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YOU WILL HAVE ONLY ONE ATTEMPT TO TAKE THIS EXAM; THIRTY (30) MINUTES TO
ANSWER ALL THE QUESTIONS. In Multiple Choice problems, select the BEST
answer. In True or False problems, select True or False. In Multiple
Correct problems, choose ALL the <<<<<<<<<<<<s. In Fill-in-Blank
problems, provide the word answer/s. Make sure you have a stable
internet connection.
Thank you. Your responses have been automatically graded. Here are your
results.
*Score Summary*
(Click on question number to jump to question.)
*points possible*
*Question 1 <#q1>*
correct
5
5
*Question 2 <#q2>*
correct
5
5
*Question 3 <#q3>*
correct
5
5
*Question 4 <#q4>*
correct
5
5
*Question 5 <#q5>*
correct
5
5
*Question 6 <#q6>*
correct
5
5
*Question 7 <#q7>*
correct
5
5
*Question 8 <#q8>*
correct
5
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*Question 9 <#q9>*
correct
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*Question 10 <#q10>*
correct
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*Question 11 <#q11>*
correct
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*Question 12 <#q12>*
correct
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correct
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correct
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correct
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correct
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correct
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correct
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*Question 35 <#q35>*
correct
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*Question 36 <#q36>*
correct
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*Question 37 <#q37>*
incorrect
0
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*Question 41 <#q41>*
correct
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*points earned*
*Question 42 <#q42>*
*Question 43 <#q43>*
*Question 44 <#q44>*
*Question 45 <#q45>*
*Question 46 <#q46>*
*Question 47 <#q47>*
*Question 48 <#q48>*
*Question 49 <#q49>*
*Question 50 <#q50>*
*Score: (94%)*
*235*
incorrect
correct
correct
correct
incorrect
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correct
*250*
0
5
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5
1.
The mark "Selecta", as used for ice cream and dairy products, is:
None of these
*Points earned:* 5 out of 5
2.
In ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No. 103543. July 5,
1993, the Supreme Court ruled that The fact that the words pale
pilsen are part of ABI's trademark does not constitute an
infringement of SMC's trademark xxx. The reason for this is that:
"Pilsen" is a not primarily geographically descriptive word,"
hence, registerable and appropriable by a beer manufacturer.
3.
None of these
*Points earned:* 5 out of 5
4.
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. However,
The copyright in any such work shall not include the right to
control the reconstruction or rehabilitation in the same style as
the original of a building to which the copyright relates. (correct
answer, your response)
The copyright in any such work shall include the right to control
the reconstruction or rehabilitation in the same style as the
original of a building to which the copyright relates.
The copyright in any such work shall last only for twenty-five
None of these.
*Points earned:* 5 out of 5
5.
Ms. Celina Conti applied for registration of the mark consisting of
the logo below:for massage and spa services (Class 42 Miscellaneous
Services). The Coca-Cola Company has existing registrations under
Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34.
Coca-Cola Company will probably oppose the application upon the
ground that:
6.
Under the IP Code, the First-to-File Rule has been adopted for
copyrightable works, trademarks and patents.
True. The use of the mark in a form different from the form in
7.
8.
In SOCIETE DES PRODUITS NESTLE, S.A. and NESTLE PHILIPPINES, INC.,
petitioners, vs. COURT OF APPEALS and CFC CORPORATION, respondents.
[G.R. No. 112012. April 4, 2001], Societe Des Produits Nestle, S.A.,
and Nestle Philippines, Inc. opposed CFCs application for trademark
FLAVOR MASTER claiming that the said trademark is "confusingly
similar to its trademarks for coffee and coffee extracts, to wit:
MASTER ROAST and MASTER BLEND." This issue was resolved by the Court
by using:
The
The
The
The
9.
A mark which is considered by the competent authority of the
10.
11.
12.
13.
a) and b)
14.
In the Ongpin Memorandum, cited by the Supreme Court in Mirpuri v
CA, the Minister of Trade and Industry did enumerated well-known
trademarks and also laid down guidelines for the Director of Patents
to observe in determining whether a trademark is entitled to
protection as a well-known mark in the Philippines under Article
6bis of the Paris Convention.
True
False (<<<<<<<<<<<<, your response)
15.
Berne Convention
Paris Convention (<<<<<<<<<<<<, your response)
TRIPS
Rome Convention
16.
Jessie holds a copyright registration for a Utility Model, Leaf
None of these.
*Points earned:* 5 out of 5
17.
18.
The Dominancy Test, applied in determining confusing similarity in
trademarks, means:
19.
Section 123.3. of the IP Code provides that The nature of the goods
to which the mark is applied will not constitute an obstacle to
registration. (Sec. 4, R. A. No. 166a). This provision means that:
20.
The word "Diamond" and logo, as used for jewellery items made of
cubic zirconium is:
None of these
*Points earned:* 5 out of 5
21.
In Habana versus Robles, G.R. No. 131522. July 19, 1999, technical
considerations and similarity in the background and training of the
contending authors were rejected by the Supreme Court as sufficient
explanation or justification for the similarities in the two works.
This case is authority for the proposition that:
22.
Villafuerte
villafuerte
Luis Villafuerte
luis villafuerte
luis villafuerte sr
*Your response:*
Villafuerte
*Points earned:* 5 out of 5
23.
10
ten
ten (10)
*Your response:*
10
*Points earned:* 5 out of 5
24.
The following are samples of descriptive marks:
25.
True. It is true that such master tapes are object evidence, with
the merit that in this class of evidence the ascertainment of the
controverted fact is made through demonstrations involving the
direct use of the senses of the presiding magistrate. Such auxiliary
procedure, however, does not rule out the use of testimonial or
documentary evidence, depositions, admissions or other classes of
26.
Inquirer Libre
None of these.
*Points earned:* 5 out of 5
27.
In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL
MERCHANDISING and COMPANY, and ANG TIAM CRAY, G.R. No. 115758. March
19, 2002, petitioner who had copyright over Chin Chun Su and Oval
Facial Cream Container/Case (Certificates of Copyright Registration
No. 0-1358 and No. 0-3678) and patent rights on Chin Chun Su &
Device and Chin Chun Su for medicated cream (Registration
Certificate No. 4529 under the Supplemental Register of the
Philippine Patent Office) failed to secure an injunction against
persons who advertised and sold petitioner's cream products under
the brand name Chin Chun Su, in similar containers that petitioner
uses.
The reason for the failure of Khos case was:
The copyright of the treatise does not give to the author the
exclusive right to the art or manufacture described in his work.
28.
29.
was
30.
31.
Utility Model
Invention
Industrial Design
Work of Applied Art
Utility Design
Logo
Trademark (<<<<<<<<<<<<, your response)
Geographical Indications
Lay-out Designs
Trade secret
32.
In PEARL & DEAN (PHIL.), INC., vs. SHOEMART, INCORPORATED, G.R. No.
148222. August 15, 2003, the Supreme Court quoted the US case of
Baker vs. Selden:
xxx
A treatise on the composition and use of medicines, be they old or
new; on the construction and use of ploughs or watches or churns; or
on the mixture and application of colors for painting or dyeing; or
on the mode of drawing lines to produce the effect of perspective,
would be the subject of copyright; but no one would contend that the
copyright of the treatise would give the exclusive right to the art
or manufacture described therein.
xxx
This means that:
33.
In the case of ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No.
103543. July 5, 1993, it was also held that The petitioner's
contention that bottle size, shape and color may not be the
exclusive property of any one beer manufacturer is well taken
(Emphasis supplied). The reason is that, at least in the said case,
SMC' was not the first to use the steinie bottle; hence, SMC
cannot claim a vested right to use it to the exclusion of everyone else.
A and b above.
34.
upon registration
from the moment of creation (<<<<<<<<<<<<, your response)
upon adoption
after examination
none of the above.
35.
A trademark application which consists of the words See Me, Feel
Me and the picture shown has been filed for Intimate Apparel.The
application will most likely be rejected because it:
36.
When may a mark that is identical with, or confusingly similar to,
or constitutes a translation of a mark considered well-known in
Section 123.1, par. e, which is registered in the Philippines, be
registrable?
When the goods or services are not similar to those with respect
to which registration is applied for.
Always registrable
37.
selection (<<<<<<<<<<<<)
coordination (<<<<<<<<<<<<)
arrangement (<<<<<<<<<<<<, your response)
choreography
reproduction
usefulness
visibility
popularity (your response)
38.
Article 6bis of the Paris Convention provides:
(1) The countries of the Union undertake, either administratively if
their legislation so permits, or at the request of an interested
party, to refuse or to cancel the registration and to prohibit the
use, of a trademark which constitutes a reproduction, an imitation,
or a translation, liable to create confusion, of a mark considered
by the competent authority of the country of registration or use to
be well-known in that country as being already the mark of a person
entitled to the benefits of this Convention and used for identical
or similar goods.
The objective of this provision is
To
To
To
To
39.
In Ang versus Teodoro, G.R. No. 48226. December 14, 1942, petitioner
made a frontal sledge-hammer attack on the validity of respondent's
trade- mark "Ang Tibay" by contending that the phrase "Ang Tibay" as
employed by the respondent on the articles manufactured by him is a
descriptive term because, "freely translated in English," it means
"strong, durable lasting." She argued that words or devices which
relate only to the name, quality, or description of the merchandise
cannot be the subject of a trade-mark.
40.
In Masso Hermanos, S.A. vs. Director of Patents, 94 Phil. 136, 139
(1953), it was held that a dealer in shoes cannot register "Leather
Shoes" as his trademark because that would be merely descriptive and
it would be unjust to deprive other dealers in leather shoes of the
right to use the same words with reference to their merchandise. No
one may appropriate generic or descriptive words. They belong to the
public domain (Ong Ai Gui vs. Director of Patents, 96 Phil. 673, 676
[1955]). If Daisy Fuentes applied for a trademark registration for
the mark Daisy Fuentes Ketchup, for tomato ketchup, the
application will most likely be granted because:
41.
Suggestive marks suggest a quality or characteristic of the goods
and services. The following are samples of suggestive marks:
42.
In Abercrombie & Fitch Co. v. Hunting World, Inc., a classification
scheme was adopted by the court to determine the extent of
protection a word mark would be afforded. This trademark strength
spectrum has been recognized in the Philippines. In determining the
level of protection a word mark was afforded, the court considered
the source-identifying quality of the word. The court held that
fanciful, arbitrary and suggestive terms are inherently capable of
source-identification and were thus protected immediately upon use.
Descriptive words alone, upon the other hand, were not independently
capable of identifying the source of goods and were thus not
afforded immediate protection.
43.
Ms. Celina Conti applied for registration of the mark consisting of
the logo below:for massage and spa services (Class 42 Miscellaneous
Services). The Coca-Cola Company has existing registrations under
Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34. The
application will most likely be denied because:
44.
What is a Trademark?
45.
answer,
when
your
when
when
when
46.
None of these.
*Points earned:* 0 out of 5
47.
While visiting Makati City in July, 2006, Anthony Pascual was able
to visit the Ayala Museum and view the original paintings of such an
up and coming painter, Roy Fernando. Anthony happened to carry with
him his Nikon D2xs SLR digital camera with him. He was able to take
great photographs of the paintings. Back home in Naga City, Anthony
decided to print his photographs on T-shirts and peddle them outside
the Penafrancia Shrine during the Fiesta last September. If you were
consulted by Roy Fernando, who was your best friend from high
school, you would recommend filing a copyright infringement
complaint against Anthony on the basis of:
Infringement of Roys' right of reproduction of the work;
(a) or (b)
*Points earned:* 5 out of 5
48.
Trademark rights
Trademark rights
the mark.
Trademark rights
answer, your response)
Trademark rights
49.
Ramon is not entitled to any share having been estranged from his
father.
None of these.
*Points earned:* 5 out of 5
50.
Fifty (50) years from the end of the year in which they took
place. Fifty (50) years from the end of the year in which they took
place. Twenty (20) years from the date they took place.
Thirty (30) years from the end of the year in which they took
place.
Twenty (20) years from the date they took place. (<<<<<<<<<<<<,
your response)
13. The term of protection for works of applied art is: (1 point)
Twenty-five (25) years from the date of making.
15. A trademark application which consists of the word Mike and the
design below has been filed for clothing and shoes. The application
16. While visiting Makati City in July, 2006, Anthony Pascual was able
to visit the Ayala Museum and view the original paintings of such an
up and coming painter, Roy Fernando. Anthony happened to carry with
him his Nikon D2xs SLR digital camera with him. He was able to take
great photographs of the paintings. Back home in Naga City, Anthony
decided to print his photographs on T-shirts and peddle them outside
the Penafrancia Shrine during the Fiesta last September. If you were
consulted by Roy Fernando, who was your best friend from high
school, you would recommend filing a copyright infringement
complaint against Anthony on the basis of:
(1 point)
(a) and (b)
17. By originality is meant that the material was not copied, and
evidences at least minimal creativity; that it was independently
created by the author and that it possesses at least same minimal
degree of creativity. Originality is a requirement of (1 point)
Copyright protection
21. When I turn 64, I plan on inviting all my of my friends from six
decades to a giant party where food and wine will flow as never
before. There will be dancing, games and merry-making. It will be a
night never to be forgotten. Before the evening shall end, I plan to
distribute my autobiography, a book bound in soft calf leather with
gold-edged pages, entitled "It's My Life, Idiot!" If you are
brilliant, you will open the book and you will find that NOT A WORD
IS WRITTEN ON ANY OF THE PAGES. (It's my life, idiot!) As an IP
student, what do you ask yourself: "Is this guy crazy?" or "Is he
saying his life is empty?" or "Is his autobiography protected by
copyright?" What is your best answer to your last question? (1 point)
No, because while he has and is living his life, his story has yet
to be told.
29. In Ang versus Teodoro, G.R. No. 48226. December 14, 1942, petitioner
made a frontal sledge-hammer attack on the validity of respondent's
trade- mark "Ang Tibay" by contending that the phrase "Ang Tibay" as
employed by the respondent on the articles manufactured by him is a
descriptive term because, "freely translated in English," it means
"strong, durable lasting." She argued that words or devices which
relate only to the name, quality, or description of the merchandise
cannot be the subject of a trade-mark.
(1 point)
This argument was sustained by the Court, further holding that n
inquiry into the etymology and meaning of the Tagalog words "Ang
Tibay," shows that the phrase is never used adjectively to define or
describe an object.
30. Yvonne is the school director/adviser of the San Beda College High
School drama club. The play she selected for the celebration of the
School Foundation Day was a not-so-known play which she thought
would showcase the talent of her young actors and actresses.
Unfortunately, the writer of the play who happened to be Yvonnes
suitor whom Yvonne rejected ten years ago was unwilling to grant a
license to the play for high school productions. Yvonnes best
argument for avoiding liability for copyright infringement on the
part of San Beda College if she decided to go ahead and use the
material from the play, WITHOUT THE WRITERS CONSENT, is: (1 point)
The public performance of a work, in a place where no admission fee
is charged, by an institution for educational purpose only, whose
aim is not profit making does not constitute copyright infringement;
31. In PEARL & DEAN (PHIL.), INC., vs. SHOEMART, INCORPORATED, G.R. No.
148222. August 15, 2003, the Supreme Court quoted the US case of
Baker vs. Selden:
xxx
A treatise on the composition and use of medicines, be they old or
new; on the construction and use of ploughs or watches or churns; or
on the mixture and application of colors for painting or dyeing; or
on the mode of drawing lines to produce the effect of perspective,
would be the subject of copyright; but no one would contend that the
copyright of the treatise would give the exclusive right to the art
or manufacture described therein.
xxx
36. In Masso Hermanos, S.A. vs. Director of Patents, 94 Phil. 136, 139
(1953), it was held that a dealer in shoes cannot register "Leather
Shoes" as his trademark because that would be merely descriptive and
38. Which does not belong? The following shall be excluded from patent
protection:
(1 point)
Laparoscopic machine for cholecystectomy.
39. 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 has the effect of preventing the registration of a mark that
is identical with, or confusingly similar to, or constitutes a
translation of the first mark when used for identical or similar
goods or services. (1 point)
False
40. The mark "Selecta", as used for ice cream and dairy products, is:
(1 point)
Registrable because it has been invented for the sole purpose of
functioning as a trRegistrable because ademark and have no other
meaning than acting as a mark.
45. A patent application for a drug, Buntigon, that cures AIDS, filed by
Felix Pormento, a neo-scientist, has been granted a filing date of
July 5, 2007. It was published on February 20, 2010. It was
subsequently granted, after substantive examination, a patent. Said
grant was published in the IPO Gazette on July 5, 2013. Pormento
learned that Ramon Claveria made, produced, offered for sale and
sold a drug similar to Buntigon in or about November 2010. As of
October 23, 2013, (1 point)
Pormento can file a patent infringement case because the infringing
acts occurred in November, 2010.
46. In the case of ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No.
103543. July 5, 1993, it was also held that The petitioner's
contention that bottle size, shape and color may not be the
exclusive property of any one beer manufacturer is well taken
(Emphasis supplied). The reason is that, at least in the said case,
(1 point)
Being of functional or common use, and not the exclusive invention
of any one, it is available to all who might need to use it within
the industry.
1.
In Habana versus Robles, G.R. No. 131522. July 19, 1999, technical
considerations and similarity in the background and training of the
contending authors were rejected by the Supreme Court as sufficient
explanation or justification for the similarities in the two works.
This case is authority for the proposition that:
2.
In ABS-CBN BROADCASTING CORPORATION, Petitioner, versus PHILIPPINE
MULTI-MEDIA SYSTEM, INC., et al., Respondents., G.R. No. 175769-70,
2009 Jan 19, 3rd Division, it was held that Copyright is not
absolute. It means that:
The end of making society benefit from the creation of its men
and women of talent and genius is the essence of real property laws,
and it explains why certain products of ingenuity are concealed from
the public and are outside the pale of protection afforded by the law.
None of these.
*Points earned:* 5 out of 5
3.
Under the IP Code, the First-to-File Rule has been adopted for
copyrightable works, trademarks and patents.
True. The use of the mark in a form different from the form in
which it is registered, which does not alter its distinctive
character, shall not be ground for cancellation or removal of the
mark and shall not diminish the protection granted to the mark.
*Points earned:* 5 out of 5
4.
procedure.
5.
The term of protection for performances not incorporated in
recordings is:
Fifty (50) years from the end of the year in which they took
place. Fifty (50) years from the end of the year in which they took
place. Twenty (20) years from the date they took place. (<<<<<<<<<<<<)
Thirty (30) years from the end of the year in which they took
place.
6.
Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he
bequeathed his Memoirs, consisting of one thousand hand-written
pages, recounting his adventures of a lifetime to his mistress,
Lolita. However, during his heyday, he entered into a Publication
Agreement with Garbage Publications whereby, during his lifetime
and ten years after his death, he assigned all his rights to his
Memoirs to the latter. After Senor Lauro was buried, Lolita hired
you as counsel and sought your legal advice on the feasibility of
demanding from Garbage Publications the royalties owing to Senor
Lauro, since Lolita is now the owner of the Memoirs. You will advise
Lolita that:
None of these.
*Points earned:* 5 out of 5
7.
8.
answer,
9.
10.
HOW MAY AN AFFIDAVIT EVIDENCE HELP A COPYRIGHT OWNER IN AN ACTION
FOR INFRINGEMENT?
It creates a prima facie presumption that the copyright to the
work is subsisting and that it is being infringed.
A and B above.
11.
In FILIPINO SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, INC.,
plaintiff-appellant, vs. BENJAMIN TAN, defendant-appellee. In G.R.
No. L-36402. March 16, 1987.], it was held that "If the rights
under the copyright are infringed only by a performance where money
is taken at the door, they are very imperfectly protected.
Performances not different in kind from those of the defendants
could be given that might compete with and even destroy the success
of the monopoly that the law intends the plaintiffs to have. It is
enough to say that there is no need to construe the statute so
narrowly. The defendants' performances are not eleemosynary. Xxx
Eleemosynary means:
12.
A copyright certificate is a prima facie evidence of originality.
This means that:
13.
True. It is true that such master tapes are object evidence, with
the merit that in this class of evidence the ascertainment of the
controverted fact is made through demonstrations involving the
direct use of the senses of the presiding magistrate. Such auxiliary
procedure, however, does not rule out the use of testimonial or
documentary evidence, depositions, admissions or other classes of
evidence tending to prove the factum probandum.
14.
15.
Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he
bequeathed his Memoirs, consisting of one thousand hand-written
pages, recounting his adventures of a lifetime to his mistress,
Lolita. However, during his heyday, he entered into a Publication
Agreement with Garbage Publications whereby, during his lifetime
and ten years after his death, he assigned all his rights to his
Memoirs to the latter. Lolita decided to sell the manuscript to a
secret collector for US$10,000,000.00 in a much-publicized
transaction. Ramon, an estranged son of Senor Lauro, heard about it.
He wrote Lolita a demand letter asking for half of the gross
proceeds of the sale. Lolita approached you for advice.
Ramon is not entitled to any share having been estranged from his
father.
None of these.
*Points earned:* 5 out of 5
16.
17.
The term of protection for sound or image and sound recordings and
for performances incorporated therein is:
Fifty (50) years from the end of the year in which they took
place. (<<<<<<<<<<<<, your response)
Thirty (30) years from the end of the year in which they took
place.
18.
19.
To immediately sue for copyright infringement of his book, The
Secret of Beauty.
20.
In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL
MERCHANDISING and COMPANY, and ANG TIAM CRAY, G.R. No. 115758. March
19, 2002, petitioner who had copyright over Chin Chun Su and Oval
Facial Cream Container/Case (Certificates of Copyright Registration
No. 0-1358 and No. 0-3678) and patent rights on Chin Chun Su &
Device and Chin Chun Su for medicated cream (Registration
Certificate No. 4529 under the Supplemental Register of the
Philippine Patent Office) failed to secure an injunction against
persons who advertised and sold petitioner's cream products under
the brand name Chin Chun Su, in similar containers that petitioner
uses.
The reason for the failure of Khos case was:
The copyright of the treatise does not give to the author the
exclusive right to the art or manufacture described in his work.
6. The term of a patent shall be years from the filing date of the
application. (Sec. 21, R. A. No. 165a)
(1 point)
20
7. What is a Geographic Indication (1 point)
Indications that identify a good as originating in the territory of
a country or a region or locality in the territory, where a given
quality, reputation, or other characteristic of the good is
essentially attributable to its geographical origin. Patents, in
many jurisdictions, refer to titles granted to inventions only. In
the Philippines, patent had been used in its generic sense, to
include titles to inventions, utility models and industrial designs.
10. Frederick Perez wrote and published The Secret of Beauty, a book
on how to be a successful hairstylist. Frederick Lopez, an aspiring
hair cutter, saw the book at National Book Store and bought a copy.
He took pains to study the different styles and strokes described by
Frederick Perez in his book. Soon, applying the techniques he
learned, Frederick Lopez became a much sought-after hairstylist. He
always would say that what he is and what he knows, he learned from
the book of Frederick Perez. Hearing these words, Frederick Perez
felt he has been cheated by Frederick Lopez.
To relax because no copyright infringement has been committed by
Frederick Lopez.
11. In Masso Hermanos, S.A. vs. Director of Patents, 94 Phil. 136, 139
(1953), it was held that a dealer in shoes cannot register "Leather
Shoes" as his trademark because that would be merely descriptive and
it would be unjust to deprive other dealers in leather shoes of the
right to use the same words with reference to their merchandise. No
one may appropriate generic or descriptive words. They belong to the
public domain (Ong Ai Gui vs. Director of Patents, 96 Phil. 673, 676
[1955]). If Daisy Fuentes applied for a trademark registration for
the mark Daisy Fuentes Ketchup, for tomato ketchup, the
application will most likely be granted because: (1 point)
It consists of her name and she presumably has consented to the use
thereof.
13. By originality is meant that the material was not copied, and
evidences at least minimal creativity; that it was independently
created by the author and that it possesses at least same minimal
degree of creativity. Originality is a requirement of (1 point)
Copyright protection
14. Which does not belong? The following shall be excluded from patent
protection:
(1 point)
Laparoscopic machine for cholecystectomy.
16. Under the IP Code, the First-to-File Rule has been adopted for
copyrightable works, trademarks and patents. (1 point)
False. Copyright accrues from the moment of creation.
24. The mark "Selecta", as used for ice cream and dairy products, is:
(1 point)
Registrable because it has been invented for the sole purpose of
functioning as a trRegistrable because ademark and have no other
meaning than acting as a mark.
26. Ms. Celina Conti applied for registration of the mark consisting of
the logo below:for massage and spa services (Class 42 Miscellaneous
Services). The Coca-Cola Company has existing registrations under
Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34.
Coca-Cola Company will probably oppose the application upon the
ground that:
(1 point)
It is identical with, or confusingly similar to, or constitutes a
translation of a mark considered well-known, 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.
27. While visiting Makati City in July, 2006, Anthony Pascual was able
to visit the Ayala Museum and view the original paintings of such an
up and coming painter, Roy Fernando. Anthony happened to carry with
him his Nikon D2xs SLR digital camera with him. He was able to take
great photographs of the paintings. Back home in Naga City, Anthony
decided to print his photographs on T-shirts and peddle them outside
the Penafrancia Shrine during the Fiesta last September. If you were
consulted by Roy Fernando, who was your best friend from high
school, you would recommend filing a copyright infringement
complaint against Anthony on the basis of:
(1 point)
(a) and (b)
29. When may a mark that is identical with, or confusingly similar to,
or constitutes a translation of a mark considered well-known in
Section 123.1, par. e, which is registered in the Philippines, be
registrable? (1 point)
Never registrable
30. Ms. Celina Conti applied for registration of the mark consisting of
the logo below:for massage and spa services (Class 42 Miscellaneous
Services). The Coca-Cola Company has existing registrations under
Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34. The
application will most likely be denied because: (1 point)
None of the above.
of renewal, at the end of the year after the date of the filing of
the application.
(1 point)
7
37. Levin Okoda, principal architect of Manresa and Associates, was
engaged by San Miguel Industries to prepare the architectural plans
of the latters proposed home office in Ortigas Center. Roben
Ysmael, CEO of San Miguel, liked the plans so much and, without
batting an eyelash, paid the professional fees being collected by
Okoda of Manresa. Subsequently, Roben engaged the services of his
cum padre, Regis Legum, who owns a competing architectural firm, for
the construction of the building based on the plans. When Okoda
learned about this development, he called Roben to offer his
services to undertake the construction. Roben refused. Okoda now
consults you and asks what he can do in the premises. Your advice
shall be:
(1 point)
Advise Okoda that he has 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.
38. An invention refers to any technical solution of a problem in any
field of human activity which is new, involves inventive step and is
industrially applicable. It may be, or may relate to:
(1 point)
A product, or process, or an improvement of any of the foregoing.
47. Probable cause has been uniformly defined as such facts and
circumstances which would lead a reasonable, discreet and prudent
man to believe that an offense has been committed, and that the
objects sought in connection with the offense are in the place
sought to be searched.
Under prevailing jurisprudence, the determination of probable cause
(1 point)
Must adhere to the requirement that "no less than personal
knowledge by the complainant or his witnesses of the facts upon
which the issuance of a search warrant may be justified" in order to
convince the judge, not the individual making the affidavit and
seeking the issuance of the warrant, of the existence of a probable
cause.
49.
52. A patent application for a drug, Buntigon, that cures AIDS, filed by
Felix Pormento, a neo-scientist, has been granted a filing date of
July 5, 2007. It was published on February 20, 2010. It was
subsequently granted, after substantive examination, a patent. Said
grant was published in the IPO Gazette on July 5, 2013. Pormento
learned that Ramon Claveria made, produced, offered for sale and
sold a drug similar to Buntigon in or about November 2010. As of
October 23, 2013, (1 point)
Pormento can file a patent infringement case because the infringing
acts occurred in November, 2010.
53. When filing a patent application, the disclosure will not be legally
compliant unless:
(1 point)
The application shall disclose the invention in a manner
sufficiently clear and complete for it to be carried out by a person
skilled in the art.
56. In PEARL & DEAN (PHIL.), INC., vs. SHOEMART, INCORPORATED, G.R. No.
148222. August 15, 2003, the Supreme Court quoted the US case of
Baker vs. Selden:
xxx
A treatise on the composition and use of medicines, be they old or
new; on the construction and use of ploughs or watches or churns; or
on the mixture and application of colors for painting or dyeing; or
on the mode of drawing lines to produce the effect of perspective,
would be the subject of copyright; but no one would contend that the
copyright of the treatise would give the exclusive right to the art
or manufacture described therein.
xxx
This means that: (1 point)
Preparing Roast Pig a la Marketmanila
(http://www.marketmanila.com/) as described in his blog site
(http://www.marketmanila.com/) does not violate copyright.
57. In the case of work created by an employee during and in the course
of his employment, ownership of copyright shall be determined based on:
(1 point)
Whether or not the creation of the object of copyright is part of
his regular duties.
62. An application for patent filed by any person who has previously
applied for the same invention in another country which, by treaty,
convention, or law affords similar privileges to Filipino citizens,
shall be considered as filed as of the date of filing the foreign
application, subject to certain conditions. This is called:
(1 point)
Right of Priority
64. Kyle So entered into a contract with Rose Publishing for writing a
series of articles on The Procreation of Bees. For the project,
Kyle was paid a down payment of P500,000.00, with the balance of
P250,000.00 payable upon his submission of the last article not
later than ten months later. Subsequently, Kyle met a girl, Kyota
Shu, with whom he fell madly in love. He could not eat; he could not
work. He was useless. Alas, see what unrequited love can do! The
ten-month period elapsed and Kyle failed to submit even one of his
articles, though he had actually written two. Rose Publishing is
furious and approaches you. (1 point)
You advise Rose Publishing to file an action for damages only due
to breach of contract because he cannot be compelled to write his
articles or publish them.
70. In SOCIETE DES PRODUITS NESTLE, S.A. and NESTLE PHILIPPINES, INC.,
petitioners, vs. COURT OF APPEALS and CFC CORPORATION, respondents.
[G.R. No. 112012. April 4, 2001], Societe Des Produits Nestle, S.A.,
and Nestle Philippines, Inc. opposed CFCs application for trademark
FLAVOR MASTER claiming that the said trademark is "confusingly
similar to its trademarks for coffee and coffee extracts, to wit:
MASTER ROAST and MASTER BLEND." This issue was resolved by the Court
by using: (1 point)
The dominancy test
72. Under the new IP Code, "patent" refers to the title granted to
protect an invention defined as any technical solution of a problem
in any field of human activity which involves inventive step and is
industrially applicable. (1 point)
False
74. Under the IP Code, the term "intellectual property rights" consists
of the following. CHOOSE ALL CORRECT ANSWERS. (1 point)
Geographic Indications
Industrial Designs
Layout-Designs of Integrated Circuits
Patents
Trademarks and Service Marks
Undisclosed Information
Copyright and Related Rights
77. The mark "Cosmopolite", as used for canned tuna, is: (1 point)
Registrable because it has no relation to the goods or services
being sold.
78. The registration for a period of ten (10) years, without renewal,
counted from the date of commencement of the protection accorded
thereto, applies to:
(1 point)
lay-out designs
79. A trademark application which consists of the words See Me, Feel
Me and the picture shown has been filed for Intimate Apparel.The
application will most likely be rejected because it: (1 point)
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;
arrangement
selection
84. In the case of ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No.
103543. July 5, 1993, it was also held that The petitioner's
contention that bottle size, shape and color may not be the
exclusive property of any one beer manufacturer is well taken
(Emphasis supplied). The reason is that, at least in the said case,
(1 point)
Being of functional or common use, and not the exclusive invention
of any one, it is available to all who might need to use it within
the industry.
89. A trademark application which consists of the word Mike and the
design below has been filed for clothing and shoes. The application
will most likely be rejected because it: (1 point)
None of the above.
98. Section 123.3. of the IP Code provides that The nature of the goods
to which the mark is applied will not constitute an obstacle to