RFBT - INTELLECTUAL PROPERTY CODE Flashcards
What is a Patentable Invention?
Patentable Invention is 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, PROCESS, or an IMPROVEMENT OF ANY OF THE FOREGOING.
What inventions are Non-Patentable?
The following shall be excluded from patent protection:
- ) Discoveries, scientific theories and mathematical methods
- ) Schemes, rules, and methods of performing mental acts, playing games or doing business, and programs for computers
- ) Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body.
- ) Plant varieties or animal breeds or essentially biological processes for the production of plants or animals. THIS PROVISION DOES NOT APPLY TO MICROORGANISMS and NON-BIOLOGICAL AND MICROBIOLOGICAL PROCESSES.
- ) Aesthetic creations
- ) Anything which is contrary to public order or morality
If an invention forms part of a prior art, can it be considered new?
No.
What consists “Prior arts” as mentioned in the Intellectual Property Code?
Prior arts consists of:
- ) 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
- ) The whole contents of an application for a patent, utility, model or industrial design registration published in accordance with the act.
To whom does the right to a patent belong to?
It belongs to the INVENTOR, his heirs or assigns.
When 2 or more persons have jointly made an invention, the right to a patent shall belong to them JOINTLY.
What happens when two or more persons have made the invention separately and independently of each other?
The right to a patent shall belong to the person WHO FILED AN APPLICATION FOR SUCH INVENTION,
What happens when two or more persons have made the invention separately and independently of each other and both have filed for a patent?
The right to a patent shall belong to the person WHO HAS THE EARLIEST FILING DATE OR THE EARLIEST PRIORITY DATE.
What are the rules when inventions are created pursuant to a commission?
- ) The person who commissions the work shall own the patent, UNLESS provided in the contract.
- ) In case the employee made the invention IN THE COURSE OF HIS EMPLOYMENT CONTRACT, the patent shall belong to:
a. ) THE EMPLOYEE - if the INVENTIVE ACTIVITY IS NOT PART OF HIS REGULAR DUTIES even though the employer paid for the time/facilities/materials.
b. ) THE EMPLOYER - if the INVENTION IS THE RESULT OF THE PERFORMANCE OF HIS REGULARLY ASSIGNED DUTIES, UNLESS there is an agreement to the contrary.
What are the rights conferred by a patent?
A patent shall confer on its owner the following exclusive rights:
a. ) If patent is for a PRODUCT - to restrain/prohibit/prevent any unauthorized person or entity from making/using/offering for sale/selling/importing such product
b. ) If patent is for a PROCESS - to restrain/prohibit/prevent any unauthorized person or entity from using the process and from manufacturing/dealing in/using/selling/offering for sale/importing any product obtained directly or indirectly from the process.
c. ) The right to ASSIGN/TRANSFER BY SUCCESSION the patent and to conclude licensing contracts for the same.
What is a Mark?
Mark means any visible sign capable of distinguishing the goods (TRADEMARK) or services (SERVICE MARK) of an enterprise and shall include a STAMPED OR MARKED CONTAINER.
What is a collective mark?
It means any visible sign designated as such in the application for registration and capable of distinguishing the origin of the good/service
What is a Trade name?
It means the name/designation identifying or distinguishing an enterprise.
What is the duration of a Trademark?
The certificate of registration of a trademark/service mark shall remain in force FOR 10 YEARS, provided that the registrant has FILED A DECLARATION OF ACTUAL USE and its actual evidence WITHIN 1 YEAR FROM THE 5TH ANNIVERSARY of the date of the registration of the mark.
What happens if a trademark/service mark holder does not file a declaration of actual use and supporting evidence within the allotted time?
The mark shall be removed from the Register.
A certificate of registration for a mark can be renewed for?
For 10 years, within 6 months before expiration or after 6 months after such expiration upon payment of an additional fee.
What are the rights conferred upon the owner of a registered mark?
- ) Owner shall have the EXCLUSIVE RIGHT to prevent all 3rd parties not having the owner’s consent from using in the course of trade identical or similar signs.
- ) EXCLUSIVE RIGHT of owner EXTENDS TO GOODS AND SERVICES which are not similar to those in respect of which the mark is registered provided that:
a.) Use of the mark would indicate a connection
between those goods/services and the owner
b.) Interests of the owner are likely to be damaged by
such use.
What is a well known mark?
A well known mark 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 locally, whether or not registered here.
What are Literary and Artistic works?
Literary and Artistic works are original intellectual creations in the literary and artistic domain protected from the moment of their creation.
What are the rights granted to the author of works?
- ) Publish his work
- ) Copyright consisting of the right of reproduction of the typographical arrangement of the published edition of the work.
- ) Assign the copyright in whole or in part.
What are the Copyright ownership rules?
1.) Single author - belongs to the author
- ) Joint/Co-authorship
a. ) Work cannot be used separately - co-authors shall be the original owners of the copyright and IN THE ABSENCE OF AGREEMENT, THEIR RIGHTS SHALL BE GOVERNED BY THE RULES ON CO-OWNERSHIP
b.) Work can be used separately and author of each part can be identified - The author of each part shall be the original owner of the copyright of the part that he has created.
What are the unprotected subject matters under the IPC?
- any idea
- procedure
- system
- method/operation
- concept
- principle
- Discovery of mere data
- news of the day
- other miscellaneous facts having the character of mere items of press information
- any official text of a legislative, administrative, or legal nature, as well as any official translation thereof.
What is the term of a copyright?
The rights of an author shall last during his lifetime and for fifty years after his death AND SHALL NOT BE ASSIGNABLE OR SUBJECT TO LICENSE.
The persons to be charged with posthumous enforcement of these rights SHALL BE NAMED IN WRITING to be filed with the NATIONAL LIBRARY.
In default of such persons, such enforcement shall DEVOLVE UPON EITHER THE AUTHOR’S HEIRS, and upon their default, THE DIRECTOR OF THE NATIONAL LIBRARY.
The “test of dominancy” in Trademarks is a way to determine whether there exists an infringement on a trademark by?
Focusing on the similarity of the prevalent features of the competing marks which might create confusion.
Compulsory Licensing of Inventions which are duly patented may be dispensed with or will be allowed exploitation even without agreement of the patent
owner under certain circumstances, like national emergency, for reason of public interest, like national security, etc. The person who can grant such
authority is -
Director of Legal Affairs of the Intellectual Property Office
Under the Intellectual Property Code, lectures, sermons, addresses or dissertations prepared for oral delivery, whether or not reduced in writing
or other material forms, are regarded as?
Original Works
What marks cannot be registered?
(a) Consists of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
(b) Consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or of any foreign nation, or any simulation thereof;
(c) Consists of a name, portrait, or signature identifying a particular living individual except by his written consent, or the 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;
(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:
(i) The same goods or services, or
(ii) Closely related goods or services, or
(iii) If it nearly resembles such a mark as to be likely to deceive or cause confusion;
(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;
(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 mark: Provided, further, That the interests of the owner of the registered mark are likely to be damaged by such use;
(g) Is likely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or services;
(h) Consists exclusively of signs that are generic for the goods or services that they seek to identify;
(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 bona fide and established trade practice;
(j) Consists exclusively of signs or of 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;
(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;
(l) Consists of color alone, unless defined by a given form; or
(m) Is contrary to public order or morality.
What is a colorable imitation?
It denotes such a close or ingenious imitation as to be calculated to deceive ordinary persons, or such a resemblance to the original as to deceive an ordinary purchaser, giving such attention as a purchaser usually gives and to cause him to purchase the one supposing it to be the other.
What is a generic term?
Those which constitute the common descriptive name of an article or substance, or comprise the genus of which the particular product is a species, or are commonly used as the name or description of a kind of goods (PARACETAMOL)
What is a descriptive term?
It forthwith conveys the characteristics, functions, qualities or ingredients of a product to one who has never seen it and does not know what it is
