a) Discoveries, scientific theories and mathematical methods; b) Schemes, rules and methods of
performing mental acts, playing games or doing business, and programs for computers; c)
Methods for treatment of the human or animal body by surgery or therapy and diagnostic
methods practiced on the human or animal body. This provision shall not apply to products and
composition for use in any of these methods; d) Plant varieties or animal breeds or essentially
biological process for the production of plants or animals. This provision shall not apply to
microorganisms and non-biological and microbiological processes. E) Aesthetic creations; and f)
Anything which is contrary to public order or morality. G) Aesthetic creations h) Program for
computers i) Plant varieties or animal breeds or essentially biological process for the production
of plants and animals In the case of drugs and medicines, there is no patentable invention in the
following instances: a) The mere discovery of a new form or new property of a known substance
which oes not result in the enhancement of a known efficacy of that substance b) The mere
discovery of a new property of new use for known substance c) The mere use of a known process
unless such known process results in a new product that employs at least one new reactant
Incorrect
4/5 Points
8.What is the “First to File Rule” under the law on patent?
If 2 or more persons have made the invention separately and independently of each other, the
right to the patent shall belong to the person who filed an application for such invention, or
where two or more applications are filed for the same invention, to the applicant who has the
earliest filing date or, the earliest priority date.
Incorrect
3/5 Points
9.What is the prescriptive period of a patent infringement suit?
The criminal action herein provided shall prescribe in three (3) years from date of the
commission of the crime
Incorrect
4/5 Points
10.What constitutes civil action for patent infringement?
Any patentee, or anyone possessing any right, title or interest in and to the patented invention,
whose rights have been infringed, may bring a civil action before a court of competent
jurisdiction, to recover from the infringer such damages sustained thereby. If infringement is
repeated by the infringer or by anyone in connivance with him after finality of the judgment of
the court against the infringer, the offenders shall, without prejudice to the institution of a civil
action for damages.
Correct
5/5 Points
11.What are the remedies of the patent owner in case of patent infringement?
1. Action for Damages Any patentee, or anyone possessing any right, title or interest in and to the
patented invention, whose rights have been infringed, may bring a civil action before a court of
competent jurisdiction, to recover from the infringer such damages sustained thereby. If the
damages are inadequate or cannot be readily ascertained with reasonable certainty, the court may
award by way of damages a sum equivalent to reasonable royalty. The court may, according to
the circumstances of the case, award damages in a sum above the amount found as actual
damages sustained provided that the award does not exceed three times the amount of such
actual damages. Damages cannot be recovered for acts of infringement committed before the
infringer had known, or had reasonable grounds to know of the patent. It is presumed that the
infringer had known of the patent if on the patented product, or on the container or package in
which the article is supplied to the public, or on the advertising material relating to the patented
product or process, are placed the words “Philippine Patent” with the number of the patent. No
damages can be recovered for acts of infringement committed more than four years before the
institution of the action for infringement 2. Injunction Any patentee, or anyone possessing any
right, title or interest in and to the patented invention, whose rights have been infringed, may
bring a civil action before a court of competent jurisdiction, to recover from the infringer such
damages sustained thereby, plus attorney’s fees and other expenses of litigation, and to secure an
injunction for the protection of his right. 3. Disposal or Destruction The court may, in its
discretion, order that the infringing goods, materials and implements predominantly used in the
infringement be disposed of outside the channels of commerce or destroyed, without
compensation 4. Criminal Action for Repetition of Infringement If infringement is repeated by
the infringer or by anyone in connivance with him after finality of the judgment of the court
against the infringer, the offenders shall, without prejudice to the institution of a civil action for
damages, be criminally liable therefor and, upon conviction, shall suffer imprisonment for the
period of not less than 6 months but not more than 3 years and/or a fine of not less P100,000 but
not more than P300,000, at the discretion of the court. The criminal action herein provided shall
prescribe in three (3) years from date of the commission of the crime
Incorrect
3/5 Points
12.What is a utility model?
Utility model is any new model of implements or tools of any industrial product even if not
possessed of the quality of invention which is of “practical utility”
Incorrect
4/5 Points
13.What is the term of a patent and what is its significance?
According to Section 54, the term of patent shall be twenty (20) years from the filing date of the
application. Its significance is to protects against unlicensed use of the patent device or process
even by the one who discovered it through independent research.
Correct
5/5 Points
14.What is a patent? What are the various types of patents?
Patent is a statutory monopoly which protects against unlicensed use of the patent device or
process even by the one who discovered it through independent research. There are basically
three types of patent – Utility Patent, Design Patent, and Plant Patent.
Incorrect
4/5 Points
15.What are the requisites for the patentability of an invention? Define each requisite as an
element of patentability.
1. Any technical solution of a problem in any field of human activity 2. Inventive Step – An
invention involves an inventive step if, having regard to prior art, it is not obvious to a person
skilled in the art at the time of the filing date or priority date of the application claiming the
invention 3. Novelty – An invention shall not be considered new if it forms part of a prior art 4.
Industrial Applicability – An invention that can be produced and used in any industry shall be
industrially applicable 5. Patentable subject matter – An invention that does not fall within the
prohibitions of a non-patentable invention
Incorrect
4/5 Points
16.What may be patented?
Patentable Inventions — Any technical solution of a problem in any field of human activity
which is new, involves an inventive step and is industrially applicable shall be Patentable. It may
be, or may relate to, a product, or process, or an improvement of any of the foregoing.
Correct
5/5 Points
17.What are the tests to determine infringement of patent?
A. Economic Interest Test: when the processdiscoverer’s economic interests are compromised B.
Literal Infringement Test: there is infringement of patent under this test if one makes, uses, or
sells an item that contains all the elements of the patent claim. It is satisfied by either of the
following: (i) Exactness rule – the item that is being sold, made, or used conforms exactly to the
patent claim of another (ii) Addition rule: one makes, uses, or sells an item that has all the
elements of the patent claim of another plus other elements C. Doctrine of Equivalents (function-
means-andresults test): infringement takes place 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
Correct
5/5 Points
18. What is the right of priority?
Right of priority is An application for patent filed by any person who has previously applied for
the same invention in another country which by treaty, convention, or law affords similar
privileges to Filipino citizens, shall be considered as filed as of the date of filing the foreign
application. Provided that the local application expressly claims priority; it is filed within twelve
(12) months from the date the earliest foreignapplication was filed; and a certified copy of the
foreign application together with an English translation is filed within six (6) months from the
date of filing in the Philippines
Incorrect
4/5 Points
19.What is the literal infringement test?
Literal Infringement Test: there is infringement of patent under this test if one makes, uses, or
sells an item that contains all the elements of the patent claim. It is satisfied by either of the
following: Exactness rule – the item that is being sold, made, or used conforms exactly to the
patent claim of another; Addition rule: one makes, uses, or sells an item that has all the elements
of the patent claim of another plus other elements
Correct
5/5 Points
20.What is the doctrine of prejudicial disclosure?
The disclosure of information contained in the application during the 12 months preceding the
filing date or the priority date of the application shall not prejudice the applicant on the ground of
lack of novelty if such disclosure was made by: 1. The inventor; including any person, who, at
the filing date of application had the right to the patent 2. A patent office and the information
was contained (a) in another application filed by the inventor and should not have been
disclosed by the office, or (b) in an application filed without the knowledge or consent of the
inventor by a third party which obtained the information directly or indirectly from the inventor
3. A third party which obtained the information directly or indirectly from the inventor
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QUIZ 7 _ Intellectual Property Law
TRADEMARKS
Points:
80/100
Correct
5/5 Points
1.Distinguish a descriptive mark from a genericidal mark.
DESCRIPTIVE MARKS are words that are usually used in trade to describe the product in
question. They convey characteristics, functions, qualities, or ingredients of a product to one who
has never seen it or does not know it. Examples of descriptive marks are: “Certified” for motor
oil, “Turbodiesel” foe diesel engines, “Maskuline” foe men’s underwear, outerwear, pajamas, and
shirts. GENERIC MARKS are names of products they seek to identify. They are juris publici,
incapable of appropriation by any single individual to the exclusion of others. The term “generic”
must be understood in reference to the goods or services associated with the word or sign in
question. They cannot acquire secondary meaning. While descriptive or generic terms may not
be registered, an exception is recognized where such descriptive or generic term is made
distinctive by combination with another word or phrase.
Incorrect
3/5 Points
2.What is the objective of the law in protecting trademarks?
Among the elements, the element of likelihood of confusion is the gravamen of trademark
infringement.
Incorrect
4/5 Points
3.What is the theory of dilution?
Theory of dilution provides as the lessening of the capacity of a famous mark to identify and
distinguish goods or services, regardless of the presence or absence of competition between the
owner of the famous mark and other parties and likelihood of confusion, mistake or deception.
Subject to the principles of equity, the owner of a famous mark is entitled to an injunction against
another person’s commercial use in commerce of a mark or trade name, if such use begins after
the mark has become famous and causes dilution of the distinctive quality of the mark. This is
intended to protect famous marks from subsequent uses that blur distinctiveness of the mark or
tarnish or disparage it.
Incorrect
3/5 Points
4.What is the first to file rule in trademarks?
Applications are rejected on “relative grounds” when the trademark conflicts with prior
trademark rights. Having two identical trademarks for the same type of product could cause
confusion among consumers. Exceptions— Prior registration made in bad faith; Prior registration
was preceded by a prior use in good faith and in concept of owner by another; There is a conflict
with a claim to a priority right.
Incorrect
3/5 Points
5.How is trademark acquired?
According to Section 122, the rights in a mark shall be acquired through registration made
validly in accordance with the provisions of IP Law.
Correct
5/5 Points
6.Define unfair competition. When is a person liable for unfair competition?
According to Article 168 unfair competition provides that any person who shall employ
deception or any other means contrary to good faith by which he shall pass off the goods
manufactured by him or in which he deals, or his business, for those of the one having
established such goodwill, or who shall commit any acts calculated to produce said results, is
guilty of unfair competition. In particular, and without in any way limiting the scope of
protection against unfair competition, the following shall be deemed guilty of unfair competition:
a. Selling his goods and gives them the general appearance of goods of another manufacturer or
dealer, as to the goods themselves; the wrapping of the packages in which they are contained; the
devices or words thereon; any other feature of their appearance which would be likely to
influence purchasers to believe that the goods offered are those of a manufacturer or dealer b.
Use any artifice, or device, or who employs any other means calculated to induce the false belief
that such person is offering the services of another who has identified such services in the mind
of the public c. Making any false statement in the course of trade or who shall commit any other
act contrary to good faith of a nature calculated to discredit the goods, business or services of
another.
Incorrect
3/5 Points
7.What is the idem sonans rule in trademark? Explain.
Idem Sonans Rule or the Similarity in sound — two trademarks used on identical or related
goods may be confusingly similar if they have similar sound of pronunciation
Incorrect
3/5 Points
8.Is the registrant required to declare actual use of the trademark? Discuss.
According to Section 124.2 of the IP Code, t the applicant or the registrant shall file a declaration
of actual use of the mark with evidence to that effect, as prescribed by the Regulations within
three (3) years from the filing date of the application. Otherwise, the application shall be refused
or the mark shall be removed from the Register by the Director.
Incorrect
4/5 Points
9.Does the owner of a trademark have a right of property to prevent others from manufacturing,
producing, or selling the same article to which it is attached?
Section 147 provides the rights conferred to the owner of a trademark which states that the owner
of a registered mark shall have the exclusive right to prevent all third parties not having the
owner’s consent from using in the course of trade identical or similar signs or containers for
goods or services which are identical or similar to those in respect of which the trademark is
registered where such use would result in a likelihood of confusion. In case of the use of an
identical sign for identical goods or services, a likelihood of confusion shall be presumed. There
shall be no infringement of trademarks or tradenames of imported or sold patented drugs and
medicines allowed under Section 72.1 of this Act, as well as imported or sold off-patent drugs
and medicines: Provided, That, said drugs and medicines bear the registered marks that have not
been tampered, unlawfully modified, or infringed upon, under Section 155 of this Code.
Incorrect
3/5 Points
10. Is registration with the Intellectual Property Office a prerequisite in an infringement suit of a
trade name?
According to RA No. 8293, elements of infringement involve the trademark being infringed is
registered in the Intellectual Property Office; however, in infringement of trade name, the same
need not be registered.
Incorrect
4/5 Points
11.What is a well-known mark? What are the remedies of the owner of a well-known mark that
is not registered in the Philippines?
Well-known Mark – a mark considered well-known by the competent authority of the country
where protection for the mark is sought. It is not required that the well-known mark be used in
the commerce in the Philippines but only that it be well-known. Even if the trademark is not
registered in the Philippines, if it is a well-known mark, it will be protected.
Correct
5/5 Points
12. What is the doctrine of secondary meaning?
While as a general rule, generic, indicative or descriptive marks are incapable of appropriation,
nothing shall prevent the registration of such mark when such kind of mark has become
distinctive in relation to the goods for which registration is requested. The Office may accept as
prima facie evidence that the mark has become distinctive, as used in connection with the
applicant’s goods or services in commerce, proof of substantially exclusive and continuous use
thereof by the applicant in commerce in the Philippines for 5 years before the date on which the
claim of distinctiveness is made.
Incorrect
4/5 Points
13.What is the dominancy test?
Dominance test focuses on the similarity of the main, prevalent or essential features of the
competing trademarks that might cause confusion. It relies on visual, aural, and connotative
comparisons and overall impression between the two trademarks. The test is whether there is a
similarity of the prevalent features of the competing trademarks which might cause confusion.
Correct
5/5 Points
14.What is and when is there trademark infringement?
According to Section 155 of the IP Code, trademark infringement is any person who shall,
without the consent of the owner of the registered mark: Use in commerce any reproduction,
counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant
feature apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints,
packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in
connection with therein connection with the— Sale; Offering for sale; Distribution; Advertising
of any goods or services including other preparatory steps necessary to carry out the sale of any
goods or services on or in connection with which such use is likely to cause confusion, or to
cause mistake, or to deceive. To establish trademark infringement, the following elements must
be shown: (1) the validity of 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, it is the element of likelihood of confusion that is the gravamen of
trademark infringement.
Incorrect
4/5 Points
15.What is the holistic test?
Considers the entirety of the marks, including labels and packaging, in determining confusing
similarity. It relies on visual. The test is whether the general confusion made by the article upon
the eye of the casual purchaser, who is unsuspicious and off his guard, is such as to likely result
in the confounding it with the original
Correct
5/5 Points
16.When may the Intellectual Property Office cancel the certificate of trademark registration?
A petition to cancel a registration of a mark under this Act may be filed with the Bureau of Legal
Affairs by any person who believes that he is or will be damaged by the registration of a mark at
any time 1. If the registered mark becomes the generic name for the goods or services, or a
portion thereof, for which it is registered 2. Mark has been abandoned 3. Registration was
obtained fraudulently or contrary to the provisions of this Act 4. Registered mark is being used
by, or with the permission of, the registrant so as to misrepresent the source of the goods or
services on or in connection with which the mark is used 5. Registered owner of the mark
without legitimate reason fails to use the mark within the Philippines, or to cause it to be used in
the Philippines by virtue of a license during an uninterrupted period of three (3) years or longer
If the registered mark becomes the generic name for less than all of the goods or services for
which it is registered, a petition to cancel the registration for only those goods or services may be
filed. Upon the filing of cancellation, the Office shall serve notice of the filing on the applicant,
and of the date of the hearing thereof
Correct
5/5 Points
17. Differentiate a trademark from collective mark and service mark.
Collective Mark – means any visible sign designated as such in the application for registration
and capable of distinguishing the origin or any other common characteristic, including the
quality of goods or services of different enterprises which use the sign under the control of the
registered owner of the collective mark. A collective mark is generally owned by an association
or cooperative whose members may use the collective marks to market their products Service
Mark – used to distinguish certain services as those provided by a specific enterprise. A service
mark is very similar in nature to a trademark. Both are distinctive signs. Services may be any
kind such as financial, banking, travel, advertising or catering.
Incorrect
4/5 Points
18.What is the doctrine of unrelated goods?
Doctrine of unrelated goods or even dissimilar goods doctrine provides that if goods or services
are not identical or similar, such registration (of the mark identical to a well-known mark) will
still not be allowed if: there is a connection between goods or services of junior and senior users
of well-known mark; The interests of the owner of the registered mark are likely to be damaged;
The well-known mark is registered in the Philippines.
Correct
5/5 Points
19.What are the tests in determining likelihood of confusion?
Dominance test and holistic test.
Incorrect
3/5 Points
20.What are generic marks? Are these prohibited?
GENERIC MARKS are names of products they seek to identify. They are juris publici, incapable
of appropriation by any single individual to the exclusion of others.
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QUIZ 6_Intellectual Property Law
PART I – General Principles
Points:
39/50
Correct
10/10 Points
1.Distinguish trademark, trade name, patent ad copyright from one another as to definition, scope
or object, term of protection and modes of acquisition.
Trademark is any visible sign capable of distinguishing the goods (trademark) or services
(service mark) of an enterprise and shall include a stamped or marked container of goods. It is
vested from registration with term of protection for as long as the mark is used in commerce. A
patent is a statutory monopoly which protects against unlicensed use of the patent device or
process even by the one who discovered it through independent research. It protects inventions,
such as processes, machines, manufactures, compositions of matter as well as improvements to
these and with a term of protection of 20 years. A copyright is a right granted by the statute to
the author or originator of literary, scholarly, scientific, or artistic productions including
computer programs. A copyright gives him the legal right to determine how the work is used and
to obtain economic benefits from the work. It is confined to literary and artistic works which are
original intellectual creations in the literary and artistic domain protected from the moment of
their creation such as books, articles, songs, photographs, sculptures, choreography, sound
recordings, motion pictures and other works with a term of protection lasting with the author’s
life plus 70 more years.
Incorrect
5/10 Points
2.Are trade secrets protected under the Intellectual Property Code?
According to Section 78 of the IP code, If the subject matter of a patent is a process for obtaining
a product, any identical product shall be presumed to have been obtained through the use of the
patented process if the product is new or there is substantial likelihood that the identical product
was made by the process and the owner of the patent has been unable despite reasonable efforts,
to determine the process actually used. In ordering the defendant to prove that the process to
obtain the identical product is different from the patented process, the court shall adopt measures
to protect, as far as practicable, his manufacturing and business secrets.
Correct
10/10 Points
3.What are intellectual property rights? Give the two (2) categories of intellectual property rights
The term “intellectual property rights” consists of Copyright and Related Rights; Trademarks and
Service Marks; Geographic Indications; Industrial Designs; Patents; Layout-Designs
(Topographies) of Integrated Circuits; Protection of Undisclosed Information. The two categories
of IP Rights are industrial property and copyright and neighboring rights. Industrial property
includes patents, trademarks and other marks, geographic indications, utility models, industrial
designs, topographies of integrated circuits and trade secrets. On the other hand, copyrights and
neighboring rights include scientific, scholarly, artistic and literary works, examples of which
are, musical works, dramatic works, audio visual works, paintings and drawings, sculptures,
photographic works, architectural works, sound recordings, databases and computer software,
and other works embodied in Part IV (Law on Copyright) of RA 8293
Incorrect
5/10 Points
4.Can an article of commerce serve as a trademark and at the same time enjoy patent and
copyright protection? Explain.
The enjoyment and exercise of copyright including moral rights, shall not be the subject of any
formality; such enjoyment and such exercise shall be independent of the existence and protection
in the country of origin of the work. According to the Article 5(2), Berne Convention for the
Protection of Literary and Artistic Works.
Incorrect
9/10 Points
5.Are trademark, copyright and patent interchangeable?
Based on the case of Pearl and Dean Inc. vs. Shoemart Inc Trademark, copyright and patents are
different intellectual property rights that cannot be interchanged with one another. A trademark is
any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an
enterprise and shall include a stamped or marked container of goods. In relation thereto, a trade
name means the name or designation identifying or distinguishing an enterprise. Meanwhile, the
scope of a copyright is confined to literary and artistic works which are original intellectual
creations in the literary and artistic domain protected from the moment of their creation.
Patentable inventions, on the other hand, refer to any technical solution of a problem in any field
of human activity which is new, involves an inventive step and is industrially applicable.
Microsoft 365
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