RA 8293 Intellectual Property Code of the Philippines

True/False: The elements of a patent are novelty, inventive step, and industrial applicability.

Answer: True

True/False: When two (2) or more personas have jointly made an invention, the right to a patent shall belong to them separately.

Answer: False

True/False: The right to patent belongs to the inventor, his heirs, or assigns.

Answer: True

True/False: Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers are patentable inventions that are included in patent protection.

Answer: False

True/False: The contents of application for patent includes the following: a request for the grant of a patent, a description of the invention, drawings necessary for the understanding of the invention, one or more claims, and an abstract.

Answer: True

True/False: In case of public non-commercial use of the patent by the patentee, without satisfactory reason, the Intellectual Property Office may grant a license to exploit a patented invention, even without the agreement of the patent owner, in favor of any person who has shown his capability to exploit the invention.

Answer: True

True/False: In the case of compulsory licensing of patents involving semi-conductor technology, the license may not be granted in case of public non-commercial use or to remedy a practice determined after judicial or administrative process to be anti-competitive.

Answer: False

True/False: The petition for compulsory licensing must be in writing verified by the petitioner and accompanied by payment of the required filing fee.

Answer: True

True/False: There is no way to amend the decision granting the compulsory license.

Answer: False

True/False: An applicant may file 2 applications for the same subject, one for utility model registration and the other for the grant of a patent whether simultaneously or consecutively.

Answer: False

True/False: No filing date shall be accorded until the required fee is paid.

Answer: True

True/False: Where goods and/or services belonging to several classes of the Nice Classification have been included in three (3) applications, such an application shall result in one registration.

Answer: False

True/False: 1. The Office shall accept the following if a signature is required:

a. A hand-written signature

b. The use digital signature

Answer: False

True/False: Any person who believes that he would be damaged by the registration of a mark may, upon payment of the required fee and within 30 days, file with the Office an opposition to the application.

Answer: True

True/False: An application for registration of a mark filed in the Philippines shall be considered as filed as of the day the application was first filed in the foreign country.

Answer: True

True/False: Unfair Competition is the passing off of one's goods as those of another.

Answer: True

True/False: The holistic test requires the court to consider the entirety of the marks as applied to the products, including the labels and packaging, in determining confusing similarity.

Answer: True

True/False: The Intellectual Property Office (IPO) may accept as prima facie evidence that the mark has become distinctive, proof of substantially exclusive and continuous use thereof by the applicant in commerce in the Philippines for 10 years before the date on which the claim of distinctiveness is made.

Answer: False

True/False: Any person who believes that he would be damaged by the registration of a mark may file with the IPO an opposition to the application.

Answer: True

True/False: Non-use of a mark may be excused if caused by circumstances arising independently of the will of the trademark owner. Lack of funds shall excuse non-use of a mark.

Answer: False

True/False: Letters and other privately communications in writing are owned by the person to whom they are addressed and delivered, but they cannot be published or disseminated, without the consent of the writer, or his heirs.

Answer: True

True/False: Copyrights shall subsist in any work of the Government of the Philippines.

Answer: False

True/False: In the case of anonymous and Pseudonymous Works, publishers shall be deemed to represent the authors of articles and other writings published without the names of the authors or under pseudonyms. No exceptions.

Answer: False

True/False: The copyright is distinct from the property in the material object subject to it.

Answer: True

True/False: Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original.

Answer: True

True/False: In an infringement action, the court have no power to order the seizure and impounding of any article which may serve as evidence in the court proceedings.

Answer: False

True/False: In determining the number of years of imprisonment and the amount of fine, the court shall consider the value of the infringing materials that the defendant has produced or manufactured and the damage that the copyright owner has suffered by reason of the infringement.

Answer: True

True/False: An author cannot be compelled to perform his contract to create a work or for the publication of his work already in existence.

Answer: True

True/False: In every sale and lease of prints, etchings, or engravings, the author or his heirs have an inalienable right to the proceeds to the extent of 5% for the lifetime of the author and 50 years after his death.

Answer: False

True/False: Once the performer has authorized the broadcasting or fixation of their performance, authorizing the fixation of their unfixed performance are no longer possible.

Answer: True

What is the grant issued by the government to an inventor, designer or maker, the right to exclude others from making, using or selling his invention, design or utility model within the country for a specific term?

a. Copyright

b. Franchise

c. Trademark

d. Patent

Answer: d. Patent

Substantive examination must be done within how many months from the date of first publication?

a. 3 months

b. 6 months

c. 9 months

d. 12 months

Answer: b. 6 months

Repeated infringement by the infringer or by anyone in connivance with him after finality of the judgment of the court against the infringer shall be liable of:

a. imprisonment of 6 months to 3 years and/or a fine of 100,000 to 300,000

b. imprisonment of 6 months to 3 years and/or a fine of 250,000 to 500,000

c. imprisonment of 9 months to 5 years and/or a fine of 100,000 to 300,000

d. imprisonment of 9 months to 5 years and/or a fine of 250,000 to 500,000

Answer: a. imprisonment of 6 months to 3 years and/or a fine of 100,000 to 300,000

How long is the term of a patent from the filing date of the application?

a. 5 years

b. 10 years

c. 20 years

d. 50 years

Answer: c. 20 years

Hannah, an accountant working in ABC Corporation, was able to develop a cure for HIV using the company's resources during her free time. Who owns the patent to the cure?

a. Hannah

b. ABC Corporation

c. Both Hannah and ABC Corporation

d. Neither Hannah nor ABC Corporation

Answer: a. Hannah.

Who may grant a license to exploit a patented invention, even without the agreement of the patent owner, in favor of any person who has shown his capability to exploit the invention?

a. Director General of the Intellectual Property Office

b. Secretary of the Department of Health

c. Deputy Director-General of the Intellectual Property Office

d. Chief of Staff of the Department of Health

Answer: a. Director General of the Intellectual Property Office.

The basic terms and conditions including the rate of royalties of a compulsory license shall be fixed by the Director of Legal Affairs subject to the following conditions EXCEPT:

a. The license shall be non-exclusive

b. The license may be terminated upon proper showing that circumstances which led to its grant have ceased to exist and are unlikely to recur: Provided, that adequate protection shall be afforded to the illegitimate interest of the licensee

c. The scope and duration of such license shall be limited to the purpose for which it was authorized

d. The license shall be non-assignable, except with that part of the enterprise or business with which the invention is being exploited

Answer: b. The license may be terminated upon proper showing that circumstances which led to its grant have ceased to exist and are unlikely to recur: Provided, that adequate protection shall be afforded to the illegitimate interest of the licensee.

Upon the request of the patentee, the said Director may cancel the compulsory license to the following circumstances except:

a. If the ground for the grant of the compulsory license no longer exists and is unlikely to recur

b. If the licensee has neither begun to supply the domestic market nor made serious preparation therefor

c. If the licensee has not complied with the prescribed terms of the license

d. All are considered

Answer: d. All are considered.

The petition for compulsory licensing shall contain the following except:

a. the name of the patentee

b. the relief prayed for

c. the number and date of issue of the patent in connection with which compulsory license is sought

d. All are required to be on the petition

Answer: d. All are required to be on the petition

A utility model registration shall expire, without any possibility of renewal, at what period?

a. at the end of the 8th year after the date of the filing of the application

b. at the end of the 8th year at the date of the filing of the application

c. at the end of the 7th year after the date of the filing of the application

d. at the end of the 7th year at the date of the filing of the application

Answer: c. at the end of the 7th year after the date of the filing of the application

This is any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods.

a. Mark

b. Collective Mark

c. Trade Name

d. Trademark

Answer: a. Mark

It is used to describe the apparent nature of something upon initial observation.

a. Prima face

b. Primo face

c. Prima facie

d. Primo facie

Answer: c. Prima facie

The name or designation identifying or distinguishing an enterprise.

a. Mark

b. Collective Mark

c. Trade Name

d. Trademark

Answer: c. Trade Name

It means 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 or services of different enterprises which use the sign under the control of the registered owner of the collective mark.

a. Mark

b. Collective Mark

c. Trade Name

d. Trademark

Answer: b. Collective Mark

Which of the following is not a part of the marks that cannot be registered?

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

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

c. 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

d. Does not consist 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

Answer: d. Does not consist 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

A mark cannot be registered if it:

a. Consists of immoral, deceptive, or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living ir 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 any 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. All of the above

Answer: d. All of the above

Any person who shall, without the consent of the owner of the registered mark 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 sale, offering for sale, distribution, advertising of any goods or services.

a. Infringement of trademark

b. Copyrighting of trademark

c. Patenting of trademark

d. Unfair competition of trademark

Answer: a. Infringement of trademark

Confusing similarity is to be determined not only on the visual but also on the aural and connotative comparisons and overall impressions between the two trademarks.

a. Holistic Test

b. Dominancy Test

c. Totality Test

d. Comprehensive Test

Answer: b. Dominancy Test

What is the penalty for those deemed guilty of Unfair Competition?

a. Imprisonment of 5-10 years

b. Fine of P50,000 to P200,000

c. Imprisonment of 5-10 years and Fine of P50,000 to P200,000

d. Imprisonment of 2-5 years and Fine of P50,000 to P200,000

Answer: d. Imprisonment of 2-5 years and Fine of P50,000 to P200,000

The following "article of imported merchandise" shall not be admitted to entry at any customhouse of the Philippines EXCEPT:

a. copy or simulate the name of any domestic product, or manufacturer, or dealer

b. copy or simulate a mark registered in accordance with the provisions of this Act

c. bear a mark or trade name calculated to induce the public to believe that the article is manufactured in the Philippines, or that it is manufactured in any foreign country or locality other than the country or locality where it is in fact manufactured

d. None of the above

Answer: d. None of the above

The following persons acquire ownership by intellectual creation. Which is wrong?

a. The author with regard to his literary dramatic, historical, legal, philosophical, scientific, or other work

b. The composer, as to his musical composition

c. The painter, sculptor, or other artist, with respect to the product of his art

All are correct.

Answer: d. All are correct

No protection shall extend to the following, except:

a) Any idea, Procedure, System method or operation, Concept, Principle, and Discovery

b) Mere data as such, even if they are expressed, explained, illustrated or embodied in a work

c) Literary and derivative works

d) News of the day and other miscellaneous facts having the character of mere items of press information

Answer: c. Literary and derivative works

Which of the following is wrong about the ownership of copyright?

a. In the case of original literary and artistic works, copyright shall belong to the author of the work.

b. In the case of works of joint authorship, the 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.

c. In the case of a work commissioned by a person and who pays for it and the work is made in pursuance of the commission the person who so commissioned the work shall have ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary.

d. In respect of letters, the copyright shall belong to the receiver.

Answer: d) In respect of letters, the copyright shall belong to the receiver

Which of the following is correct about the rights of Assignee or Licensee?

a. The copyright may be assigned or licensed in whole only.

b. The assignee or licensee is entitled to only some of the rights and remedies which the assignor or licensor had with respect to the copyright

c. The copyright is deemed assigned or licensed inter vivos, in whole or in part, unless there is a written indication of such intention.

d. Any exclusivity in the economic rights in a work may be exclusively licensed

Answer: d. Any exclusivity in the economic rights in a work may be exclusively licensed

Which of the following is wrong about the factors to consider in fair use of a copyrighted work?

a. The purpose and character of the use, not including whether such use is of a commercial nature or is for non-profit educational purposes

b. The nature of the copyrighted work

c. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

d. The effect of the use upon the potential market for or value of the copyrighted work.

Answer: a. The purpose and character of the use, not including whether such use is of a commercial nature or is for non-profit educational purposes

Which of the following is a right NOT granted to the author of the work?

a. To make any alterations of his work prior to, or to withhold it from publication

b. To object to any derogatory action in relation to his work which would be prejudicial to his honor or reputation

c. To restrain the use of his name with respect to any work not of his own creation or in a distorted version of his work

d. None of the above

Answer: d. None of the above

For the second offense of infringing any right or aiding or abetting such infringement shall be guilty of?

a. Imprisonment of 1 - 5 years + Fine of 50,000php - 200,000php

b. Imprisonment of 3 - 6 years + Fine of 150,000php - 500,000php

c. Imprisonment of 2 - 6 years + Fine of 100,000php - 300,000php

d. Imprisonment of 5 years + Fine of 100,000php - 200,000php

Answer: b. Imprisonment of 3 - 6 years + Fine of 150,000php - 500,000php.

Which of the following is stated in an affidavit made before a notary public by or on behalf of the owner of the copyright in any work?

a. At the time specified therein, copyright subsisted in the work or other subject matter

b. He or the person named therein is the owner of the copyright

c. Type of work or other subject matter copyrighted

d. The copy of the work or other subject matter annexed thereto is a true copy thereof

Answer: c. Type of work or other subject matter copyrighted

The rights of performers and sound recorders shall not apply when the acts are related to

a. The use by a natural person exclusively for his own personal purposes

b. Using short excerpts for reporting current events

c. Use solely for the purpose of teaching or for scientific research

d. All of the above

Answer: d. All of the above

Which of the following is incorrect in relation to the term of protection of the following:

I. Copyrighted works - during the life of the author and 50 years after his death

II. Works of applied arts - 50 years from the date of making

III. Photographic works - 50 years from publication, if unpublished 25 years from the year of making

a. I and II

b. I and III

c. II and III

d. I, II, and III

Answer: c. II and III.