Intellectual Property Law

Question 1

Where is a copyright registered

Answer 1

national library

Question 2

Where are patents and trademarks registered

Answer 2

intellectual property office

Question 3

The protection for copyright starts from its _____________

the protection for patent starts from its _____________

the protection for trademark starts its ______________

Answer 3

creation; application; issuance of certificate of registration

Question 4

Duration of rights

1. Of copyright
2. Of patent
3. Of trademark

Answer 4

lifetime of the author plus 50 years after death

20 years

10 years

Question 5

It means any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods

Answer 5

mark

Question 6

It means any visible sign that ignited as such in the application for registration and capable of distinguishing the origin or any other common characteristic including to quality of goods or services of different enterprises which used the sun under the control of the registered owner of such

Answer 6

collective mark

Question 7

It means the name or designation identifying or distinguishing an enterprise

Answer 7

trade name

Question 8

It denotes such a closed or ingenious imitation as to be calculated to deceive ordinary persons or such a resemblance to the original as to deceive an ordinary purchaser given such attention as a purchaser usually gives and to cause him to purchase the one supposing it to be the other

Answer 8

colorable imitation

Question 9

Are those which constitute the common descriptive name of an article or substance or comprise the genus of which the particular product is a species or or commonly used as the name or description of a kind of goods or imply reference to every member of the genus and the exclusion of individuating characters or refer to the basic nature of the wares or services provided rather than to the more idiosyncratic characteristics of a particular product and or not legal you protectable

Answer 9

generic terms

Question 10

As under student its normal and natural sense, it forthwith conveys the characteristics, functions, qualities or ingredients of a product to one who has never seen it and doesn’t know what it is or if it forth with conveys an immediate idea of the ingredients qualities or characteristics of the goods or if it clearly denotes what goods or services are provided in such a way that the consumer does not have to exercise powers of perception or imagination and therefore invalid as a trademark

Answer 10

descriptive terms

Question 11

Are those which in the phraseology of one court, required imagination, thought and perception to reach a conclusion as to the nature of the goods. Such terms which subtly connote something about the product or eligible for protection in the absence of secondary meaning. While these are capable of shedding some light upon certain characteristics of the goods or services in dispute, they nevertheless involve an element of incongruity, figurative less, or imaginative effort on the part of the observer

Answer 11

suggestive terms

Question 12

Under this doctrine, a word or phrase originally incapable of exclusive appropriation with reference to an article in the market, because geographical or otherwise descriptive might nevertheless have been used so long and so exclusively by one producer with reference to this article that, in that trade and to that group of the purchasing public, the word or phrases come to mean that the article was his produce

Answer 12

doctrine of secondary meeting

Question 13

Certificate of registration of a mark shall be conclusive evidence of the validity of the registration. True or false

Answer 13

false, it is a prima facie evidence

Question 14

Is a local application of a trademark when an earlier application is filed abroad

Answer 14

priority claim

Question 15

Priority claim is filed within ________ from filing of priority application.

Answer 15

6 month

Question 16

True or false, failure to file a local application is treated as a waiver of priority claim

Answer 16

true

Question 17

Rights to a trademark shall be ________ from registration

Answer 17

10 years

Question 18

The rights to a trademark in a certificate of registration may be renewed for periods of _________ at its expiration upon payment of the prescribed fee at a pond filing a request at any time within _______ before expiration or within ________ after such exploration upon payment of an additional

Answer 18

10 years; 6 months; 6 months

Question 19

A declaration of actual use shall be filed within ________ from filing date of application, extensible for another ________ otherwise it should be team and abandonment of the application

Answer 19

3 years; 6 months

Question 20

Another declaration of actual use shall be filed within ______ from the 5th anniversary of the registration of the mark, otherwise, the mark shall be removed from the register by the office

and within ________ from the date of renewal of the trademark registration

Answer 20

1 year; 1 year

Question 21

It is a theory in which 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 marquis registered

Answer 21

theory of dilution

Question 22

True or false. Registration of marks can be assigned and transferred

Answer 22

true; recorded at the office in the name of the assignee or transferee

Question 23

True or false assignments and transfers shall have no effect against third parties until they are recorded at the office

Answer 23

true

Question 24

Who can petition to cancel a registration of a mark under this act to the bureau of legal affairs

Answer 24

any person who believes that he is or will be damaged by the registration of a mark

Question 25

Any person who shall, without the consent of the owner of the registered mark used in commerce and production of a registered trademark in connection with the sale which such use is likely to cause confusion or to cause mistake or to deceive

Answer 25

trademark infringement

Question 26

It is an infringement test which considers the entirety of the marks in question

Answer 26

holistic or totality test

Question 27

It is a test on infringement which focuses on prevalent or dominant features

Answer 27

dominancy test

Question 28

What are the remedies for trademark owner in case of infringement

Answer 28

1. Recover damages which shall be based on the reasonable profit which the complaining party would have made double percentage based upon the amount of gross sales of the defendant; maybe doubled if there was an intent to mislead or defraud 2. Sick injunction 3. Sick the destruction of infringe in materials without compensation

Question 29

True or false. A registered mark shall have no effect against any person who invent faith before the filing date or the priority date was using the mark for the purposes of his business or enterprise

Answer 29

true. Prior user in good faith

Question 30

The following shall be deemed guilty of unfair competition 1. Any person, who in selling his goods shall give them the ____________________________, either as to the goods themselves or in the wrapping of the packages in which they are contained or the devices or words thereon or in any feature of their appearance which would be likely to influence purchasers to believe that the goods offered or those of a manufacturer or dealer other than the actual manufacturer or dealer 2. Any person who by any artifice, or device, or who employs any other means calculated to induce the false belief that such person is __________________ who has identified such services in the mind of the public; 3. Any person who shall make any false statement in the course of trade or who shall commit any other act contrary to good faith of a nature calculated to ________________________

Answer 30

general appearance of goods of another manufacturer or dealer; offering the services of another; discredit the goods, business or services of another

Question 31

Penalty for unfair competition: imprisonment of ______________ and or or fine of ____________

Answer 31

2 to 5 years; 50,000 to 200,000

Question 32

True or false fraudulent intent is required in a trademark infringement

Answer 32

false; necessary in unfair competition

Question 33

True or false. Sale is required in trademark infringement and unfair competition

Answer 33

false. Only in unfair competition

Question 34

True or false. Registration of the mark is a prerequisite in trademark infringement

Answer 34

true; not necessary in unfair competition

Question 35

Which is broader, trademark infringement or unfair competition

Answer 35

unfair competition; it includes passing off goods with or without trademark infringement. There can be trademark infringement without unfair competition

Question 36

Is the right of literary property as recognized and sanctioned by positive law

Answer 36

copyright

Question 37

Is the natural person who has created the work

Answer 37

author

Question 38

Is a work which has been created by two or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified

Answer 38

collective work

Question 39

It means any communication to the public, including broadcasting, rebroadcasting, retransmitting by cable

Answer 39

communication to the public

Question 40

Is the transfer of possession of the original or a copy of a work or sound recording for a limited period for nonprofit purposes by an institution the services of which are available to the public such as public library or archive

Answer 40

public lending

Question 41

It means works which with the consent of the author's or made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them

Answer 41

published works

Question 42

True or false. Registration is a requirement for the protection of a copyright

Answer 42

false; protection commences from the moment of creation

Question 43

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

Answer 43

true

Question 44

It is the making of one or more copies of a work or sound recording in any manner or form

Answer 44

reproduction

Question 45

True or false. Works protected include ideas, procedures, system method or operation, concept, discovery, news

Answer 45

false

Question 46

True or false. No copyright shall subsist in any work of the government of the philippines

Answer 46

true

Question 47

True or false. The ownership of the copyright shall belong to the employer whose duties are unrelated to the object of the copyright if the employee uses the time, facilities and materials of the employer

Answer 47

false

Question 48

Who shall have the ownership of the copyright of a commissioned work

Answer 48

the creator; the commissioned work itself shall be owned by the person who commissioned

Question 49

Who shall own the copyright of anonymous and pseudonymous works

Answer 49

publishers

Question 50

True or false. If two or more persons jointly own a copyright or any part thereof, any of the owners shall be entitled to grant licenses even without the consent of the other

Answer 50

false

Question 51

True or false. The transfer of a copyright shall constitute a transfer of the material object

Answer 51

false; nor shall a transfer or assignment of the soul coffee or of one or several copies of the work implied transfer assignment or licensing of the copyright

Question 52

The designated societies of the owners of copyrights shall first secure the necessary accreditation from the ______________ before enforcing the rights on their members

Answer 52

intellectual property office

Question 53

True or false. When an author contributes to a collective work, his right to have his contribution attributed to him is deemed waived unless expressly reserves it

Answer 53

true

Question 54

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 should have an inalienable right to participate in the gross proceeds of the sale or lease of the extent of _______. This right shall exist during the lifetime of the author and for 50 years after his death

Answer 54

5%

Question 55

The term for protection of anonymous or pseudonymous works

Answer 55

50 years from the date on which the work was first lawfully published

Question 56

Term for protection of photographic works and audiovisual works

Answer 56

50 years from publication of the work and if unpublished 50 years from the making

Question 57

Term of protection for performers and producers of sound recordings

Answer 57

50 years from the end of the year in which the performance took place; 50 years from the end of the year in which the reporting to place

Question 58

Terms of protection in case of broadcast

Answer 58

20 years from the date of the broadcast

Question 59

True or false. Mathematical methods and methods for treatment of the human or animal body by surgery, aesthetic creations, and biological process for the production of plants or animals are patentable inventions

Answer 59

false

Question 60

It is an element of a patent which means that an invention should not be considered new if it forms part of a prior art

Answer 60

novelty

Question 60

It is an element of a patent which means that an invention should not be considered new if it forms part of a prior art

Answer 60

novelty

Question 61

It is an element of a patent which means an invention involves an inventive step if, having regard to a 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

Answer 61

inventive step

Question 62

An element of a patent: an invention that can be produced and used in any industry shall be industrially applicable

Answer 62

industrial applicability

Question 63

One application is equal to one invention

Answer 63

unity of invention

Question 64

Maybe allowed if there is more than one invention, either voluntarily or within four months from recommendation of the director

Answer 64

divisional application

Question 65

Grounds for cancellation of patent (NDP)

Answer 65

no novelty; did not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any person skilled in the art; contrary to public order or morality

Question 66

If two or more persons separately made the same invention, priority is given to

Answer 66

the one who filed first

Question 67

Process of a priority claim 1. A claim of priority based on an earlier filing date abroad 2. A local application is filed within _______ from priority date 3. Certified copy of priority application in english translation thereof within _______ from the filing date

Answer 67

12 months; 6 months

Question 68

When an application is still pending, the actual inventor should file an action in court to prove that he is the actual inventor within _________ from the first publication

Answer 68

1 year

Question 69

Who shall own a commissioned invention and the patent created therefrom

Answer 69

both the person who commissioned

Question 70

True or false. The same rules in the copyright in case of a creation of employee shall apply in patents

Answer 70

true

Question 71

Term of patent

Answer 71

20 years

Question 72

Notwithstanding the exclusivity of rights of an owner of a patent, any _________ who in good faith was using the invention or has undertaken serious preparations to use the invention in his enterprise or business before the filing date or priority date of the application on which a patent is granted shall have the right to continue the use thereof as envisaged in such preparations within the territory where the patent produces its effect

Answer 72

prior user

Question 73

The making, using, offering for sale, selling, or importing a patented product or a product obtained directly or indirectly from a patented process, or the use of patented process without the authorization of the patentee constitutes _____________

Answer 73

infringement

Question 74

It is an infringement with some modification and change, but substantially the same in function, mode of operation, and result

Answer 74

doctrine of equivalents

Question 75

True or false. Identity of result does not amount to infringement of patent at last invention being questioned operates in substantially the same way or by substantially the same means as the patented one even though it performs the same function and achieves the same results

Answer 75

true

Question 76

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 therefore and upon conviction software imprisonment for period of _____________ and or or a fine of _____________. The criminal action here in provided shall prescribe in _________ from the date of the commission of the crime

Answer 76

6 months to 3 years; 100,000 to 300,000; 3 years

Question 77

True or false damages can be recovered for acts of infringement committed before the invention had known or had reasonable grounds to know the patent

Answer 77

false