Intellectual Property Code

Question 1

What is the RA of the Intellectual Property Code

Answer 1

RA 8293

Question 2

What is intellectual property rights

Answer 2

• intangible
• granted by law to owners of intellectual creations

Question 3

What are examples of intellectual creations

Answer 3

1. Inventions
2. Designs, names, signs
3. Literary and artistic works

Question 4

Intellectual property rights under the IPC

Answer 4

• Patents
• Trademarks and Service Marks
• Copyright

Question 5

What is the difference between patents, trademarks and copyright

Answer 5

a

Question 6

is an exclusive right granted to an inventor over an invention to sell, use, and make the same for commerce and industry

Answer 6

Patent

Question 7

Any visible sign capable of distinguishing an object

Answer 7

Mark

Question 8

If a mark distinguishes a good, it is registered as

Answer 8

Trademark

Question 9

If a mark distinguishes a service it is registered as

Answer 9

Service Mark

Question 10

the name or designation identifying or distinguishing an enterprise

Answer 10

Trade name

Question 11

Copyright is confined to

Answer 11

literary and artistic works

Question 12

When is copyright vested?

Answer 12

from the moment of creation

Question 13

What are the requisites of patentable invention?

Answer 13

1. New
2. Inventive Step
3. Industrially applicable

Question 14

What if albert einstein invent the theory of relativity today, can it claim a patent?

Answer 14

No

Question 15

What are the non-patentable inventions?

Answer 15

1. Scientific and mathematical methods
2. Mental Acts and programs for computers
3. Treatment of human and animal body
4. Animal and plant varieties
5. aesthetic creations

Question 16

When does the acquisition of the right of Patent happen

Answer 16

by applying and grant by the Intellectual Property Office

Question 17

When is the effectivity of the right of patent

Answer 17

• take effect on the date of publication in the IPO Gazette

Question 18

What is the term of patent

Answer 18

20 years from the filing data of the application

Question 19

Can an extension of the term of patent be asked?

Answer 19

no, it shall become a prior part

Question 20

List of Patent Owners

Answer 20

1. Inventor
2. Heirs
3. Assigns

Question 21

When 2 or more person have jointly made an invention, who owns the patent?

Answer 21

Jointly right of patent

Question 22

Inventions through commission, the patent should be owned by?

Answer 22

the person who commissioned, unless stipulated

Question 23

An invention by an employee done during his employment contract, who owns the patent

Answer 23

Employee, if the inventive activity is not part of his regular duties even if they use materials, time and facilities of the employer

Employer if the inventive activity is a result of his regular duties

Question 24

What is the rule on acquisition of patent when 2 or more person made the same invention?

Answer 24

First to file Rule

Question 25

What tests are used to determine patent infringement?

Answer 25

1. LIteral Infringement 2. Doctrine of Equivalents

Question 26

Definition of Doctrine of Equivalents

Answer 26

1. Copies the innovative concept 2. some modification 3. performs the same function

Question 27

What are the civil actions for infringement?

Answer 27

1. File for damages and litigation expenses 2. Injunction (papatigilin)

Question 28

When can a criminal action for infringement be filed?

Answer 28

When a repetitive action for infringement is done after the decision of the civil action case

Question 29

Duration of criminal action for infringement?

Answer 29

6 months to 3 years

Question 30

What is the fine for criminal action for infringement

Answer 30

100k to 300k

Question 31

Acquisition of owership of trademark or service mark is acquired through?

Answer 31

Registration

Question 32

Acquisition of trade name is done through?

Answer 32

acquired by use

Question 33

Is tradename required to be registered?

Answer 33

No

Question 34

What is the requirement on trademark/service mark?

Answer 34

actual use within 3 years from filing date of application

Question 35

What is the duration of a trademark?

Answer 35

10 years and renewable unlimitedly for the same amount of years

Question 36

What are the non registrable marks

Answer 36

1. immoral matters 2. matters that suggest a connection with another mark 3. flag or coat of arms 4. name, portrait of a living individual or a dead president 5. Identical with a registered mark 6. Identical with a well-known mark 7. Intent to mislead the public 8. Generic signs 9. Used in everyday customs

Question 37

What are the exception in the portrait and name of a living individual or deceased President mark?

Answer 37

needs a written consent if living, or by the widow of the president

Question 38

In cases of marks that are similar to a well known mark, what are the protections given to the well known mark in the PH

Answer 38

If it is registered in the PH, protection is given to similar and not similar goods and services If not registered in the PH only similar good and services are protected

Question 39

a word or phrase has come to mean that the article was his product?

Answer 39

Doctrine of Secondary Meaning

Question 40

Test to Determine Confusion of Marks: Focuses on prevalent features

Answer 40

Dominancy Test

Question 41

Test to Determine Confusion of Marks: focus on the entirety of the marks

Answer 41

Holistic Test

Question 42

Kinds of Confusion: person is induced to buy a product believing that he is buying the other product

Answer 42

Confusion of Goods

Question 43

Kinds of Confusion: Confusion which a person believed that the product he is buying originated from the business of the another

Answer 43

Confusion of Business

Question 44

is the unauthorized use of the mark

Answer 44

Infringement

Question 45

passing of one's as those of anotherr

Answer 45

unfair competition

Question 46

Distinction of Infringement and Unfair Competition: Fraud

Answer 46

- Infringement: not required - UC: required

Question 47

Distinction of Infringement and Unfair Competition: Registration

Answer 47

- Infringement: required - UC: not required

Question 48

sole and exclusive privilege of multiplying copies of the same and publishing and selling hem

Answer 48

Copyright

Question 49

Elements of Copyrightable Works?

Answer 49

1. Originality 2. Expression

Question 50

Classification of Protected Works

Answer 50

1. Original and Literary Work 2. Derivative Works

Question 51

In all cases, expression is needed for a work to be copyrightable?

Answer 51

No, lectures,sermons etc.

Question 52

Are format or mechanics of a television show copyrightable?

Answer 52

No