11- Intellectual Property Law

It means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic.

a. Collective mark

b. Trade name

c. Collective name

d. Collective trade

a

Generally, how are rights over a mark acquired?

a. Through registration

b. Through continuous use

c. Through prior use

d. Through prescription

a

Which of the following marks can be registered?

a. Marks consisting of a name of a living individual

b. Marks consisting of a name of a living President

c Marks consisting of a name of a deceased President during the life of his widow

d. Marks consisting of a name of a deceased individual during the life of his widow

d

Statement 1: The coat of arms of the Philippines cannot be registered as a trademark

Statement 2: The coat of arms of Malaysia cannot be registered as a trademark in the Philippines

a. Only Statement 1 is true.

b. Only Statement 2 is true.

c. Both statements are true.

d. Both statements are not true.

c

Which of the following is true regarding internationally well-known marks?

a. A mark that is well-known internationally needs to be registered in the Philippines in order to be protected against infringement by identical or similar goods.

b. A mark that is well-known internationally need not be registered in the Philippines in order to be protected against infringement by identical or similar goods.

c. A mark that is well-known internationally need not be registered in the Philippines in order to be protected against infringement by goods regardless of the fact that identity or similarity may not exist .

d. A mark that is well-known internationally needs to be registered in the Philippines in order to be protected against infringement by goods regardless of the fact that identity or similarity may not exist.

b

Which of the following is legally protectable?

I. Generic terms

II. Descriptive terms

III. Arbitrary terms

a. I only.

b. II only.

c. III only.

d. I, II, and I.

c

Under this doctrine, a word or phrase originally incapable of exclusive appropriation with reference to an article in the market, because geographical or otherwise descriptive might nevertheless have been used so long and so exclusively by one producer with reference to this article that, in that trade and to that group of the purchasing public, the word of phrase has come to mean that the article was his produce.

a. Doctrine of Prior and Consistent Use

b. Doctrine of Secondary Meaning

c. Doctrine of Public Reference

d. Doctrine of Trademark Prescription

b

How long does rights to a trademark last?

a. 5 years from registration

b. 10 years from registration

c. 15 years from registration

d. 20 years from registration

b

Lady Gaga filed a trademark application for her diving apparel which she calls "Lady Goggles". Four years after, Lady Gaga discovered that a pertain Lady Garcia is selling diving apparel under the same name, i.e,"Lady Goggles". Lady Gaga filed with the IPO an administrative case for trademark infringement. Lady Garcia contended that Lady Gaga failed to file a Declaration of Actual Use, and therefore, she cannot be sued for trademark infringement. Decide.

a. I will rule in favor of Lady Gaga since the deadline for the filing of the Declaration of Actual Use is five (5) years from the date of registration.

b. I will rule in favor of Lady Gaga since the non-filing of the Declaration of Actual Use does not affect the status of trademark registration but merely gives rise to penalties.

c. I will rule in favor of Lady Garcia since the non-filing of the Declaration of Actual Use within three (3) years from application date

c

Which of the following most accurately describes the dominancy test?

a. Confusing similarity is determined on the prevalent features of the marks.

b. Confusing similarity is determined on the entirety of the marks in question.

c. Confusing similarity is determined only through visual comparisons.

d. Confusing similarity is determined only through aural and connotative comparisons.

a

Statement 1: Fraudulent intent is necessary in order for one to be held liable of trademark infringement.

Statement 2: Fraudulent intent is necessary in order for one to be held liable of unfair competition.

a. Only Statement 1 is true.

b. Only Statement 2 is true.

c. Both statements are true.

d. Both statements are not true.

b

Which of the following is true regarding unfair competition?

a. If a trademark is not registered, then there is no unfair competition

b. To determine whether there is unfair competition, it must bedetermined if there is likelihood of confusion

c. The essence of unfair competition is the act of passing off goods as that of another.

d. Unfair competition may exist even without the sale of the goods whose marks are in issue.

c

What is the effect of the presence of an intent to mislead the public in a case of trademark infringement?

a. No effect. In order for conviction of trademark infringement to lie, there is no need to prove intent to mislead the public.

b. Damages that may be recovered by the trademark owner may be doubled.

c. Aside from injunction, the trademark owner may seek the destruction of infringing materials.

d. There arises a prima facie presumption that the infringer is likewise guilty of unfair competition.

b

Copyright covers:

a. Inventions

b. Literary or artistic works

c. Brands

d. Utility models

b

Which of the following is covered by the protection granted to copyrights?

I. Computer programs

II. Photographic works

III. Musical compositions

a. III only.

b. I and III only.

c. II and III only.

d. I, II, and III.

d

For copyrightable works, when does protection commence?

a. From the moment of creation

b. From the moment of application

c. From the moment of registration with the IPO

d. From the moment of first commercial sale

a

Johann wrote a poem for his girlfriend Yna. Johanna bought a scented parchment paper and wrote the 12-stanza poem by hand. Johann then sent the poem to Yna. Unfortunately, things went sour between Johann and Yna and they eventually broke up. Johann is now seeking to recover the handwritten poem contending that the copyright is his. Can Johann recover the handwritten poem?

a. No. Yna is the owner of the physical manifestation of the poem.

b. No. Yna is the owner of the copyright.

e Yes. Johann is the owner of the physical manifestation of the poem.

d. Yes. Johann is the owner of the copyright.

a

Johann wrote a poem for his girlfriend Yna. Johanna bought a scented parchment paper and wrote the 12-stanza poem by hand. Johann then sent the poem to Yna. Unfortunately, things went sour between Johann and Yna and they eventually broke up. Yna, appreciating the talent Johann poured in writing the poem, sold Johann's poem for profit,Johann got mad, considering that the words were personal. Johann sued Yna for copyright infringement. Is Yna liable for copyright infringement?

a. No. Yna is the owner of the physical manifestation of the poem.

b. No. Yna is the owner of the copyright.

c. Yes. Johann is the owner of the physical manifestation of the poem.

d. Yes. Johann is the owner of the copyright.

d

Kristy received a tip from an anonymous person that the President along with an unidentified woman checked in at a five-star hotel in a prestigious resort town. Kristy called her friend who is living nearby to confirm with the receptionists if there was indeed such booking from the President. The friend confirmed the news. Jobert was able to eavesdrop the phone call between Kristy and her friend, and Jobert also made investigations of his own. Kristy, thinking that it was exclusive, quickly drafted an article and published it in her news site. Jobert followed in a minute with his own article, but complete with photographic evidence which Kristy does not have. Kristy contended that it was her scoop, and Jobert committed copyright infringement. Did Jobert commit copyright infringement?

a. No. Jobert's articles have picture while Kristy's article does not have pictures.

b. No. News of the day is a non-copyrightable work

b

Which of the following is copyrightable?

a. The Pythagorean theorem, which is a formula for the computation of the hypotenuse of a triangle

b. The Kaizen method, a method of business operations

reactions from cells. The discovery was made by Pfizer.

c. The discovery of the COVID-19 vaccine which elicits chemical.

d. A Sunday Afternoon on the Island of La Grande Jatte by Georges Seurat, which famously used pointillism in paintings.

d

Atty.X made a book on Obligations and Contracts. However, readers noticed that 80% of the content is just lifted verbatim from the Civil Code and Supreme Court decisions. Atty. Y, who is working with the government, sued Atty.X for copyright infringement. Is Atty. X guilty of copyright infringement.

A. No. Eighty percent is not considered as substantial reproduction for copyright infringement.

b. Yes. The commercial sale of the books for profit makes Atty. X guilty.

c. No. There can be no copyright infringement from lifting laws and jurisprudence.

d. Yes. The mere reproduction of the books, even without the sale, makes Atty. X liable for copyright infringement.

c

Minda is a receptionist at a hotel. Due to an ongoing pandemic, visitors in the hotel plunged to an all-time low. Thus, Minda had a lot of spare time. While sitting in the front desk, facing the computer installed, she was narrating her experiences as a receptionist whose life is severely affected by the pandemic. She uploaded her stories in her social media accounts, and it went viral. She was able to seal a book deal for her story. The hotel management is now complaining that it should have a part of the proceeds of the book, considering that it should be the owner of the copyright over the book. Is the hotel management correct?

a. Yes. The book was done during Minda's official working hours.

b. No. Writing a book is not part of Minda's regular function.

e. Yes. The book was done using the hotel's computer.

d. No. The hotel is merely a co-owner of the copyright together with Minda.

b

Annie commissioned Louie to paint a portrait of her for a fee. Which of the following statements is correct?

a. Annie owns the painting and the copyright over the painting.

b. Louie owns the painting and the copyright over the painting.

C. Annie owns the painting and Louie owns the copyright over the painting.

d. Louie owns the painting and Annie owns the copyright over the painting.

c

Which of the following does not constitute copyright infringement?

I. The reproduction or distribution of published articles or materials in a specialized format exclusively for the use of the blind, visually and reading-impaired persons on a for-profit basis.

II. Use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner.

a. I only.

b. II only.

c. Both I and II

d. Neither I nor II.

b

All of the following are factors to be considered in determining whetheruse of a copyrighted material falls under fair use, except:

a. The prestige of the author or the specific copyrighted work.

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

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

d. The purpose and character of the use

a

Statement 1: The term of protection over moral rights is fifty (50) years.

Statement 2: The heirs of a copyright owner may fully deprive themselves of the right to participate in the gross proceeds of the sale or lease of a copyrighted work.

a. Only Statement 1 is true.

b. Only Statement 2 is true.

c. Both statements are true.

d. Both statements are not true.

d

Works of applied art has a term of protection of:

a. Ten (10) years

b. Twenty-five (25) years

c. Thirty (30) years

d. Fifty (50) years

b

Which of the following is not a requisite for an invention to be patented?

a. Novelty

b. Inventive Step

c. Oramentality

d. Industrial Applicability

c

Archimedes, through his study, had come up with the formula for the area of circles, which he writes as A=rr², On the other hand, James Naismith invented the game basketball. Assuming that Archimedes and Naismith are both applying for a patent over what they have come up who is entitled to a patent?

a. Archimedes only.

b. Naismith only.

c. Both Archimedes and Naismith.

d. Neither Archimedes nor Naismith.

d

Lex, in his laboratory, invented a microchip with transistors that are just 3nanometers in size, resulting in the fastest microchip ever invented. He tried placing the microchip in a laptop, and it ran faster than expected. He had a tech expert see the laptop, and the tech expert was likewise amazed at the unprecedented performance of the microchip. The tech expert asked for the details of the transistors, which Lex willingly provided. The tech expert then told Mosley of Lex's invention. Seven months later, Lex filed his patent application over the microchip with the Intellectual Property Office. Mosley opposed the application considering that he is already in the making of the patent and that the disclosure to him removed the element of novelty from Lex's microchip. Is Lex entitled to a patent?

a. Yes. The disclosure was made by Lex himself and Mosley who obtained the information directly from Lex.

b. No. The disclo

a

An invention involves an inventive step if, having regard to prior art.

a. It is not replicable by a person skilled in the art.

b. It is not replicable by any person.

c. It is not obvious to a person skilled in the art.

d. It is not obvious to any person

c

Statement 1: If two or more persons separately made the same invention priority is given to one who filed first, notwithstanding the fact that the late filer may have actually invented first.

Statement 2: A patent application need not specifically lay down its claims, i.e., matters for which protection is sought. Otherwise, disclosure of the claims may lead to unnecessary leak of the patented invention.

a. Only Statement 1 is true.

b. Only Statement 2 is true.

c. Both statements are true.

d. Both statements are not true.

d

How long is the term of protection for patents?

a. 10 years

b. 20 years

c. 25 years

d. 50 years

b

Under this doctrine, there is patent infringement if the principle or mode of operation is the same or substantially the same.

a. Literal infringement

b. Substantial infringement

c. Doctrine of operational comparability

d. Doctrine of equivalents

d

Which of the following is not a ground for compulsory licensing?

a. National emergency/circumstances of extreme urgency

b. Invention is not being worked in the Philippines on a commercial scale without satisfactory reasons

c. Competitive use

d. Demand for patented drugs and medicine is not being met to an adequate extent

c