Intellectual Property Rights and the Philippine Patent Law Flashcards

(40 cards)

1
Q

What is the typical duration of a patent in the Philippines from the filing date?
a. 5 years
b. 10 years
c. 20 years
d. 30 years

A

20 yers

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2
Q

Which of the following is type of trademark?
a. Utility Patent
b. Design Patent
c. Word Marks
d. Industrial Applicability

A

C. Word Marks

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3
Q

Which of the following best describes a licensing agreement?
a. A partnership between two companies to create a new product
b. A legal contract granting the right to use intellectual property in exchange with payment
c. A merger between two companies to combine their intellectual property
d. A donation of intellectual property to a non-profit organization

A

B. A legal contract granting the right to use intellectual property in exchange with payment

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4
Q

What is the primary benefit for a licensor in a licensing agreement?
A. gaining complete control over the licensee’s business operations.
B. Monetizing their intellectual property to the licensee.
C. Transferring ownership of their intellectual property to the licensee.
D. Avoiding any legal responsibility for the use of their intellectual property.

A

B. Monetizing their intellectual property to the licensee

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5
Q

Which government agency in the Philippines plays a significant role in supporting technology transfer?
A. Avoiding any legal responsibility for the use of their intellectual property Department of Trade and Industry (DTI)
B. Technology Application and Promotion Institute (TAPI) of the Department of Science and Technology (DOST)
C. Department of Agriculture (DA)
D. Department of Education (DepEd)

A

B. Technology Application and Promotion Institute (TAPI) of the Department of Science and Technology (DOST)

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6
Q

What is the primary purpose of the Philippine Technology Transfer Act of 2009 (Republic Act 10055)
A. To increase taxes on technology imports.
B. To stimulate a national innovation system and promote public R&D efforts
C. To restrict foreign investment in Philippine Technology Sectors
D. To eliminate intellectual property rights for local inventors.

A

B. To stimulate a national innovation system and promote public R&D efforts

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7
Q

The Intellectual Property Office of the Philippines (IPOPHL) was established in
A. 1947
B. 1997
C. 1998
D. 2000

A

C. 1998

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8
Q

Which of the following was the predecessor agency of IPOPHL
A. Philippine Patent Office
B. Bureau of Legal Affairs
C. Department of Trade and Industry
D. Bureau of Patents, Trademarks, and Technology Transfer (BPITT)

A

D. Bureau of Patents, Trademarks, and Technology Transfer (BPITT)

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9
Q

The primary law that established IPOPHL and governs intellectual property in the Philippines is:
A. Republic Act No. 165
B. Trade-Related Aspect of Intellectual Property Rights (TRIPS) Agreement
C. Intellectual Property Code of 1997 (Republic Act No. 8293)
D. Philippine Constitutin

A

C. Intellectual Property Code of 1997 (Republic Act No. 8293)

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10
Q

Which of the following is NOT a primary function of IPOPHIL mentioned in the text?
A. Registration of trademarks
B. Adjudication of IP disputes
C. Development of international trade agreements
D. Examination and granting of patents

A

C. Development of International Trade Agreement

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11
Q

The date on which the case of Suhitas Pharmaceutical Inc. and Boehringer Ingelheim Pharma GmbH & Co. was filed
A. January 25, 2015
B. January 02, 2015
C. January 26, 2025
D. January 27, 2015

A

D. January 27, 2015

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12
Q

Which patented drug was at the center of the dispute between Boehringer Ingelheim and Suhitas Pharmaceutical?
A. Metformin
B. Losartan
C. Telmisartan
D. Paracetamol

A

C. Telmisartan

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13
Q

Which of the following is NOT a key provision under Republic Act No. 8293 regarding patents?
A. Patentability requires novelty, inventive step, and industrial applicability.
B. Patents are granted for 20 years from the filing date without renewal.
C. Compulsory licensing is only allowed for commercial purposes.
D. The Intellectual Property Office of the Philippines oversees patent registration

A

C. Compulsory licensing is only allowed for commercial purposes.

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14
Q

What is one of thr primary goals of the Philippine Intellectual Property Strategy (PHIPS) 2015-2030?
A. To reduce the number of patents granted annually.
B. To position the Philippines as a global hub for creativity and innovation
C. To eliminate copyright protection for audiovisual works
D. To abolish compulsory licensing provision.

A

B. To position the Philippines as a global hub for reactivity and innovation.

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15
Q

How many years does copyright in the Philippines generally last for the lifetime of the author plus ___ after their death?
A. 20 years
B. 15 years
C. 70 years
D. 50 years

A

D. 50 years

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16
Q

This protects original works that are created in a material form
A. Trademark
B. Patent
C. Protection
D. Copyright

A

D. Copyright

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17
Q

What was the basis for the Court of Appeals’ initial decision to rule in favor of TPI, which was later overturned by the Supreme Court?
A. The Court of Appeals found that Philips Seafood’s process literally infringed TPI’s patent.
B. The Court of Appeals initially ruled that Philips Seafood did not infringe TPI’s Patent
C. The Court of Appeals found infringement under the doctrine of equivalents
D. The Court of Appeals held that TPI’s patent was invalid.

A

C. The Court of Appeals found infringement under the doctrine of equivalents.

18
Q

The patent application was abandoned due to the negligence of E.I Dupont’s former counsel in responding to IPO communications. The Supreme Court’s decision to uphold the denial of the revival of E.I. Dupont’s patent application was influenced by the public interest in maintaining competition in the pharmaceutical market and preventing monopolies on essential medications like losartan.
A. The first statement is true. The second statement is false.
B. Both statements are true.
C. The first statement is false. The second statement is true.
D. Both statements are false

A

B. Both statements are true.

19
Q

What was the purpose of Republic Act No. 165, enacted in 1947
A. To regulate unfair competition in commerce
B. To establish the system for registering trademarks and service marks.
C. To create a Patent Office and provide protection for inventions
D. To implement international copyright agreements

A

C. To create a Patent Office and provide protection for invention

20
Q

Which major international agreement did the Philippines join in 1995, leading to the adoption of TRIPS?
a. Berne Convention
b. WIPO
c. Rome Convention
d. World Trade Organization (WTO)

A

D. World Trade Organization (WTO)

21
Q

What is the legal term for a distinctive sign used to identify a product or service?

22
Q

What is the requirement that an invention must be practically useful in industry to be eligible for a patent?

A

Industrial Applicability

23
Q

A legal contract between two parties that outlines the terms and conditions under which one party grants the other party the right to use or access a certain intellectual property or product is called _________ agreement

A

Licensing Agreement

24
Q

Information that would be detrimental to a business’s ability to compete in their marketplace if it was publicly disclosed, and that can be protected through a Non-Disclosure Agreement within a licensing agreement is ___________

25
The University of the Philippines developed the ______________, a dengue test kit that exemplifies successful technology transfer in the Philippines
Biotek-M Dengue Test Kit
26
The document allows for the legal transfer of knowledge, inventions, and innovations from research institutions to industries for commercialization is called ___________ agreement
Technology transfer agreement
27
The year the Philippines Patent Office was established under Republic Act No. 165
1947
28
The international agreement on intellectual property rights was were the BPITT played an advisory role in the Philippines' negotiation.
Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement
29
The specific bureau within IPOPHL that handles the resolution of intelelctual property disputes
Bureau of Legal Affairs
30
The three main types of intellectual property rights that IPOPHL is primary responsible for are the registration and protection of
Patents, Trademarks and Copyrights
31
The main legal issue in the case between Zuneca Pharmaceutical and Natrapharm, Inc.
Trademark Dispute
32
The two drug names that were the subjects in the case of Zeneca Pharmaceutical and Natrapharm, Inc.
Zynaps and Zynapse
33
A comprehensive roadmap was launched by the Intellectual Property (IP) protection, foster innovation, and drive economic growth
Philippine Intellectual Property Strategy (PHIPS) 2025-2030
34
Under ______________ of the Intellectual Property Code of the Philippines (Republic Act No. 8293), patents may be cancelled on several grounds to ensure that only valid patents confer exclusive rights to their holder
Section 61
35
If copyright laws have been violated, violators could face jail time, anywhere from one to nine years, and fine ranging from
PHP 50,000.00 up to PHP 1,500,000.00
36
When registering for a copyright, you can submit an application, copies of yo ur work and affidavit of authorship to ________________.
Intellectual Property office of the Philippines or the National Library of the Philippines
37
What company sells lifezar?
Therapharma Inc.
38
An angiotensin II receptor blocker used for treating hypertension and congestive heart failure
Losartan
39
In what year was the Republic Act No 165 passed into laws?
1947
40
This law aimed to safeguard business branding and identity, primarily to avoid consumer confusion and eliminate unfair competition
Republic Act No. 166