INTELLECTUAL PROPERTY LAW

Question 1

Grant issued by the government through the Intellectual Property of the Philippines

Answer 1

Patent

Question 2

Protection option which is designed to protect innovations that are not sufficiently inventive to meet threshold required for standard patents application

Answer 2

Utility Model

Question 3

How many years is the utility model entitled of protection from the date of filing with no possibility of renewal

Answer 3

7 years

Question 4

it is any composition of line 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

Answer 4

industrial design

Question 5

how many years is the validity of industrial design

Answer 5

valid for 5 years from the filing date of the application. it may be renewed for not more than 2 consecutive period of 5 years each by paying the renewal fee

Question 6

term of patent

Answer 6

20 years providing an inventor significant commercial gain

Question 7

requisites of patentable inventions

Answer 7

1. It must be a technical solution to a problem in any field of human activity. it may be, or may be relative to, a product or process, or an improvement of any of the foregoing
2. it must be new. it shall not be considered new if tit forms part of a prior art.
3. it must involve an inventive step
4. it must be industrially applicable. an inventive that can be produced and used in any industry shall be industrially applicable

Question 8

refers to the unauthorized making, using, offering for sale or selling any patented invention or products of the patented invention without consent from the patent holder

Answer 8

patent infringement

Question 9

tests of patent infringement

Answer 9

1. literal infringement
2. doctrine of equivalent infringement

Question 10

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

Answer 10

trademark

Question 11

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

Answer 11

service mark

Question 12

means any visible sign designated as such in the application of registration and capable of distinguishing the origin or any other common characteristics

Answer 12

collective mark

Question 13

means the name or designation identifying or distinguishing an enterprise

Answer 13

trade name

Question 14

term of trademark and service mark

Answer 14

10 years but subject to unlimited times of renewal. therefore, it has indefinite life

Question 15

test of trademark infringement

Answer 15

1. dominancy test
2. holistic test

Question 16

test of trademark infringement which focuses on the similarity of the main prevalent or essential features of the competing trademarks that might cause confusion. infringement takes place when the competing trademark contains the essential features of another.

Answer 16

dominancy test

Question 17

test of trademark infringement where the focus is not only on the predominant words but also on the other features appearing on the labels

Answer 17

holistic test

Question 18

what are the elements that must be present to establish trademark infringement

Answer 18

1. the validity of the plaintiffs mark
2. the plaintiffs ownership of the mark
3. and the use of the mark or its colorable imitation by the alleged infringer results in the likelihood confusion

Question 19

it is the legal protection extended to the owner of the rights in an original work

Answer 19

copyright

Question 20

term of copyright

Answer 20

life of the authors plus 50 years after his death

Question 21

two rights under copyright

Answer 21

economic rights and moral rights