REPUBLIC ACT 8293

Question 1

When was RA 8293 DECLARED

Answer 1

JULY 22, 1996

Question 2

When was RA 8293 APPROVED

Answer 2

June 6, 1997

Question 3

Recite the enactment clause of ra 8293

Answer 3

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

Question 4

RA 8293 was amended by these 3 laws

Answer 4

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

Question 5

Short title for 8293

Answer 5

“Intellectual
Property Code of the Philippines”.

Question 6

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.

Answer 6

intellectual and industrial

Question 7

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.

Answer 7

market access

Question 8

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.

Answer 8

domestic and creative

Question 9

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.

Answer 9

scientists, inventors, artists and other gifted citizens

Question 10

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.

Answer 10

social function

Question 11

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 ______________

Answer 11

national development
progress

Question 12

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.

Answer 12

diffusion of knowledge and information

Question 13

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.

Answer 13

liberalize

Question 14

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

Answer 14

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).

Question 15

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.

Answer 15

“technology transfer arrangements”

Question 16

How many functions as described in Section 5

Answer 16

7 functions

Question 17

what is described in section 5

Answer 17

FUNCTIONS OF THE INTELLECTUAL PROPERTY OFFICE

Question 18

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)

Answer 18

custody
with the Office

Question 19

Who heads the IPO according to section 6

Answer 19

1X DIRECTOR GENERAL
2X DEPUTIES DIRECTOR GENERAL

Question 20

The IPO is divided into 7 offices, namely

Answer 20

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.

Question 21

What is decribed in Section 7 of the act

Answer 21

DIRECTOR GENERAL AND DEPUTIES DIRECTOR GENERAL

Question 22

How many functions of the Director and Deputies Director general

Answer 22

5

Question 23

Age requirements for DG and DDG

Answer 23

At least 35 Y.O.

Question 24

Term length for the DG

Answer 24

5 years + eligible for 1 reappointment

first Director general had 7 years

Question 25

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

Answer 25

200,000 pesos

Question 26

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

Answer 26

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

Question 27

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.

Answer 27

PATENTABLE INVENTIONS

Question 28

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

Answer 28

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)

Question 29

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

Answer 29

novelty

Question 30

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

Answer 30

PRIOR ART

Question 31

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.

Answer 31

twelve (12) months not prejudice the applicant

Question 32

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.

Answer 32

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

Question 33

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

Answer 33

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

Question 34

What is described in Section 29 of RA 8293

Answer 34

First to File Rule

Question 35

Section 32 describes the 5 contents of an application. Enumerate

Answer 35

(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.

Question 36

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.

Answer 36

one (1) or more claims

Question 37

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.

Answer 37

eighteen ( 18) months

Question 38

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

Answer 38

6 months withdrawn

Question 39

Applicant has ___________________ from publication to request substantive examination

Answer 39

6 months

Question 40

Patent term is _____________ from filing date.

Answer 40

20 years

Question 41

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

Answer 41

Annual fees must be paid

Question 42

_______________ can inspect published applications and submit observations.

Answer 42

Third parties

Question 43

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

Answer 43

new inventions

Question 44

3 GROUNDS FOR CANCELLATION OF A PATENT

Answer 44

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

Question 45

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 _________________________________.

Answer 45

infringement

Question 46

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.

Answer 46

patented product

Question 47

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

Answer 47

four years

Question 48

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

Answer 48

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

Question 49

Section 84 mentions fines of

Answer 49

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

Question 50

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

Answer 50

CHAPTER 9, VOLUNTARY LICENSING SECTION 85

Question 51

The government can grant a license to use a patented invention without the patent owner's permission in specific situations What Licensing is this

Answer 51

Compulsory Licensing

Question 52

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

Answer 52

inherited, assigned, or licensed.

Question 53

What is PATENT BUT LITE MODE

Answer 53

Utility Model

Question 54

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

Answer 54

FALSE. YOU CAN

Question 55

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

Answer 55

True

Question 56

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).

Answer 56

industrial design

Question 57

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

Answer 57

5 years two 15 years tota

Question 58

A utility model lasts for

Answer 58

7 years with no renewal

Question 59

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

Answer 59

thirty (30) days

Question 60

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

Answer 60

10 years, with 1 renewal

Question 61

Criminal Penalties on trademark (imprisonment and fines)

Answer 61

2-5 years 50k - 200k pesos

Question 62

Administrative penalties on trademark (fines)

Answer 62

5K-150K

Question 63

________________is the natural person who has created the work;

Answer 63

"Author"

Question 64

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;

Answer 64

"collective work"

Question 65

_________ 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;

Answer 65

"communicate to the public"

Question 66

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;

Answer 66

"computer"

Question 67

___________ 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;

Answer 67

"Public lending"

Question 68

_____________, 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

Answer 68

"Public performance"

Question 69

_________ 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

Answer 69

"Published works"

Question 70

__________ 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;

Answer 70

"Rental"

Question 71

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

Answer 71

"Reproduction"

Question 72

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

Answer 72

"work of applied art"

Question 73

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.

Answer 73

"work of the Government of the Philippines"

Question 74

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

Answer 74

LITERARY AND ARTISTIC WORKS

Question 75

(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.

Answer 75

FALSE

Question 76

PENALTIES FOR COPYRIGHT INFRINGEMENT 1ST OFFENSE

Answer 76

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

Question 77

PENALTIES FOR COPYRIGHT INFRINGEMENT 2nd OFFENSE

Answer 77

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

Question 78

PENALTIES FOR COPYRIGHT INFRINGEMENT 3RD and subsequent offense

Answer 78

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

Question 79

Effectivity date of the Intellectual property code of the philippines

Answer 79

1 JANUARY 1998