INTELLECTUAL PROPERTY CODE RA8293

An infringement occurs when a device appropriates a prior invention by incorporating its innovative concept and, albeit with some modification and change, performs substantially the same function in substantially the same way to achieve substantially the same result A. Doctrine of Equivalents b. Doctrine of Incorporation c. Doctrine of Appropriation d. Doctrine of Modification

A. Doctrine of Equivalents

Statement I: Copyright, in the strict sense of the term is purely a statutory right. Being a mere statutory grant, the rights are limited to what the statute confers Statement II: Copyright can cover only the works failing within the statutory enumeration or description a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

What is the legal term of a patent that gives its owner the exclusive right to use the covered invention? a. 20 years c. 15 years b. 10 years d. 25 years

a. 20 years

Is an intangible incorporeal rights to certain literary, scholarly, scientific and artistic productions granted by status to the author or creator of the work, and giving him, his heirs and assigns economic rights? a. Copyright c. Patent b. Trademark d. Unfair competition

a. Copyright

It is committed by any person who shall use original literary or artistic works, or derivative works without the copyright owner's consent in such a manner as to violate the specified economic rights a. Copyright infringement c. Patent infringement b. Trademark infringement d. Unfair Competition infringement

a. Copyright infringement

After the ____________ sale of the lawfully made copy of the copyrighted work, anyone who is the owner of that copy can sell or dispose of that copy in any way without any liability for copyright infringement a. First c. Third b. Second d. Fourth

a. First

If two or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date a. First-to-File Rule c. Third-to-File Rule b. Second-to-File Rule d. Fourth-to-File Rule

a. First-to-File Rule

Any person who shall, without the consent of the owner of the registered mark, use in commerce or 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 including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive a. Infringement of trademark c. Patenting of trademark b. Copyrighting of trademark d. Unfair competition of trademark

a. Infringement of trademark

What is the term and life of a trademark? a. It has a term of 10 years which is subject to unlimited times of renewal, thus, it has indefinite life b. It has a term of 5 years which is subject to unlimited times of renewal, thus, it has definite life c. It has a term of 20 years which is subject to unlimited times of renewal, thus, it has indefinite life d. It has a term of 15 years which is subject to unlimited times of renewal, thus, it has definite life

a. It has a term of 10 years which is subject to unlimited times of renewal, thus, it has indefinite life

This test of patent infringement means that a resort must be had, in the first instance, to the words of the claim a. Literal infringement test c. Dominancy test b. Doctrine of equivalents infringement test d. Holistic test

a. Literal infringement test

It refers to every production in the literary, scientific and artistic domain such as books and other writings, musical works, films, paintings and other works, and computer programs a. Original work c. Counterfeited work b. Imitated work d. Copied work

a. Original work

The making, using, offering for sale, selling or importing a patented product or a product obtained directly or indirectly from a patented process, or the use of a patented process without the authorization of the patentee constitutes a. Patent infringement c. Copyright infringement b. Trademark infringement d. Double sale

a. Patent infringement

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 a. Right of Priority c. Reciprocity Rule b. First-to-File Rule d. Reverse Reciprocity Rule

a. Right of Priority

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 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 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. All of the above

d. All of the above

Any interested person may petition to cancel the patent or any claim thereof, or parts of the claim, on any of the following grounds a. That the patent is invalid b. That what is claimed as the invention is not new or patentable c. That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any person skill in the art d. All of the above

d. All of the above

Modern authorities on trademark law view trademarks as performing three distinct functions a. The indicate origin or ownership of the articles to which they are attached b. They guarantee that those articles come up to a certain standard of quality c. They advertise the articles they symbolize d. All of the above

d. All of the above

The function of trademark is a. To point out distinctly the origin or ownership of the goods to which it is affixed b. To secure to him, who has been instrumental in bringing into the market a superior article of the merchandise, the fruit of his industry and skill c. To protect the manufacturer against substitution and sale of an inferior and different article as his product d. All of the above

d. All of the above

To establish trademark infringement, the following elements must be shown a. The validity of the mark b. The plaintiff's ownership of the mark c. The use of the mark or its colorable imitation by the alleged infringer results in "likelihood of confusion" d. All of the above

d. All of the above

Statement I: Copyright refers to literary or artistic works which are intellectual creations Statement II: Patent refers to technical solution of a problem which is new, involves an inventive step and is industrially applicable Statement III: Trademark refers to any sign to distinguish the goods or services of an enterprise a. Only Statement I is true c. Only Statement III is true b. Only Statement II is true d. All statements are true

d. All statements are true

Which of following marks may be registered before Intellectual Property Office for protection? a. Marks consisting exclusively of signs that are generic for the goods or services that they seek to identify b. Marks consisting of color along c. Marks consisting of shapes only d. Marks consisting of combination of color, shapes and drawing

d. Marks consisting of combination of color, shapes and drawing

Copyright or economic rights shall consist of the exclusive right to carry out, authorize, or prevent the following acts, except a. Reproduction of the work or substantial portion of the work b. Dramatization, translation, adaptation, abridgment, arrangement, or other transformation of the work c. Public display of the original or a copy of the work d. None of the above

d. None of the above

It refers to an intellectual property which gives an exclusive right to the inventor over his new, inventive and useful product, process or an improvement of a product or process a. Copyright c. Franchise b. Trademark d. Patent

d. Patent

Which of the following is not a requisite of a patentable invention? a. It must involve a technical solution to a problem in any field of human activity b. It must be new or novel c. It must involve inventive step d. It must be industrially applicable e. It must be made by a scientist

e. It must be made by a scientist

Any person infringing a right under the law on copyright shall be liable a. To an injunction restraining such infringement b. To pay to the copyright proprietor or his assigns or heirs such actual damages, including legal costs and other expenses, as he may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement c. To deliver under oath, for impounding during the pendency of the action, upon such terms and conditions as the court may prescribe, sales invoices, and other documents evidencing sales, implements for making them d. All of the above

D. All of the above

In copyright, the factors to consider in determining fair use are the following A. The purpose and character of the use, including whether such use is of a commercial nature or is for non- profit educational purposes B. The amount of 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. All of the above

D. All of the above

In determining the likelihood of confusion, the following must be considered A. The resemblance between the trademarks B. The similarity of the goods which the trademarks are attached C. The likely effect on the purchaser D. All of the above

D. All of the above

As a general rule, what is the term of copyright? a. The term of protection of copyright for original and derivative works is the life of the author plus (50) years after his death b. The term of protection of copyright for original and derivative works is the life of the author plus (20) years after his death c. The term of protection of copyright for original and derivative works is the life of the author plus (10) years after his death d. The term of protection of copyright for original and derivative works is the life of the author plus (30) years after his death

a. The term of protection of copyright for original and derivative works is the life of the author plus (50) years after his death

How is the right over a trademark, service mark or collective mark created or protected by law? a. By its usage of owner b. By its registration with Intellectual Property Office c. By its publication in a newspaper of general circulation d. By notarization of the mark

b. By its registration with Intellectual Property Office

How is a patent as an intellectual property or right created or protected by law? a. By invention by the inventor c. By notarization of the invention b. By registration with Intellectual Property Office d. By experimenting over the invention

b. By registration with Intellectual Property Office

The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research and similar purposes is not infringement of copyright a. Doctrine of Equal Use c. Doctrine of Just Use b. Doctrine of Fair Use d. Doctrine of Objective Use

b. Doctrine of Fair Use

This test of patent infringement means that infringement also takes place when a device appropriates a prior invention by incorporating its innovative concept and, although with some modification and change, performs substantially the same function in substantially the same way to achieve substantially the same result a. Literal infringement test c. Dominancy test b. Doctrine of equivalents infringement test d. Holistic test

b. Doctrine of equivalents infringement test

Statement I: 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 Statement II: Patentable invention may be, or may relate to, a product, or process, or an improvement of any of the foregoing a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

This defense may be set up by a respondent in an action for patent infringement when the respondent is any prior user, who, in good faith was using the invention or has undertaken serious preparations to use the invention in his enterprise or business, before the filing date or priority date of the application on which a patent is granted a. Doctrine of fair use c. Doctrine of good faith b. Doctrine of prior use d. Doctrine of bad faith

b. Doctrine of prior use

Which of the following marks may be registered before Intellectual Property Office for protection? a. Marks consisting 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. Marks which are unlikely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or service c. Marks consisting 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 d. Marks identical to a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date

b. Marks which are unlikely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or service

In case the employee made the invention in the course of his employment contract, the patent shall belong to: Statement I: The employee, if the inventive activity is part of his regular duties even if the employee uses the time, facilities and materials of the employer Statement II: The employer, if the invention is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

b. Only Statement II

Statement I: The right to a patent belongs to the inventor only Statement II: When two or more persons have jointly made an invention, the right to a patent shall belong to them jointly a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

b. Only Statement II

It is any distinctive word, name, symbol, emblem, sign, or device, or any combination thereof, adopted, and used by a manufacturer or merchant on his goods to identify and distinguish them from those manufactured, sold or dealt by others a. Patent c. Copyright b. Trademark d. Tradename

b. Trademark

Statement I: A certificate of registration shall remain in force for 10 years Statement II: A certificate of registration may be renewed for periods of 10 years at its expiration a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: A mere distributor and not the owner cannot assert any protection from trademark infringement as it had no right in the first place to the registration of the disputed trademarks Statement II: The crucial issue in any trademark infringement case is the likelihood of confusion, mistake or deceit as to the identity, source or origin of the goods or identity of the business as a consequence of using a certain mark a. Only Statement I is true b. Only Statement II is true c. Both are true d. Both are false

c. Both are true

Statement I: A person to be entitled to a copyright must be the original creator of the work Statement II: The original creator of a work must have created it by his own skill, labor and judgment without directly copying or evasively imitating the work of another a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: A registered mark shall have no effect against any person who, in good faith, before the filing date or the priority date, was using the mark for the purposes of his business or enterprise Statement II: Where an infringer who is engaged solely in the business of printing the mark or other infringing materials for others is an innocent infringer, the owner of the right infringed shall be entitled as against such infringer only to an injunction against future printing a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: After publication of a patent application, any interested p[arty may inspect the application documents filed with the Intellectual Property Office Statement II: Following the publication of the patent application, any person may present observations in writing concerning the patentability of the invention. Such observations shall be communicated to the applicant who may comment on them a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: An invention shall not be considered new if it forms part of a prior art Statement II: An invention involves an inventive step if, having regard to prior art, it is not obvious to a person skilled in the art at the time of the filing date or priority date of the application claiming the invention a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: In an action for infringement, the defendant, in addition to other defenses available to him, may show the invalidity of the patent, or nay claim thereof Statement II: In an action for infringement, if the court shall find the patent or any claim to be invalid, it shall cancel the same a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: In infringement of trademark, fraudulent intent is unnecessary Statement II: In unfair competition, fraudulent intent is essential a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: In infringement of trademark, the prior registration of the trademark is a prerequisite to the action Statement II: In unfair competition, registration is not necessary a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: Infringement consists in the doing by any person, without the consent of the owner of the copyright, of anything the sole right to do which is conferred by the statute on the owner of the copyright Statement II: For there to be substantial reproduction of a book, it does not necessarily require that the entire copyrighted work, or even a large portion of it, be copied. If so much is taken that the value of the original work is substantially diminished, there is an infringement of copyright a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: Infringement of trademark is the unauthorized use of a trademark Statement II: Unfair competition is the passing off of one's goods as those of another a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: No patent may be granted unless the application identifies the inventor Statement II: An applicant who is not a resident of the Philippines must appoint and maintain a resident agent or representative in the Philippines a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: The Dominancy test focuses on the similarity of the prevalent or dominant features of the competing trademarks that might cause confusion, mistake or deception in the mind of the purchasing public Statement II: The Holistic or Totality test necessitates a consideration of the entirety of the marks as applied to the products, including labels and packaging, in determining confusing similarity a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: The natural person whose name is indicated on a work is the usual manner as the author shall, in the absence of proof to the contrary, be presumed to be the author of the work Statement II: The person or body, corporate whose name appears on an audio-visual work in the usual manner shall, in the absence of proof to the contrary, be presumed to be the maker of said work a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: The owner of a registered mark may recover damages from any person who infringes his rights Statement II: The measure of the damages suffered shall be either the reasonable profit which the complaining party would have made, had the defendant not infringed his rights, or the profit which the defendant actually made out of the infringement a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: The person who commissions the work shall own the patent, unless otherwise provided in the contract Statement II: An application for patent 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 a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

Statement I: To be entitled to copyright, the thing being copyrighted must be original, created by the author through his own judgment without directly copying or evasively imitating the work of another Statement II: The format or mechanics of a TV show is not copyrightable as copyright does not extend to ideas, procedures, processes, systems, methods of operation, concepts, principles or discoveries regardless of the form in which they are described, explained, illustrated or embodied a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true

The following derivative works shall also be protected by copyright: Statement I: Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and Statement II: Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents a. Only Statement I is true c. Both are true b. Only Statement II is true d. Both are false

c. Both are true