IPL

Question 1

Intangible assets resulting from the creative work of an individual or organization

Answer 1

Intellectual property

Question 2

Creations of the mind, such as:

Answer 2

➤Inventions;
➤Literary and artistic works;
➤Symbols, names, images and designs used in commerce.

Question 3

The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law

Question 4

Coverage of intellectual property rights

Answer 4

1. Copyright and Related Rights;
2. Trademarks and Service Marks;
3. Geographic indications;
4. Industrial designs;
5. Patents;
6. Layout designs (Topographies) of Integrated Circuits;
7. Protection of Undisclosed Information (TRIPS).

Question 5

Subject of the right

Answer 5

Copyright
- Literary, scientific or artistic work

Patent
- New, useful and industrially applicable inventions

Trademark
- Goods manufactured or produced

Question 6

Where right is to be registered

Answer 6

Copyright
- National Library

Patent
- Intellectual Property office

Trademark
- Intellectual Property office

Question 7

Protection starts

Answer 7

Copyright
- Creation

Patent
- Application

Trademark
- Issuance of COR

Question 8

Duration of right

Answer 8

Copyright
- Lifetime of the author + generally 50 yrs after death of author

Patent
- 20 years

Trademark
- 10 years

Question 9

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.

Answer 9

Patentable Inventions

Question 10

A patent can be availed of by an “inventor”

Question 11

It may be, or may relate to, a product, or process, or an improvement of any of the foregoing. But it does not include the following:

Answer 11

1. Discoveries,

2.Scientific methods theories and mathematical

3.In the case of drugs and medicines
> the mere discovery of a new form or new property of a known substance which does not result in the enhancement of the known efficacy of that substance
> the mere discovery of any new property or new use for a known substance
> the mere use of a known process unless such known process results in a new product that employs at least one new reactant

4. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;
5. 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;

6. Plant varieties or animal breeds or essentially biological processes for the production of plants or animals. This provision shall not apply to micro- organisms and non biological and microbiological processes
7. Aesthetic creations; and
8. Anything which is contrary to public order or morality

Question 12

THREE-FOLD PURPOSE OF PATENT LAW

Answer 12

1. To foster inventions

2.To promote disclosure of those inventions

3.In order for these inventions to be available for public domain

Question 13

BASIC PATENT PRINCIPLES

Answer 13

1. TERRITORIAL - patents are only valid in the country or region in which they have been granted

2.FIRST-TO-FILE - applicant who files first will get the patent

3.DISCLOSURE - applicant shall disclose the invention in a manner sufficiently clear and complete

4.CONDITIONAL - patents are granted only upon compliance with the criteria of patentability

5.LIMITED RIGHTS

Question 14

REQUISITES OF PATENTABILITY

Answer 14

Three conditions for an invention to be deemed patentable:

1. Novelty - In the IP Code, an invention is not considered new if it already forms part of the domain of prior art.

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.Industrial Applicability - An invention that can be produced and used in any industry is considered industrially applicable.

Question 15

Non-prejudicial disclosure:

Answer 15

The disclosure of information contained in the application during the twelve (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 was made by:

1. The inventor;

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; or

3.A third party which obtained the information directly or indirectly from the inventor

Question 16

RIGHTS CONFERRED BY THE PATENTS

Exclusive Rights to:

Answer 16

Exclusive Rights to:

> If subject matter is a PRODUCT to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing that product;

> If subject matter is a PROCESS to restrain, prevent or prohibit any unauthorized person or entity from using the process, and from manufacturing, dealing in, using, selling or offering for sale, or importing any product obtained directly or indirectly from such process

Question 17

Patent owners shall also have the right to:

Answer 17

1. Assign, or transfer by succession the patent

2.To conclude licensing contracts for the same.
- The right to a patent belongs to the inventor, his heirs, or assigns.

1. When two (2) or more persons have jointly made an invention, the right to a patent shall belong to them jointly.

2.First to File Rule: if two or more persons separately made the same invention, priority is given to one who filed first.

Question 18

PATENT REGISTRATION AND APPLICATION
(next slides)

Question 19

Where to Register:

Answer 19

Agency: The Intellectual Property Office of the Philippines (IPOPHL), specifically the Bureau of Patents.

Location: Taguig City, Metro Manila.

Online Filing: Available through the IPOPHL online portal at ipophil.gov.ph/online-filing.

Recommendation: Seek assistance from an expert in patent registration due to the technical complexities.

Question 20

Procedure:

Answer 20

1. Filing the Application: Submit the required documents and information.

2.Examination for Formal Requirements: The examiner checks compliance with formalities.

3.Substantive Examination: The examiner conducts a detailed examination and may issue a Substantive Examination Report if there are objections.

4. Responding to Objections: Applicants must respond to and overcome any objections raised.
5. Notice of Allowability: Issued if the application meets all requirements.
6. Payment of Fees: Issuance and second publication fees must be paid.
7. Issuance of Letters Patent: Upon successful completion of the process.

Question 21

Timeline:

Answer 21

Duration: Approximately 3 to 4 years from filing to registration.

Patent Term: 20 years from the filing date

Question 22

Maintenance:

Answer 22

Annuity Payments: Required to maintain the patent’s validity. Payments start after four years from the application’s publication and continue annually on each subsequent anniversary.

Question 23

PATENT APPLICATION BY PERSONS NOT HAVING THE RIGHT TO A PATENT

Section 67 of the Intellectual Property Code of the Philippines deals with situations where a person who is not initially recognized as having the right to a patent is later determined by a final court order or decision to have such right.

Here’s a breakdown of the options available to such a person within three months after the decision becomes final:

Answer 23

1. Prosecute the Application as Own Application
   > The person can proceed with the existing patent application as if it were their own, taking over the role of the original applicant.

2.File a New Patent Application
> Alternatively, they can choose to file a completely new patent application for the same invention.

3.Request Refusal of the Application
> They may request that the existing patent application be refused, effectively ending the processing of that application.

4.Seek Cancellation of an Issued Patent
> If a patent has already been granted based on the original application, they can seek its cancellation.

Question 24

Also known as the doctrine of first sale, it provides that the patent holder has control of the first sale of his invention. He has the opportunity to receive the full consideration for his Invention from his sale. Hence, he exhausts his rights in the future control of his invention.

When a patent owner sells/commercializes his invention, from the time that he sells/introduces your product to the public/market, ALL of his rights to control the distribution and the sale of his invention is already exhausted. Anyone can already resell your invention.

The assumption is that you already receive all the royalties and consideration during the first sale

Answer 24

DOCTRINE OF EXHAUSTION

Question 25

facture, sale, or importation of a patented invention without the permission of the patent holder.

Answer 25

Patent Infringement

Question 26

Patent infringement occurs when someone, without authorization, performs any of the following acts with respect to a patented invention:

Answer 26

1. Making: Producing, manufacturing, or creating a product that falls under the claims of a patented invention. 2.Using: Utilizing the patented invention, whether in its original form or adapted in some way. 3.Selling: Offering for sale, selling, or distributing products or processes that are covered by the patent. 4.Importing: Bringing into the Philippines products that embody the patented invention, without the patent holder's permission.

Question 27

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

Answer 27

Mark

Question 28

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 and services of different enterprises which use the sign under the control of the registered owner

Answer 28

Collective Mark

Question 29

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

Answer 29

Rights Conferred

Question 30

Certificate of Registration is a prima facie evidence of:

Answer 30

1. Validity of registration 2.Ownership of the mark by the registrant 3.Exclusive right of the registrant to use the same in connection with the goods or services and those that are related thereto

Question 31

The certificate of registration of a trademark shall be?

Answer 31

Ten (10) years from the filing date of application provided the registrant shall file a declaration of actual use within a year from the 5th anniversary of registration date

Question 32

This is renewable for another 10 yrs

Answer 32

Trademark

Question 33

The filing date of an application shall be the date on which the office received the following indications and elements in English or Filipino:

Answer 33

a. An express or implicit indication that the registration of a mark is sought; b. Indications sufficient to contact the applicant or his representative, if any; c. Indications sufficient to contact the applicant or his representative, if any; d. A reproduction of the mark where registration is sought; and e. The list of the goods or services for which the registration is sought.

Question 34

NO filing date shall be accorded until the required fee is paid

Question 35

Procedure for Registration (Next slides)

Question 36

1. Examination to determine whether the application satisfies the requirements for the grant of a filing date.

Question 37

2.Examination to determine whether the application meets the requirements of Sec. 124 and the mark is registrable under Sec. 123.

Question 38

3.Denial of the application or amendment thereof or publication of the application;

Question 39

4.Opposition to the application; notice; hearing; decision by examiner; appeal to the Director of Bureau of Trademarks; appeal to the IPO Director General; appeal to the CA;

Question 40

5.Issuance of Certificate of registration

Question 41

6.Publication in the IPO Gazette of the fact of registration

Question 42

DOCTRINE OF SECONDARY MEANING

Answer 42

While a generic, indicative or descriptive mark will, as a general rule, be denied registration, there is a circumstance that will allow it to be registered. Under the doctrine of secondary meaning, when a mark has become distinctive of the applicant's gods in commerce and, in the mind of the public, indicates a single source of consumers, it may be registered. Ex: Common words but will have different meaning because it is build with brand name, people would recognize it more than just a word but as brand

Question 43

NON-REGISTRABLE TRADEMARKS, TRADE NAMES AND SERVICE MARK (Next slides)

Question 44

a. Consists of:

Answer 44

(1) immoral, deceptive or scandalous matter (2) matter which may disparage or (3) falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute.

Question 45

(2) matter which may disparage

Question 46

(3) falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute.

Question 47

Consists in seeking out the main, essential or dominant features of a mark.

Answer 47

Dominancy Test

Question 48

c. Consists of:

Answer 48

1) name, portrait or signature identifying a particular living individual except by his written consent, or (2) name, signature, or portrait of a deceased President of the Philippines, during the life of his widow, if any, except by written consent of the widow.

Question 49

d. Is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date, in respect of:

Answer 49

(1) the same goods or services; (2) or closely related goods or services; (3) or if it nearly resembles such a mark as to be likely to deceive or cause confusion.

Question 50

e. Is identical with, or confusingly similar to, or constitutes a translation of a mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, whether or not it is registered here, as being already the mark of a person other than the applicant for registration, and used for identical or similar goods or services: provided, that in determining whether a mark is well-known, account shall be taken of the knowledge of the relevant sector of the public, rather than of the public at large, including knowledge in the Philippines which has been obtained as a result of the promotion of the mark;

Question 51

f. Is identical with, or confusingly similar to, or constitutes a translation of a mark considered well- known in accordance with the preceding paragraph, which is registered in the Philippines with respect to goods or services which are not similar to those with respect to which registration is applied for: provided, that use of the mark in relation to those goods or services would indicate a connection between those goods or services, and the owner of the registered trademark: Provided further that the interests of the owner of the registered mark are likely to be damaged by such use;

Question 52

g. Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services;

Question 53

h. Consists exclusively of signs that are generic for the goods or services that they seek to identify

Question 54

i. Consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in a bonafide and established trade practice;

Question 55

j. Consists exclusively of signs or indications that may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of the services, or other characteristics of the goods or services;

Question 56

k. Consists of shapes that may be necessitated by technical factors or by the nature of the goods themselves or factors that affect their intrinsic value;

Question 57

m. Is contrary to public order or morality

Question 58

WHAT CONSTITUTES AN INFRINGEMENT (NeXT Slide)

Question 59

Any person who shall, without the consent of the owner of the registered mark:

Answer 59

> Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the- i. Sale ii. Offering for sale iii. Distribution iv. 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

Question 60

> Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant feature thereof and 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 the- i. Sale ii. Offering for sale iii. Distribution iv. 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

Question 61

TEST OF TRADEMARK INFRINGEMENT

Question 62

Consists in seeking out the main, essential or dominant features of a mark.

Answer 62

Dominancy Test

Question 63

Takes stock of the other features of a mark, taking into consideration the entirety of the marks.

Answer 63

Holistic Test

Question 64

REMEDIES AGAINST INFRINGEMENT A civil, criminal or administrative case may be filed against a trademark infringer.

Question 65

For Criminal Action:

Answer 65

Imprisonment of 2-5 years Fine ranging from P50,000 to P200,000.

Question 66

For Civil Action

Answer 66

Either the reasonable profit that the IP owner would have made, had the infringer not infringed his rights, The profit that the infringer actually received from the infringement

Question 67

For Administrative Action

Answer 67

Issuance of cease and desist order Fines ranging from P5,000 to P150,000. Additional fine up to P1,000 for each day of continuing violation Cancellation for withholding of any permit, license, or registration granted or being secured from the IPO Assessment of damages Censure Other analogous penalties or sanctions.

Question 68

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, or services for those of the one having established such goodwill, or who shall commit any acts calculated to produce said result, shall be guilty of?

Answer 68

Unfair competition

Question 69

Unauthorized use a registered trademark

Answer 69

Infringement of Trademarks

Question 70

Passing off of one's goods as those of another merchant

Answer 70

Unfair Competition

Question 71

Requirement of Fraudulent Intent for: Infringement Unfair Competition

Answer 71

Infringement > Fraudulent intent is unnecessary Unfair Competition > Fraudulent intent is essential

Question 72

Requirement of Prior Registration: Infringement Unfair Competition

Answer 72

Infringement > GR: Prior registration of the trademark is a prerequisite to the action. XPN: Well-known marks Unfair Competition > Registration is not necessary

Question 73

Class of goods involved: Infringement Unfair Competition

Answer 73

Infringement > The goods must be of similar class Unfair Competition > The goods need not be of the same class.

Question 74

Is a right over literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of creation.

Answer 74

Copyright

Question 75

Duration of Copyright

Answer 75

Lifetime of the Author: Plus 50 years after their death. Pseudonymous Works: 50 years following the date of the first publication.

Question 76

Requirements for Copyright

Answer 76

Originality: must be created by the author's own skill, labor and judgment without directly copying or evasively imitating the work of another. Expression: must be embodied in a medium sufficiently permanent or stable to permit it to be perceived, reproduced or communicated for a period more than a transitory duration.

Question 77

PRINCIPLE OF AUTOMATIC PROTECTION

Answer 77

Works are protected by the sole fact of their creation irrespective of their content, quality, or purpose. Such rights are conferred from the moment of creation.

Question 78

Jose Santos wrote a poem. When it was copied into a song without his consent, does he had the right to file against the composer?

Answer 78

Yes, he had the right to file injunction proceedings against the composer and publisher due to automatic copyright protection.

Question 79

General Rule of Copyright

Answer 79

General Rule: That the copyright is distinct from the property in the material object subject to it.

Question 80

Transfer of Copyright: The transfer or assignment of the copyright shall not itself constitute a transfer of the material object. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work imply transfer or assignment of the copyright.

Answer 80

Illustration: Felix's painting of the EDSA revolution is protected, but the scene itself is not, allowing others to create similar works without violating Felix's copyright.

Question 81

COPYRIGHTABLE WORKS

Question 82

A. Literary and Artistic Works

Question 83

1. Books, pamphlets, articles and other writings,

Question 84

2.Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;

Question 85

3.Letters

Question 86

4.Dramatic, choreographic works;

Question 87

5.Musical compositions

Question 88

6.Works of art

Question 89

7.Periodicals and newspapers;

Question 90

8.Works relative to geography, topography, architecture or science

Question 91

9.Works of applied art

Question 92

10.Works of a scientific or technical character

Question 93

11.Photographic works

Question 94

12.Audiovisual works and cinematographic work

Question 95

13.Pictorial illustrations and advertisements

Question 96

14.Computer programs

Question 97

15.Other literary, scholarly, scientific and artistic works

Question 98

B. Derivative Works

Question 99

1. Dramatizations, translations, adaptations, abridgements, arrangements, and other alterations of literary or artistic works

Question 100

2.Collections of literary, scholarly, or artistic works and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. Derivative works shall be protected as new works, provided that such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof or be construed to imply any right to such use of the original works, or to secure or extend copyright in such original works.

Question 101

NON-COPYRIGHTABLE WORKS

Question 102

Idea, Procedure, System, Method, Operation, Concept, Principle, Discovery, Or Mere Data

Question 103

News Of The Day

Question 104

Any Official Text Of A Legislative, Administrative Or Legal Nature

Question 105

Pleadings

Question 106

Decisions Of Courts And Tribunals

Question 107

Tv Programs, Format Of Tv Programs

Question 108

Systems Of Bookkeeping

Question 109

Statutes

Question 110

RIGHTS OF A COPYRIGHT OWNER

Answer 110

the person whose name is indicated as the author of a work is assumed to be the author, even if a pseudonym is used, as long as the pseudonym clearly identifies them; similarly, the person or organization named on an audiovisual work is assumed to be its creator, unless proven otherwise

Question 111

A. Economic Rights

Answer 111

the right to authorize or prevent the ff. acts: 1. Reproduction of the work or its substantial portion 2. Derivative work 3. First distribution of the original and each copy 4. Rental right 5. Public display 6. Public performance 7. Other communication to the public

Question 112

B. Moral Rights

Answer 112

1. Reproduction of the work or its substantial portion 3. First distribution of the original and each copy 2. Derivative work 4. Rental right

Question 113

C. Droit de Suite or “art proceeds right"

Answer 113

The artist's resale right ensures that a percentage of the resale price of an artwork is paid to the author even after the author's death, as long as the work is still under copyright. For every sale or lease of an original painting, sculpture, or manuscript after the author's initial sale, the author or their heirs are entitled to 5% of the sale or lease proceeds

Question 115

RULES ON OWNERSHIP OF COPYRIGHT

Question 116

Original Literary and artistic works

Answer 116

Author of the work

Question 117

Joint authorship

Answer 117

In joint authorship, co-authors' rights are governed by co-ownership rules unless otherwise agreed. If the work consists of separable parts, each author owns the copyright to their respective part.

Question 118

Audiovisual work

Answer 118

Generally, the producer, scenario author, music composer, film director, and adapted work author hold the copyright. Unless otherwise agreed, the producer manages the copyright for exhibition purposes but cannot collect performing license fees for musical compositions included in the work.

Question 119

Anonymous and pseudonymous (fake name or made up name) work

Answer 119

Publishers represent authors of articles and writings published anonymously or under pseudonyms unless the author's identity is clear or disclosed.

Question 120

LIMITATIONS ON COPYRIGHT

Question 121

A. Reciting or performing a work in private or for free, or for charitable/religious purposes, is not a copyright infringement once the work is publicly accessible

Question 122

B. Quoting from a published work is allowed if it follows fair use, is justified, and properly credits the source and author

Question 123

C. Mass media can communicate articles on public topics (political, social, economic, etc.) for informational purposes if the source is clearly indicated

Question 124

D. Reproducing and communicating literary, scientific, or artistic works in reports of current events (e.g., music at a sports event) is permitted

Question 125

E. Including a work in a publication or broadcast for teaching purposes is allowed if it follows fair use and credits the source and author

Question 126

F. Educational institutions can record a broadcasted work for educational use but must delete it within a reasonable time

Question 127

G. Broadcasting organizations can make temporary recordings for their own broadcasts

Question 128

H. Government, National Library, or educational/scientific institutions can use a work for public interest purposes if it follows fair use.

Question 129

I. Public performance or communication of a work is allowed if no admission fee is charged, and it's for charitable or educational purposes.

Question 130

J. Public display of a work or a copy is allowed if it's been published, sold, or given away, provided it's done through posters, walls, or boards.

Question 131

K. Using a work for judicial proceedings or professional legal advice is not a copyright infringement.

Question 132

L. Reproducing or distributing works in a specialized format for the blind or visually impaired is allowed on a nonprofit basis.

Question 133

Allows use of copyrighted works for criticism, comment, news reporting, teaching, scholarship, and research without requiring permission.

Answer 133

Fair Use

Question 134

Considerations for Fair Use

Answer 134

1. Purpose and character of the use (e.g., commercial or educational). 2.Nature of the copyrighted work. 3.Amount and substantiality of the portion used. 4.Effect on the market value of the work.

Question 135

RULES ON OWNERSHIP OF COPYRIGHT

Question 136

Commissioned work

Answer 136

The person who commissioned the work owns it, but the copyright remains with the creator unless otherwise agreed in writing.

Question 137

Collective work

Answer 137

Authors contributing to a collective work waive their right to attribution unless they explicitly reserve it.

Question 138

In the course of employment

Answer 138

The employee owns the copyright if the work is created outside their regular duties, even if employer resources are used. The employer owns the copyright if the work is part of the employee's regular duties, unless otherwise agreed.

Question 139

Letters

Answer 139

The writer holds the copyright to letters, subject to Article 7236 of the Civil Code

Question 140

Unauthorized use of copyrighted material, affecting the market value or depriving the owner of their rights.

Answer 140

COPYRIGHT INFRINGEMENT

Question 141

Copying must produce an ? to be considered infringement.

Answer 141

injurious effect

Question 142

Ignorance of the copyrighted status is not a defense

Question 143

Unauthorized performance of rights granted to the copyright owner is?

Answer 143

Infringement

Question 144

Acts of Infringement

Answer 144

1. Directly committing infringement. 2.Benefiting from another's infringing activity with knowledge and control. 3.Inducing, causing, or contributing to infringement with knowledge

Question 145

Company A owns the trademark for "Sunshine Snacks," a well-established brand of chips sold primarily in Manila, Philippines. Company B, a new startup, opens a snack shop in Cebu named "Sunny Bites." While both companies sell snack products, Company B's products are focused on healthier alternatives and different packaging designs. Company A believes that "Sunny Bites" infringes on their trademark and considers legal action. Is there trademark infringement in the scenario?

Answer 145

No, because the names, logos, and branding are distinct, and the businesses operate in different cities. The names "Sunshine Snacks" and "Sunny Bites" are somewhat similar but not identical. The logos, packaging, and overall branding of the two companies are distinct. The businesses operate in different geographical locations (Manila and Cebu), which can reduce the likelihood of consumer confusion. There is no evidence presented that consumers are likely to confuse "Sunny Bites" with "Sunshine Snacks" based on the distinct branding and different market presence. Therefore, Company B (Sunny Bites) is less likely to be found liable for trademark infringement in this scenario because the conditions for confusion between the two brands are not met.

Question 146

Trademark infringement occurs when there is a likelihood of confusion among consumers due to similarities between the marks

Question 147

Carrie opens a small coffee shop named "Grounds" in a small town in Baguio City, Philippines. Charlie owns a large commercial landscaping business also named "Grounds," located in Metro Manila. Charlie's company has been operating for six years, while Carrie's business is brand new. Neither Carrie nor Charlie has registered the name "Grounds" as a trademark in the Philippines. When Charlie searches online for his company, he discovers Carrie's small business and decides to take legal action against her for trademark infringement. QUESTION: What is the likely result?

Answer 147

Carrie will win this suit because Charlie can't prove that he owns a legal and protected mark. Trademark rights are primarily based on use rather than registration. Since neither Carrie nor Charlie has registered the name "Grounds" as a trademark, the rights to the mark would typically go to the party who first uses it in commerce. In this case, Carrie's coffee shop in Baguio City and Charlie's landscaping business in Metro Manila operate in different locations and likely cater to different markets or industries (coffee vs. landscaping), reducing the likelihood of consumer confusion. Charlie cannot claim exclusive rights to the name "Grounds" without a registered trademark, especially since Carrie started using the name independently and there is no evidence of consumer confusion or intentional infringement. Therefore, Carrie would likely prevail in the lawsuit because Charlie cannot prove ownership of a legally protected trademark.

Question 148

XYZ Pharmaceuticals develops a new formulation for a widely used pain relief medication and secures a patent for their innovative method of drug delivery. They begin marketing the product under the brand name "PainEase." Unbeknownst to XYZ Pharmaceuticals, another company, ABC Pharma, starts producing and selling a similar pain relief medication using a nearly identical drug delivery method. Question: Can XYZ Pharmaceuticals take legal action against ABC Pharma for patent infringement, even if ABC Pharma didn't know about XYZ's patent?

Answer 148

Yes, XYZ Pharmaceuticals can still take legal action against ABC Pharma for patent infringement, even if ABC Pharma was unaware of the existence of XYZ's patent. Patent infringement occurs when someone uses, makes, sells, or imports a patented invention without authorization from the patent holder. Intent or knowledge of the patent's existence is not necessarily a requirement for infringement. To protect their intellectual property, patent holders like XYZ Pharmaceuticals must actively monitor the market for potential infringers and take appropriate legal steps to enforce their rights if infringement is suspected or identified.

Question 149

Dr. Maria Santos, a researcher at a leading biotechnology firm in the Philippines, developed a groundbreaking method for synthesizing a rare medicinal compound. Initially, her colleague, Dr. John Cruz, filed a patent application for the invention under his name without acknowledging Dr. Santos's contribution. After a lengthy legal battle, the court issued a final decision recognizing Dr. Santos as the rightful owner of the invention. The decision became final on April 1, 2024. Question What are the options available to Dr. Maria Santos within three months after the court's decision became final, according to Section 67 of the Intellectual Property Code of the Philippines?

Answer 149

Prosecute the Application as Own Application File a New Patent Application Request Refusal of the Application Seek Cancellation of an Issued Patent Dr. Santos must decide on one of these options by July 1, 2024, which marks three months after the court's decision became final. Each option has distinct implications for the management and protection of her intellectual property rights.