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SHEESH my own > REPUBLIC ACT 8293 > Flashcards

REPUBLIC ACT 8293 Flashcards

1
Q

When was RA 8293 DECLARED

A

JULY 22, 1996

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2
Q

When was RA 8293 APPROVED

A

June 6, 1997

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3
Q

Recite the enactment clause of ra 8293

A

AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE
AND ESTABLISHING THE INTELLECTUAL PROPERTY
OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS,
AND FOR OTHER PURPOSES

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4
Q

RA 8293 was amended by these 3 laws

A

Republic Act No. 9150
Republic Act No. 9502
Republic Act. No. 10372

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5
Q

Short title for 8293

A

“Intellectual
Property Code of the Philippines”.

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6
Q

SEC. 2. Declaration of State Policy. - The State recognizes that an
effective _______ and _________l property system is vital to the
development of domestic and creative activity, facilitates transfer of
technology, attracts foreign investments, and ensures market access for
our products.

A

intellectual and industrial

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7
Q

SEC. 2. Declaration of State Policy. - The State recognizes that an
effective intellectual and industrial property system is vital to the
development of domestic and creative activity, facilitates transfer of
technology, attracts foreign investments, and ensures _____________ for
our products.

A

market access

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8
Q

SEC. 2. Declaration of State Policy. - The State recognizes that an
effective intellectual and industrial property system is vital to the
development of ________ and ____________ activity, facilitates transfer of
technology, attracts foreign investments, and ensures market access for
our products.

A

domestic and creative

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9
Q

SEC 2. It shall protect and secure the exclusive rights of 4 entities to their intellectual property and creations, particularly when beneficial to the people, for such periods as
provided in this Act.

A

scientists, inventors, artists and other gifted citizens

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10
Q

The use of intellectual property bears a _______________. To this end, the
State shall promote the diffusion of knowledge and information for the
promotion of national development and progress and the common good.

A

social function

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11
Q

The use of intellectual property bears a social function. To this end, the
State shall promote the diffusion of knowledge and information for the
promotion of _________________ and ______________

A

national development
progress

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12
Q

The use of intellectual property bears a _______________. To this end, the
State shall promote the ______________________________ for the
promotion of national development and progress and the common good.

A

diffusion of knowledge and information

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13
Q

It is also the policy of the State to streamline administrative procedures
of registering patents, trademarks and copyright, to __________________the
registration on the transfer of technology, and to enhance the enforcement
of intellectual property rights in the Philippines.

A

liberalize

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14
Q

The 7 types of intellectual property rights as defined by Section 4

A

a) Copyright and Related Rights;
b) Trademarks and Service Marks;
c) Geographic Indications;
d) Industrial Designs;
e) Patents;
f) Layout-Designs (Topographies) of Integrated Circuits; and
g) Protection of Undisclosed Information (n, TRIPS).

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15
Q

The term____________________________refers to contracts
or agreements involving the transfer of systematic knowledge for the
manufacture of a product, the application of a process, or rendering of a
service including management contracts; and the transfer, assignment or
licensing of all forms of intellectual property rights, including licensing of
computer software except computer software developed for mass market.

A

“technology transfer arrangements”

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16
Q

How many functions as described in Section 5

A

7 functions

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17
Q

what is described in section 5

A

FUNCTIONS OF THE INTELLECTUAL PROPERTY OFFICE

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18
Q

5.2 The Office shall have _____________of all records, books, drawings,
specifications, documents, and other papers and things relating to
intellectual property rights applications filed ___________________. (n)

A

custody
with the Office

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19
Q

Who heads the IPO according to section 6

A

1X DIRECTOR GENERAL
2X DEPUTIES DIRECTOR GENERAL

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20
Q

The IPO is divided into 7 offices, namely

A

a) The Bureau of Patents;
b) The Bureau of Trademarks;
c) The Bureau of Legal Affairs;
d) The Documentation, Information and Technology Transfer Bureau;
e) The Management Information System and EDP Bureau;
f) The Administrative, Financial and Personnel Services Bureau
g) The Bureau of Copyright and Other Related Rights.

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21
Q

What is decribed in Section 7 of the act

A

DIRECTOR GENERAL AND DEPUTIES DIRECTOR GENERAL

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22
Q

How many functions of the Director and Deputies Director general

A

5

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23
Q

Age requirements for DG and DDG

A

At least 35 Y.O.

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24
Q

Term length for the DG

A

5 years + eligible for 1 reappointment

first Director general had 7 years

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25
Q

AS described in section 10, the Bureau of Legal Affairs shall punish a violation with a fine of at least

A

200,000 pesos

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26
Q

Recite at least 2 administrative penalties that may be imposed by the Bureau of legal affairs

A

Cease and desist orders

Voluntary assurances of compliance

Product condemnation or seizure

Forfeiture of equipment and property used in the offense

Administrative fines

Suspension or cancellation of IP registrations

Withholding of permits or licenses

Damage assessment

Censure

Other relevant penalties

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27
Q

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. It may be,
or may relate to, a product, or process, or an improvement of any of the
foregoing.

A

PATENTABLE INVENTIONS

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28
Q

Section 22, non-patentable inventions
THE FOLLOWING 6 SHALL BE EXCLUDED FROM PATENT PROTECTION

A

Discoveries, not inventions (22.1)
Abstract ideas & methods (22.2)
Medical treatments (22.3)
Plants/animals (mostly) (22.4)
Artistic creations (22.5)
Immoral inventions (22.6)

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29
Q

An invention shall not be considered new if it forms part of a prior art means that it is NOT UNDER ________

A

novelty

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30
Q

Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention or published Philippine patent applications filed earlier

A

PRIOR ART

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31
Q

Section 25 Non-Prejudicial disclosure
The disclosure of information contained in the application during the________________ preceding the filing date or the priority date of the application shall _____________________ on the ground of lack of novelty for a number of conditions.

A

twelve (12) months
not prejudice the applicant

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32
Q

Section 28. Right to a Patent. - The right to a patent belongs to the (3 ENTITIES). When____________________ have jointly made an invention, the right to a patent shall belong to them jointly.

A

inventor, his heirs, or assigns
two (2) or more persons

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33
Q

Section 25 holds true if the undisclosed information came from these 3 channels

A
  1. The inventor themself
  2. A patent office mistake (disclosing from inventor’s confidential application or from a third party who got the information from the inventor without their consent)
  3. A third party who learned about the invention from the inventory
34
Q

What is described in Section 29 of RA 8293

A

First to File Rule

35
Q

Section 32 describes the 5 contents of an application. Enumerate

A

(a) A request for the grant of a patent;

(b) A description of the invention;

(c) Drawings necessary for the understanding of the invention;

(d) One or more claims; and

(e) An abstract.

36
Q

Section 36. The Claims. - 36.1. The application shall contain ____________________ which shall define the matter for which protection is sought. Each claim shall be clear and concise, and shall be supported by the description.

A

one (1) or more claims

37
Q

Section 44. Publication of Patent Application. - 44.1. The patent application shall be published in the IPO Gazette together with a search document established by or on behalf of the Office citing any documents that reflect prior art, after the expiration of _____________________ from the filing date or priority date.

A

eighteen ( 18) months

38
Q

Without a request for examination within ______________, the application is _________.

A

6 months
withdrawn

39
Q

Applicant has ___________________ from publication to request substantive examination

A

6 months

40
Q

Patent term is _____________ from filing date.

A

20 years

41
Q

___________________ to maintain the patent application or granted patent, with a grace period for late payment.

A

Annual fees must be paid

42
Q

_______________ can inspect published applications and submit observations.

A

Third parties

43
Q

Applicant can amend the application during examination, but ________________ cannot be added.

A

new inventions

44
Q

3 GROUNDS FOR CANCELLATION OF A PATENT

A

THE INVENTION IS NOT NEW OR PATENTABLE
THE INVENTION HAS NO CLARITY EVEN TO AN EXPERT
THE INVENTION IS IMMORAL

45
Q

Making, using, selling, importing, or offering for sale a patented product (or a product made from a patented process) without permission from the patent owner is considered _________________________________.

A

infringement

46
Q

Making, using, selling, importing, or offering for sale a _______________ (or a product made from a patented process) without permission from the patent owner is considered infringement.

A

patented product

47
Q

Patent owners cannot recover damages for infringement that happened more than ___________

A

four years

48
Q

Section 84 states that Upon conviction, they can face imprisonment for ____________but ________

A

not less than six (6) months but not more than three (3) years.

49
Q

Section 84 mentions fines of

A

not less that 100k pesos
not more than 300k pesos

50
Q

What chapter and section has this goal
“The goal is to promote technology transfer and prevent abuse of intellectual property rights.”

A

CHAPTER 9, VOLUNTARY LICENSING
SECTION 85

51
Q

The government can grant a license to use a patented invention without the patent owner’s permission in specific situations

What Licensing is this

A

Compulsory Licensing

52
Q

Patent rights are treated like other forms of property and can be __________, _______, or ____________

A

inherited, assigned, or licensed.

53
Q

What is PATENT BUT LITE MODE

A

Utility Model

54
Q

You cannot convert a patent application into a utility model application and vice versa before it is granted or rejected. T OR F

A

FALSE. YOU CAN

55
Q

The converted application keeps the original filing date. T OR F

A

True

56
Q

An ________________ is the visual appearance of a product, like the shape, lines, or colors. It can be two-dimensional (on a flat surface) or three-dimensional (a whole product).

A

industrial design

57
Q

An industrial design registration lasts for _______ , with the option to renew for_______ more 5-year terms (up to __________).

A

5 years
two
15 years tota

58
Q

A utility model lasts for

A

7 years with no renewal

59
Q

Opposition. - Any person who believes that he would be damaged by the registration of a mark may, upon payment of the required fee and within ________________ after the publication

A

thirty (30) days

60
Q

trademarks in the Philippines have a validity of _________ from the date of registration

A

10 years, with 1 renewal

61
Q

Criminal Penalties on trademark (imprisonment and fines)

A

2-5 years
50k - 200k pesos

62
Q

Administrative penalties on trademark (fines)

A

5K-150K

63
Q

________________is the natural person who has created the work;

A

“Author”

64
Q

A __________ is a work which has been created by two (2) 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;

A

“collective work”

65
Q

_________ means the making of a work 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;

A

“communicate to the public”

66
Q

A _______is an electronic or similar device having information-processing capabilities, and a “computer program” is a set of instructions expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium that the computer can read, of causing the computer to perform or achieve a particular task or result;

A

“computer”

67
Q

___________ is the transfer of possession of the original or a copy of a work or sound recording for a limited period, for non-profit purposes, by an institution the services of which are available to the public, such as public library or archive;

A

“Public lending”

68
Q

_____________, in the case of a work other than an audiovisual work, is the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process; in the case of an audiovisual work, the showing of its images in sequence and the making of the sounds accompanying it audible

A

“Public performance”

69
Q

_________ means works, which, with the consent of the authors, are 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

A

“Published works”

70
Q

__________ is the transfer of the possession of the original or a copy of a work or a sound recording for a limited period of time, for profit-making purposes;

A

“Rental”

71
Q

______________is the making of one (1) or more copies of a work or a sound recording in any manner or form

A

“Reproduction”

72
Q

A _______________is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale;

A

“work of applied art”

73
Q

A ________________is a work created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities, including government-owned or controlled corporations as a part of his regularly prescribed official duties.

A

“work of the Government of the Philippines”

74
Q

What is described in Part 4, chapter 2 section 172 in RA 8293

A

LITERARY AND ARTISTIC WORKS

75
Q

(t or f) copyright can be transferred or assigned in whole or in part, but not granting the assignee the same rights as the original owner within the scope of the assignment.

A

FALSE

76
Q

PENALTIES FOR COPYRIGHT INFRINGEMENT
1ST OFFENSE

A

1-3 YEARS IMPRISONMENT
50K - 150K FINES FOR

77
Q

PENALTIES FOR COPYRIGHT INFRINGEMENT
2nd OFFENSE

A

3yrs, 1day - 6years
150k - 500k fines

78
Q

PENALTIES FOR COPYRIGHT INFRINGEMENT
3RD and subsequent offense

A

6YEARS, 1 DAY - 9 YEARS
500K - 1.5 MILLION PESOS

79
Q

Effectivity date of the Intellectual property code of the philippines

A

1 JANUARY 1998

80
Q
A

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