Final Answers Compiled Quiz 1-7

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1.
The mark "Selecta", as used for ice cream and dairy products, is:

Registrable because it has been invented for the sole purpose of
functioning as a Registrable because ademark and have no other
meaning than acting as a mark.

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:

The phrase pale pilse is generic words descriptive of the
color of a type of beer.

3.
The mark "Cosmopolite", as used for canned tuna, is:

Registrable because it has no relation to the goods or services
being sold.

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.

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:

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.

6.
Under the IP Code, the First-to-File Rule has been adopted for
copyrightable works, trademarks and patents.

False. Copyright accrues from the moment of creation.
.

7.
Restituto Bicomong is such a patriotic fellow. When he decided to
distribute abroad his uniquely designed buri mats, he came up with a
trademark application consisting of the word Banig and the
representation of the Philippine Flag, as shown.The application will
most likely be denied by IPO even if Resty removed the Philippine
Flag because a mark may not be registrable if it:

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

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 dominancy test

9.
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.

True

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.

As counsel for Frederick Perez, on whether copyright infringement
has been committed, you would advise him:

To relax because no copyright infringement has been committed by
Frederick Lopez.

11.
The publisher of a book, in addition to the right to publish, shall
have a copyright consisting merely of the right of:

reproduction of the typographical arrangement of the published
edition of the work

12.
Copyright itself does not depend on official procedures. A created
work is considered protected by copyright as soon as it exists.
According to the Berne Convention for the Protection of Literary and
Artistic Works, literary and artistic works are protected without
any formalities in the countries party to that Convention.

True. Thus, WIPO does not offer any kind of copyright
registration system

13.
Joy Personal Products, Inc. manufactures and distributes toothpaste
in tubes under the trademark Calgary Fresh. Colgate Palmolive has
sought your opinion on whether Joy Personal Products Inc. is
committing unfair competition because, among other matters, it is
also using plastic tubes in the marketing of its toothpaste
products. You advise Colgate that the use of plastic tubes cannot
per se be a ground to impute unfair competition because:

As held in ASIA BREWERY, INC. petitioner, vs. THE HON. COURT OF
APPEALS and SAN MIGUEL CORPORATION, respondents, SMC's being the
first to use the steinie bottle does not give SMC a vested right to
use it to the exclusion of everyone else. 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.
Nobody can acquire any exclusive right to market articles supplying
simple human needs in containers or wrappers of the general form,
size and character commonly and immediately used in marketing such
articles xxx

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.

False

15.
The then Ministry of Trade on November 20, 1980 issued a memorandum
addressed to the Director of the Patents Office directing the latter

". . . reject all pending applications for Philippine registration
of signature and other world famous trademarks by applicants other
than its original owners or users.

"The conflicting claims over internationally known trademarks
involve such name brands as Lacoste, Jordache, Gloria Vanderbilt,
Sasson, Fila, Pierre Cardin, Gucci, Christian Dior, Oscar de la
Renta, Calvin Klein, Givenchy, Ralph Lauren, Geoffrey Beene, Lanvin
and Ted Lapidus.

"It is further directed that, in cases where warranted, Philippine
registrants of such trademarks should be asked to surrender their
certificates of registration, if any, to avoid suits for damages and
other legal action by the trademarks' foreign or local owners or
original users."

This administrative issuance was made pursuant to

Paris Convention

16.
Jessie holds a copyright registration for a Utility Model, Leaf
Spring Eye Bushing for Automobile made up of plastic. It is
described as

A and B

17.
In EMERALD GARMENT MANUFACTURING CORPORATION vs. COURT OF APPEALS,
G.R. No. 100098. December 29, 1995, the holistic approach was used
by the Court to determine confusing similarity between the competing
trademarks, thereby holding that LEE was not confusingly similar
with STYLISTIC MR. LEE. The holistic approach meant, essentially

In determining whether the trademarks are confusingly similar, a
comparison of the words is not the only determinant factor. The
trademarks in their entirety as they appear in their respective
labels or hang tags must also be considered in relation to the goods
to which they are attached. The discerning eye of the observer must
focus not only on the predominant words but also on the other
features appearing in both labels in order that he may draw his
conclusion whether one is confusingly similar to the other.

18.
The Dominancy Test, applied in determining confusing similarity in
trademarks, means:

If the competing trademark contains the main or essential or
dominant features of another, and confusion and deception is likely
to result, infringement takes place. Duplication or imitation is not
necessary; nor is it necessary that the infringing label should
suggest an effort to imitate.

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:

For purposes of registration, what the IPO examines is not the
product or service to which a mark is to be applied, but the mark
itself.

20.
The word "Diamond" and logo, as used for jewellery items made of
cubic zirconium is:

Not registrable because it is likely to mislead the public,
particularly as to the nature, quality, characteristics or
geographical origin of the goods or services.

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:

If so much is taken that the value of the original work is
substantially diminished, there is an infringement of copyright and
to an injurious extent, the work is appropriated.

22.
In Mirpuri v CA, the government official who implemented the
provisions of Article 6bis of the Paris Convention was who himself
made an official determination that the marks he identified were
well-known.

*The following answers are acceptable:*
Villafuerte
villafuerte
Luis Villafuerte
luis villafuerte
Luis Villafuerte Sr.
luis villafuerte sr

23.
A certificate of registration shall remain in force for years:
Provided, That the registrant shall file a declaration of actual use
and evidence to that effect, or shall show valid reasons based on
the existence of obstacles to such use within one (1) year from the
fifth anniversary of the date of the registration of the mark.
Otherwise, the mark shall be removed from the Register by the Office.

10 or ten

24.
The following are samples of descriptive marks:

Thin Crust for pizza
100% WOOL for jackets

25.
In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF
APPEALS, SUNSHINE HOME VIDEO, INC. and DANILO A. PELINDARIO,
respondents., [G.R. No. 110318. August 28, 1996.], the thrust of the
ruling is to the effect that The essence of a copyright
infringement is the similarity or at least substantial similarity of
the purported pirated works to the copyrighted work. Hence, the
applicant must present to the court the copyrighted films to compare
them with the purchased evidence of the video tapes allegedly
pirated to determine whether the latter is an unauthorized
reproduction of the former. This linkage of the copyrighted films to
the pirated films must be established to satisfy the requirements of
probable cause. Mere allegations as to the existence of the
copyrighted films cannot serve as basis for the issuance of a search
warrant.

False. 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.

26.
Literary and artistic works, hereinafter referred to as "works", are
original intellectual creations in the literary and artistic domain
protected from the moment of their creation. Which among the
following properties does not belong?

Leah Salonga's rendition of "Can We Just Stop and Talk a While?"

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:

Trademark rights are acquired through registration.

28.
The recordal system of registration in the Copyright Office is
different from the Trademark system of registration in that

None of the above

29.
In AMIGO MANUFACTURING, Inc., petitioner, vs. CLUETT PEABODY CO.,
INC., respondent, the findings of the then Bureau of Patents that
GOLD TOP was confusingly and deceptively similar to GOLD TOE was
sustained by Supreme Court by invoking:

None of the above.

30.
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:

None of the above.

31.
Any visible sign capable of distinguishing goods or services
(service mark) of an enterprise and shall include a stamped or
marked container of goods would be a:

Trademark

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:

Preparing Roast Pig a la Marketmanila (http://www.marketmanila.com/) as described in his
blog site (http://www.marketmanila.com/) does not violate copyright.

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,

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.

34.
Copyrightable works are protected

From the moment of creation

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:

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

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?

Never registrable

37.
Collections of literary, scholarly or artistic works, and
compilations of data and other materials may be considered as new
works if they are original by reason of the * of their contents.
Choose ALL correct responses.

selection and coordination

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 protect well-known marks

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
trademark "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.

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.

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:

It consists of her name and she presumably has consented to the
use thereof.

41.
Suggestive marks suggest a quality or characteristic of the goods
and services. The following are samples of suggestive marks:

Suprasilk for intimate wear
Microsoft for software programs
Master Roast for coffee

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.

None of the above

43.
Ms. Celina Conti applied for registration of the mark consisting of
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:

None of the above

44.
What is a Trademark?

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

45.
A mark which is considered by the competent authority of the
translation of the first mark:

when used for identical or similar goods or services.

46.
The Convention of Paris for the Protection of Industrial Property,
otherwise known as the Paris Convention, is a multilateral treaty
that seeks to protect industrial property consisting of patents,
utility models, industrial designs, trademarks, service marks, trade
names and indications of source or appellations of origin, and at
the same time aims to repress unfair competition. This is achieved by:

According to citizens of the other member countries trademark and
other rights comparable to those accorded their own citizens by
their domestic laws.

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:

a and b

48.
How may the rights in a mark be acquired ?


49.
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 entitled to 5% of the gross proceeds as an heir.

50.
The term of protection for Broadcasts is:

Twenty (20) years from the date they took place.

1. 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.

2. 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

3. Patents to protect inventions; and industrial designs, which are
aesthetic creations determining the appearance of industrial
products, as well as trademarks, service marks, layout-designs of
integrated circuits, commercial names and designations, geographical
indications, and protection against unfair competition fall under:
(1 point)

Industrial property

4. A trademark application which consists of the words See Me, Feel
application will most likely be rejected because it: (1 point)

them into contempt or disrepute;

5. Restituto Bicomong is such a patriotic fellow. When he decided to
distribute abroad his uniquely designed buri mats, he came up with a
trademark application consisting of the word Banig and the
representation of the Philippine Flag, as shown.The application will
most likely be denied by IPO even if Resty removed the Philippine
Flag because a mark may not be registrable if it: (1 point)

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

6. What is a well-known mark? (1 point)

A mark that is declared as such by a judge based on certain given
criteria.

7. The First to File Rule simply means that: (1 point)

If there are two or more applications are filed for the same
invention, to the applicant who has the earliest filing date or, the
earliest priority date.

8. The Convention of Paris for the Protection of Industrial Property,
the same time aims to repress unfair competition. This is achieved
by: (1 point)

According to citizens of the other member countries trademark and
other rights comparable to those accorded their own citizens by
their domestic laws.

9. HOW MAY AN AFFIDAVIT EVIDENCE HELP A COPYRIGHT OWNER IN AN ACTION
FOR INFRINGEMENT? (1 point)

None of the above.

10. An interested person may petition to cancel a patent or any claim
thereof, or parts of the claim, on any of the following grounds,
EXCEPT: (1 point)

The application did not comply with the requirement of unity of
invention.

11. Moral rights pertain to (1 point)

Attribution and integrity

12. A patent application, which been published, and all related
documents, shall not be made available for inspection without the
consent of the applicant.
(1 point)

False

13. The term of protection for works of applied art is: (1 point)

Twenty-five (25) years from the date of making.

14. Considering that dramatizations, translations, adaptations,
abridgments, arrangements, and other alterations of literary or
artistic works are protected as a new works, the consent of the
author or creator of these underlying works need no longer be
secured. (1 point)

False

15. A trademark application which consists of the word Mike and the
will most likely be rejected because it: (1 point)

None of the above.

16. While visiting Makati City in July, 2006, Anthony Pascual was able
(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

18. In Mirpuri v CA, the government official who implemented the
provisions of Article 6bis of the Paris Convention was who himself
made an official determination that the marks he identified were
well-known. (1 point)

Villafuerte

19. Ms. Celina Conti applied for registration of the mark consisting of
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.

20. What is a Trademark? (1 point)

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

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.

22. Suggestive marks suggest a quality or characteristic of the goods
and services. The following are samples of suggestive marks: (1 point)



23. In Abercrombie & Fitch Co. v. Hunting World, Inc., a classification
afforded immediate protection. (1 point)

None of the above.

24. 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.

25. Jessie holds a copyright registration for a Utility Model, Leaf
described as

comprising a generally cylindrical body having a co-axial bore that
is centrally located and provided with a perpendicular flange on one
of its ends and a cylindrical metal jacket surrounding the
peripheral walls of said body, with the bushing made of plastic that
is either polyvinyl chloride or polypropylene.[31] Likewise, the
Vehicle Bearing Cushion is illustrated as a bearing cushion
comprising a generally semi-circular body having a central hole to
secure a conventional bearing and a plurality of ridges provided
therefore, with said cushion bearing being made of the same plastic
materials.

A and B

26. Copyright shall consist of the exclusive right to carry out,
authorize or prevent public performance of a work. However, the
recitation or performance of a work, once it has been lawfully made
accessible to the public, if done privately and free of charge or if
made strictly for a charitable or religious institution or society,
will not constitute infringement. (1 point)

Copyright allows some monopoly subject to some limitations provided
by law.

27. A utility model registration shall expire, without any possibility
of renewal, at the end of the year after the date of the filing of
the application.
(1 point)

7

28. Notwithstanding the provisions of Subsection 177.1, any library or
archive whose activities are not for profit may, without the
authorization of the author or copyright owner, make a ___________
number of copies of the work, as may be necessary for such
institutions to fulfill their mandate, by reprographic reproduction:
(1 point)

limited

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
trademark "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.
Baker vs. Selden:
xxx
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.

32. Article 6bis of the Paris Convention provides:
or similar goods.

The objective of this provision is (1 point)

To protect well-known marks.

33. The term of protection for audio-visual works including those
produced by process analogous to photography or any process for
making audio-visual recordings is: (1 point)

Fifty (50) years from date of publication and, if unpublished, from
the date of making.

34. A technical solution of a problem in any field of human activity, to
be patentable, must be, among other traits:
(1 point)

novel

35. Copyright itself does not depend on official procedures. A created
any formalities in the countries party to that Convention. (1 point)

True. Thus, WIPO does not offer any kind of copyright registration
system.

36. In Masso Hermanos, S.A. vs. Director of Patents, 94 Phil. 136, 139
application will most likely be granted because: (1 point)

It consists of her name and she presumably has consented to the use
thereof.

37. According to WIPO, Intellectual property is usually divided into two
branches. Choose ALL <<<<<<<<<<<<s. (1 point)

Industrial property
Copyright and related rights

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
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)

functioning as a trRegistrable because trademark and have no other

41. Any technical solution of a problem in any field of human activity
which is new and industrially applicable and which may be, or may
relate to, a useful machine, an implement or tool, a product or
composition or an improvement of any of the foregoing, would be a:
(1 point)

Invention

42. The term of protection for performances not incorporated in
recordings is: (1 point)

Fifty (50) years from the end of the year in which they took place.

43. As held in SMITH KLINE BECKMAN CORPORATION, petitioner, vs. THE
HONORABLE COURT OF APPEALS and TRYCO PHARMA CORPORATION,
respondents, When the language of its claims is clear and distinct,
the patentee is bound thereby and may not claim anything beyond
them. And so are the courts bound which may not add to or detract
from the claims matters not expressed or necessarily implied, nor
may they enlarge the patent beyond the scope of that which the
inventor claimed and the patent office allowed, even if the patentee
may have been entitled to something more than the words it had
chosen would include.

The extent of protection conferred by the patent shall be
determined by the claims, which are to be interpreted in the light
of the description and drawings.

44. Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he
proceeds of the sale. Lolita approached you for advice. (1 point)


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.
(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.

47. For an invention to be new, it must not be part of prior art.
However, the disclosure of information by the inventor contained in
an application during the twelve (12) months preceding the filing
date or the priority date of the application shall not be considered
prior art. This is referred to as (1 point)

Non-prejudicial disclosure.

48. In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL
uses.

The reason for the failure of Khos case was: (1 point)


49. In 1841, Thomas Babington MacCaulay, in a speech delivered on the
floor of the House of Commons, declared:

"It is good that authors should be remunerated; and the least
exceptionable way of remunerating them is by a monopoly. Yet
monopoly is an evil. For the sake of the good we must submit to the
evil; but the evil ought not to last a day longer than is necessary
for the purpose of securing the good."
(1 point)

MacCaulay is justifying the grant of monopoly to authors.

50. Copyrightable works are protected (1 point)

from the moment of creation

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


If so much is taken that the value of the original work is
substantially diminished, there is an infringement of copyright and
to an injurious extent, the work is appropriated

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:

Intellectual property protection is merely a means towards the
end of making society benefit from the creation of its men and women
of talent and genius. This is the essence of intellectual property
laws, and it explains why certain products of ingenuity that are
concealed from the public are outside the pale of protection
afforded by the law

3.
Under the IP Code, the First-to-File Rule has been adopted for


4.
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

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.

5.
The term of protection for performances not incorporated in
recordings is:


6.
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:

She has no legal right to collect because the mere ownership of
the Memoirs does not mean that she owns the copyright to the
Memoirs

7.
Pia Bautista, as the vocalist of a band, plans to perform five
original songs composed by Alex Pormento during a concert at the UP
Theater for the benefit of the Philippine Red Cross. These songs
were never recorded, publicly played or performed before by anyone,
anywhere. What should Pia do to ensure that she commits no copyright
violation?

None of the above

8.
Brilliante Verzosa megged a movie that was awarded by the
Independent Directors Guild of the Philippines as "Best Picture of
the Year". However, the MTRCB gave it a rating of X, meaning, not
fit for public exhibition due to "Violence, Foul language and
Nudity." Hence, it was never shown in the theaters. When this was
reported in social media, a lot of interest for the movie was
generated. Everybody wanted to see it and was asking where it could
be watched. Others were looking for copies. Dimitri, a close buddy
of Brilliante, had a preview copy of the movie. He saw the
opportunity to make money from the unusual demand for the film. He
uploaded it in his personal website and charged P200 for every
download. When he became aware of what Dimitri has done, Brilliante
asked him to stop, alleging copyright infringement. Dimitri refused,
arguing that government, through the MTRCB, has refused protection
to the movie because it is immoral and illegal. What is your BEST
advise to Brilliante?

The movie is protected irrespective of its content.

9.
Copyright, in the strict sense of the term, is purely a statutory
right. It is a new or independent right granted by the statute, and
not simply a pre-existing right regulated by the statute. Being a
statutory grant, the rights are only such as the statute confers,
and may be obtained and enjoyed only with respect to the subjects
and by the persons, and on terms and conditions specified in the
statute.

Since . . . copyright in published works is purely a statutory
creation, a copyright may be obtained only for a work falling within
the statutory enumeration or description.

The foregoing was cited by the Supreme Court in Joaquin versus
Drilon, G.R. No. 108946. January 28, 1999, to arrive at the
conclusion that the format or mechanics of a television show is not
included in the list of protected works xxx. The legal basis is

Notwithstanding the provisions of Sections 172 and 173, no
protection shall extend, under this law, to any idea, procedure,
system method or operation, concept, principle, discovery or mere
data as such, even if they are expressed, explained, illustrated or
embodied in a work; news of the day and other miscellaneous facts
having the character of mere items of press information; or any
official text of a legislative, administrative or legal nature, as
well as any official translation thereof.

10.
HOW MAY AN AFFIDAVIT EVIDENCE HELP A COPYRIGHT OWNER IN AN ACTION
FOR INFRINGEMENT?

None of the 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:

Simply charitable

12.
A copyright certificate is a prima facie evidence of originality.
This means that:

A copyright certificate provides prima facie evidence of
originality which is one element of copyright validity.

13.
In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF
respondents., [G.R. No. 110318. August 28, 1996.], the thrust of the
ruling is to the effect that The essence of a copyright
infringement is the similarity or at least substantial similarity of
the purported pirated works to the copyrighted work. Hence, the
applicant must present to the court the copyrighted films to compare
them with the purchased evidence of the video tapes allegedly
pirated to determine whether the latter is an unauthorized
reproduction of the former. This linkage of the copyrighted films to
the pirated films must be established to satisfy the requirements of
probable cause. Mere allegations as to the existence of the
copyrighted films cannot serve as basis for the issuance of a search
warrant.

False. 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.
The objective of the WIPO Internet Treaties is to protect the
environment.

None of the above

15.


16.
Notwithstanding the provisions of Subsection 177.1, any library or

limited

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.

18.
Jose Poloyapoy sold to Kislap Publishing (Kislap) a manuscript
containing his adventures in scaling the heights of Mt. Everest.
Kislap then published his manuscript claiming that it has acquired
the copyright in and to Joses written adventure stories. Kislaps
contention is wrong because:

A transfer or assignment of the sole copy or of one or several
copies of a work does not imply transfer or assignment of the
copyright

19.
Frederick Perez wrote and published The Secret of Beauty, a book

As counsel for Frederick Perez, on whether copyright infringement
has been committed, you would advise him:

Frederick Lopez.

20.
In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL
uses.



FINAL EXAMINATION

1. 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; (correct
answer, your response)

3. The recordal system of registration in the Copyright Office is
different from the Trademark system of registration in that (1 point)

None of the above.

5. For an invention to be new, it must not be part of prior art.
However, the disclosure of information by the inventor contained in
an application during the twelve (12) months preceding the filing
date or the priority date of the application shall not be considered
prior art. This is referred to as (1 point)


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.

8. A certificate of registration shall remain in force for years:
Provided, That the registrant shall file a declaration of actual use
and evidence to that effect, or shall show valid reasons based on
the existence of obstacles to such use within one (1) year from the
fifth anniversary of the date of the registration of the mark.
Otherwise, the mark shall be removed from the Register by the Office.
(1 point)

10

9. The mark "Callista Flockhart", as used for tonic drinks and and
health products, is: (1 point)

Not registrable unless Ms. Flockhart gives her blessing .

10. Frederick Perez wrote and published The Secret of Beauty, a book

Frederick Lopez.

11. In Masso Hermanos, S.A. vs. Director of Patents, 94 Phil. 136, 139
application will most likely be granted because: (1 point)

It consists of her name and she presumably has consented to the use
thereof.

12. 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,
(1 point)
The copyright in any such work shall not include the right to
control the reconstruction or rehabilitation in the same style as

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

protection:
(1 point)


15. The IP Code is (1 point)

Rep Act No 8293

16. Under the IP Code, the First-to-File Rule has been adopted for
copyrightable works, trademarks and patents. (1 point)


17. Any visible sign capable of distinguishing goods or services
(service mark) of an enterprise and shall include a stamped or
marked container of goods would be a: (1 point)

Trademark

18. The following is part of prior art: (1 point)

Everything which has been made available to the public anywhere in
the world, before the filing date or the priority date of the
application claiming the invention.

19. The private reproduction of a published work in a single copy, where
the reproduction is made by a natural person exclusively for
research and private study, shall be permitted, without the
authorization of the owner of copyright in the work, EXCEPT IN THE
FOLLOWING CASES: Choose ALL correct answers. (1 point)

A work of architecture in form of building or other construction

An entire book, or a substantial part thereof, or of a musical work
in which graphics form by reprographic means;

20. The Dominancy Test, applied in determining confusing similarity in
trademarks, means: (1 point)

If the competing trademark contains the main or essential or
dominant features of another, and confusion and deception is likely
to result, infringement takes place. Duplication or imitation is not
necessary; nor is it necessary that the infringing label should
suggest an effort to imitate.

21. The publisher of a book, in addition to the right to publish, shall
have a copyright consisting merely of the right of: (1 point)

reproduction of the typographical arrangement of the published
edition of the work

22. Notwithstanding the provisions of Subsection 177.1, any library or
(1 point)

limited

23. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF
respondents., [G.R. No. 110318. August 28, 1996.], it was held that
It is evidently incorrect to suggest, as the ruling in 20th Century
Fox may appear to do, that in copyright infringement cases, the
presentation of master tapes of the copyrighted films is always
necessary to meet the requirement of probable cause and that, in the
absence thereof, there can be no finding of probable cause for the
issuance of a search warrant. Xxx The foregoing statement was made
because: (1 point)

None of the above.

(1 point)

functioning as a trRegistrable because ademark and have no other

25. The term of protection for performances not incorporated in
recordings is: (1 point)


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
(1 point)

(a) and (b)

28. How may the rights in a mark be acquired ? (1 point)


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

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.

31. HOW MAY AN AFFIDAVIT EVIDENCE HELP A COPYRIGHT OWNER IN AN ACTION
FOR INFRINGEMENT? (1 point)

None of the above.

32. The term of protection for Broadcasts is: (1 point)


33. What is a Trademark? (1 point)

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

36. A utility model registration shall expire, without any possibility
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.

respondents, When the language of its claims is clear and distinct,
the patentee is bound thereby and may not claim anything beyond
them. And so are the courts bound which may not add to or detract
from the claims matters not expressed or necessarily implied, nor
may they enlarge the patent beyond the scope of that which the
inventor claimed and the patent office allowed, even if the patentee
may have been entitled to something more than the words it had
chosen would include.

The foregoing serves to emphasize that, in patent infringement
cases, (1 point)

The extent of protection conferred by the patent shall be
determined by the claims, which are to be interpreted in the light
of the description and drawings.

40. Suggestive marks suggest a quality or characteristic of the goods
and services. The following are samples of suggestive marks: (1 point)



41. Jessie holds a copyright registration for a Utility Model, Leaf
described as

comprising a generally cylindrical body having a co-axial bore that
is centrally located and provided with a perpendicular flange on one
of its ends and a cylindrical metal jacket surrounding the
peripheral walls of said body, with the bushing made of plastic that
is either polyvinyl chloride or polypropylene.[31] Likewise, the
Vehicle Bearing Cushion is illustrated as a bearing cushion
comprising a generally semi-circular body having a central hole to
secure a conventional bearing and a plurality of ridges provided
therefore, with said cushion bearing being made of the same plastic
materials.

A and B

42. A layout-design shall be considered original if it is the result of
its creator's own intellectual effort and is not commonplace among
creators of layout-designs and manufacturers of integrated circuits
at the time of its creation.
(1 point)
true

43. Copyrightable works are protected (1 point)

from the moment of creation

44. An interested person may petition to cancel a patent or any claim
thereof, or parts of the claim, on any of the following grounds,
EXCEPT: (1 point)

invention.

45. Article 6bis of the Paris Convention provides:
or similar goods.

The objective of this provision is (1 point)

To protect well-known marks.

46. Which does not belong to the group? (1 point)
Micro-organisms and non-biological and microbiological processes.

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.

(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.

48. The principle of unity of invention requires that an application
for patent shall relate to one invention only or to a group of
inventions forming a single general inventive concept. Hence, the
Director may require that the application be restricted to a single
invention in the following case/s:
(1 point)

A and C

49.

50. Pia Bautista, as the vocalist of a band, plans to perform five
original songs composed by Alex Pormento during a concert at the UP
Theater for the benefit of the Philippine Red Cross. These songs
were never recorded, publicly played or performed before by anyone,
anywhere. What should Pia do to ensure that she commits no copyright
violation?
(1 point)

None of the above.

51. A three-dimensional disposition, however expressed, of the elements,
at least one of which is an active element, and of some or all of
the interconnections of an integrated circuit, or such a
three-dimensional disposition prepared for an IC intended for
manufacture is a
(1 point)

Lay-out Design

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.

54. 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. (1 point)

False

55. In Abercrombie & Fitch Co. v. Hunting World, Inc., a classification
afforded immediate protection. (1 point)

None of the above.

56. In PEARL & DEAN (PHIL.), INC., vs. SHOEMART, INCORPORATED, G.R. No.
Baker vs. Selden:
xxx
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.

58. The term of protection for audio-visual works including those
produced by process analogous to photography or any process for
making audio-visual recordings is: (1 point)

Fifty (50) years from date of publication and, if unpublished, from
the date of making.

59. Literary and artistic works, hereinafter referred to as "works", are
original intellectual creations in the literary and artistic domain
protected from the moment of their creation. Which among the
following properties does not belong? (1 point)

Leah Salonga's rendition of "Can We Just Stop and Talk a While?"

60. Patents to protect inventions; and industrial designs, which are
aesthetic creations determining the appearance of industrial
products, as well as trademarks, service marks, layout-designs of
integrated circuits, commercial names and designations, geographical
indications, and protection against unfair competition fall under:
(1 point)

Industrial property

61. What is a patent? (1 point)

A grant issued by the Philippine Government giving an inventor the
right to exclude others from making, using or selling his invention
within the Philippines in exchange for his patentable information or
disclosure (Quid Pro Quo).

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

63. If Albert Einstein discovered the Theory of Relativity yesterday, he
would still not be able to patent the same under the IP Code because
(1 point)

None of the above.

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.

65. Dillman Publishing Company commissioned Braille experts to
transcribe popular novels, like the Twilight, Harry Potter and
Lord of the Ring series, into Braille. It made sure that the
respective authors were properly informed of the project and cited
in the finished products. Believing that the project was
ahead-of-its-time, Dillman Publishing intended to the the books at
a premium. Would it be violating any copyright? (1 point)

Yes. Dillman Publishing sold and distributed the Braille-formatted
books for profit.

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:
(1 point)

She has no legal right to collect because the mere ownership of the
Memoirs does not mean that she owns the copyright to the Memoirs.

67. Gregory Moreland is a US citizen who has been a Philippine resident
for the last twenty years. By profession, he is an Engineer, but
like a little boy, he never ceases to tinker with gadgets and always
dreams of providing the world with the cheapest solutions to human
problems. One day, he applied with the IPO for a patent for his
invention, a head gear, which allows the wearer to listen to the
thoughts of persons within five meters away. The Patent Examiner, on
examination, ruled that the invention is NOT patentable because it
is not new. An new invention, to be patentable (1 point)

must not be part of prior art

68. An invention qualifies for registration as a utility model if it is
new and involves an inventive step.
(1 point)

False. Inventive step is not necessary.

69. Copyright itself does not depend on official procedures. A created
any formalities in the countries party to that Convention. (1 point)
True. Thus, WIPO does not offer any kind of copyright registration
system.

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

71. The Convention of Paris for the Protection of Industrial Property,
the same time aims to repress unfair competition. This is achieved
by: (1 point)
Giving the same treatment to each of the member countries. as that
country makes available to citizens of other countrues

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

73. Joy Personal Products, Inc. manufactures and distributes toothpaste
in tubes under the trademark Calgary Fresh. Colgate Palmolive has
sought your opinion on whether Joy Personal Products Inc. is
committing unfair competition because, among other matters, it is
also using plastic tubes in the marketing of its toothpaste
products. You advise Colgate that the use of plastic tubes cannot
per se be a ground to impute unfair competition because: (1 point)

APPEALS and SAN MIGUEL CORPORATION, respondents, SMC's being the
first to use the steinie bottle does not give SMC a vested right to
use it to the exclusion of everyone else. 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.
Nobody can acquire any exclusive right to market articles supplying
simple human needs in containers or wrappers of the general form,
size and character commonly and immediately used in marketing such
articles xxx.

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

75. An invention qualifies for registration as a utility model if it is
new and involves an inventive step.
(1 point)

76. In the case of a divisional application, a later application filed
for an invention divided out shall be considered as having been
filed on the same day as the first application if the later
application is filed within the period allowed, or as may be granted
and each divisional application shall not go beyond the disclosure
in the initial application. (1 point)

False

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
application will most likely be rejected because it: (1 point)

them into contempt or disrepute;

80. Considering that dramatizations, translations, adaptations,
abridgments, arrangements, and other alterations of literary or
artistic works are protected as a new works, the consent of the
author or creator of these underlying works need no longer be
secured. (1 point)

False

81. Collections of literary, scholarly or artistic works, and
compilations of data and other materials may be considered as new
works if they are original by reason of the * of their contents.
Choose ALL correct answers. (1 point)

coordination
selection

82. The following provision normally appears in license agreements
whereby rights over certain musical compositions are licensed to
another for use by the latter:

It is hereby agreed and understood that the authority herein granted
to PRODUCER is restrictive and covers only such license as
stipulated in the preceding section. It is expressly stipulated that
the first and original telecast of the Television Series shall be
completed no later than the end of the Licensed Period. The license
herein granted does not include any rights for any other production
and/or soundtrack production and/or reproduction in video compact
disc, VHS, MP3 and DVD format, mobile phone and internet services,
value-added or otherwise, including any other wireless services such
as SMS & MMS, music television (MTV), ballet show(s), segment
show(s) and audio, opening number(s), production number(s) and/or
other related presentation(s) and the like in any theater(s) and/or
television show(s).

The legal basis for this provision is: (1 point)

Copyright or economic rights shall consist of the exclusive right
to carry out, authorize or prevent the acts of making derivative
works, public performance of the work; and other communication to
the public of the work.

83. The requirements of registrability of utility models are the
following, EXCEPT:
(1 point)

original

(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.

85. 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:
(1 point)

Intellectual property protection is merely a means towards the end
of making society benefit from the creation of its men and women of
talent and genius. This is the essence of intellectual property
laws, and it explains why certain products of ingenuity that are
concealed from the public are outside the pale of protection
afforded by the law.

87. The patent examiner, considering an application for patent involving
a gadget that will enable the user to see through human flesh failed
to consider that said application for patent related to a group of
inventions that did not form a single general inventive concept.
Eventually, a letters patent was granted. After discovering the
lapse, the Director decided to order the cancellation of the patent.
(1 point)

He is legally correct because the patent has been granted on an
application that did not comply with the requirement of unity of
invention.

88. Original ornamental designs or models for articles of manufacture
and other works of applied art are copyrightable. However, they may
also be registered as industrial designs under the law on patents
if: (1 point)

The design gives a special appearance to and can serve as pattern
for an industrial product or handicraft.

89. A trademark application which consists of the word Mike and the
will most likely be rejected because it: (1 point)

None of the above.

90. In EMERALD GARMENT MANUFACTURING CORPORATION vs. COURT OF APPEALS,
G.R. No. 100098. December 29, 1995, the holistic approach was used
by the Court to determine confusing similarity between the competing
trademarks, thereby holding that LEE was not confusingly similar
(1 point)

comparison of the words is not the only determinant factor. The
trademarks in their entirety as they appear in their respective
labels or hang tags must also be considered in relation to the goods
to which they are attached. The discerning eye of the observer must
focus not only on the predominant words but also on the other
features appearing in both labels in order that he may draw his

91. Any technical solution of a problem in any field of human activity
which is new and industrially applicable and which may be, or may
relate to, a useful machine, an implement or tool, a product or
composition or an improvement of any of the foregoing, would be a:
(1 point)

Invention

92. In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL
uses.

The reason for the failure of Khos case was: (1 point)


93. Copyright shall consist of the exclusive right to carry out,
authorize or prevent public performance of a work. However, the
recitation or performance of a work, once it has been lawfully made
accessible to the public, if done privately and free of charge or if
made strictly for a charitable or religious institution or society,
will not constitute infringement. (1 point)

Copyright allows some monopoly subject to some limitations provided
by law.

94. A patent application, which been published, and all related
documents, shall not be made available for inspection without the
consent of the applicant.
(1 point)

False

95. Copyright, in the strict sense of the term, is purely a statutory
right. It is a new or independent right granted by the statute, and
not simply a pre-existing right regulated by the statute. Being a
statutory grant, the rights are only such as the statute confers,
and may be obtained and enjoyed only with respect to the subjects
and by the persons, and on terms and conditions specified in the
statute.

Since . . . copyright in published works is purely a statutory
creation, a copyright may be obtained only for a work falling within
the statutory enumeration or description.

The foregoing was cited by the Supreme Court in Joaquin versus
Drilon, G.R. No. 108946. January 28, 1999, to arrive at the
conclusion that the format or mechanics of a television show is not
included in the list of protected works xxx. The legal basis is
(1 point)

Notwithstanding the provisions of Sections 172 and 173, no
protection shall extend, under this law, to any idea, procedure,
system method or operation, concept, principle, discovery or mere
data as such, even if they are expressed, explained, illustrated or
embodied in a work; news of the day and other miscellaneous facts
having the character of mere items of press information; or any
official text of a legislative, administrative or legal nature, as
well as any official translation thereof.

96. A technical solution of a problem in any field of human activity, to
be patentable, must be, among other traits:
(1 point)

novel


If there are two or more applications are filed for the same
invention, to the applicant who has the earliest filing date or, the

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
registration. (Sec. 4, R. A. No. 166a). This provision means that:
(1 point)

For purposes of registration, what the IPO examines is not the
product or service to which a mark is to be applied, but the mark
itself.

99. Only layout -designs of integrated circuits that are ____________
shall benefit from protection under the law
(1 point)
original

100. The registration of an industrial design shall be for a period of five
years from the filing date of the application, subject to renewal
for not more than consecutive periods of five (5) years each. (1 point)

2

1. The final decision of refusal of an application for trademark registration by the Director of Trademarks shall
be appealable to the:
Director General (correct answer, your response)
Court of Appeals
Regional Trial Court
Deputy Director General for Legal
2.
Points earned: 4 out of 4

2. A person who is a national or who is domiciled or has a real and effective industrial establishment in a
country which is a party to any convention, treaty or agreement relating to intellectual property rights or the
repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to
nationals of the Philippines by law who acquires a local registration based on a registration in his own
country may sue for acts committed prior to the date on which his mark was registered in this country.
True
False (correct answer, your response)
3.

3. No filing date shall be accorded until the required fee is paid.
True (correct answer, your response)
False
4.

4. Under the IP Code, no registration of a mark in the Philippines by a person who is a national or who is
domiciled or has a real and effective industrial establishment in a country which is a party to any convention,
treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which
the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, shall be
granted until such mark has been used in commerce in the country of origin of the applicant.
True (your response)
False
5.

5. A mark cannot be copyrighted if it 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
False
6.

6. The owner of a well-known mark that is not registered in the Philippines, may, against an identical or
confusingly similar mark, oppose its registration, or petition the cancellation of its registration or sue for
unfair competition, without prejudice to availing himself of other remedies provided for under the law.
False
7.

7. A mark that consists of color alone may be registered if it is defined by a given form.
False
8.

8. The filing date of an application shall be the date on which the Office received the following indications and
elements in English or Filipino, except:
An express or implicit indication that the registration of a mark is sought;
The identity of the applicant;
Indications sufficient to contact the applicant or his representative, if any;
A reproduction of the mark whose registration is sought;
The list of the goods or services for which the registration is sought.
none (correct answer, your response)
9.

9. A mark that is contrary to public order or morality may still be registered because protection is granted
irrespective of the mode of expression, content or quality.
True
10.

10. A mark cannot be registered if 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 only similar to those with respect to which registration is applied for.
True
11.

11. The owner of a registered mark shall have the exclusive right to prevent all third parties not having the
owner's consent from using in the course of trade identical or similar signs or containers for goods or
services which are identical or similar to those in respect of which the trademark is registered where such
use would result in a likelihood of confusion, in all cases.
True
12.

12. Any person who believes that he would be damaged by the registration of a mark may, upon payment of the
required fee and within thirty (30) days after publication, file with the Office an to the
application.

Your response:
opposition


13. A certificate of registration of a mark shall be prima facie evidence of the following, save one:
validity of the registration
legal infirmity of confusingly similar marks. (correct answer, your response)
the registrants ownership of the mark,

the registrants exclusive right to use the same in connection with the goods or services and those that are
related thereto specified in the certificate.
14.

14. Registration of the mark shall not confer on the registered owner the right to preclude third parties from
using bona fide their names, addresses, pseudonyms, a geographical name, or exact indications concerning
the kind, quality, quantity, destination, value, place of origin, or time of production or of supply, of their
goods or services: Provided, That such use is confined to the purposes of mere identification or information
and cannot mislead the public as to the source of the goods or services.
False
15.

15. Section 123.3 which provides that The nature of the goods to which the mark is applied will not constitute
an obstacle to registration means that when a mark is used on a product that is immoral, deceptive or
scandalous matter, said mark cannot be registered.
True
16.

16. Section 123.2, which provides that As regards signs or devices mentioned in paragraphs (j), (k), and (l),
nothing shall prevent the registration of any such sign or device which has become distinctive in relation to
the goods for which registration is requested as a result of the use that have been made of it in commerce in
the Philippines. The Office may accept as prima facie evidence that the mark has become distinctive, as used
in connection with the applicants goods or services in commerce, proof of substantially exclusive and
continuous use thereof by the applicant in commerce in the Philippines for five (5) years before the date on
which the claim of distinctiveness is made defines the concept of:
secondary meaning (correct answer, your response)
holistic approach
dominant approach
doctrine of equivalents
none
17.

17. Where goods and/or services belonging to several classes of the Nice Classification have been included in
one (1) application, such an application shall result in _____ registration.
one (correct answer, your response)
two
multiple
omnibus
18.

18. The following mark is not generic:
it consists exclusively of signs that are generic for the goods or services that they seek to identify;

it 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;

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 only similar to
those with respect to which registration is applied for.
None. (your response)
19.

19. 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 it registered.

The following answer is acceptable:
collective mark

Your response:
Collective mark


20. The following mark may not be registrable as it may not acquire a secondary meaning:

it consists exclusively of signs or of indications that may serve in trade to designate the kind, quality,
quantity, intended purpose, value, geographical origin, time or production of the goods or rendering of
the services, or other characteristics of the goods or services;

it consists of shapes that may be necessitated by technical factors or by the nature of the goods
themselves or factors that affect their intrinsic value;

it 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;
None. (your response)
21.

21. A mark cannot be registered if it 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
True
False (your response)
22.

22. A mark that is identical with a registered mark belonging to a different proprietor or a mark with an earlier
filing or priority date, in respect of (i) The same goods or services, or (ii) Closely related goods or services, or
(iii) If it nearly resembles such a mark as to be likely to deceive or cause .

confusion

Your response:
confusion


23. Section 124.2 provides that The applicant or the registrant shall file a declaration of actual use of the mark
with evidence to that effect, as prescribed by the Regulations within years from the filing
date of the application. Otherwise, the application shall be refused or the mark shall be removed from the
Register by the Director.

The following answers are acceptable:
three
3
24.
Your response:
three


24. The IPO shall shall issue the certificate of registration upon the happening of all, save one, the following
events:
when the period for filing the opposition has expired
when the Director of Legal Affairs shall have denied the opposition,if any.
upon payment of the required fee.
upon publication in the IPO Gazette. (correct answer, your response)
25.

25. Goods or services may not be considered as being similar or dissimilar to each other on the ground that, in
any registration or publication by the Office, they appear in different classes of the Nice Classification.
False
26.

26. To protect trademark owners, the law provides that there shall be infringement of trademarks or tradenames
of imported or sold patented drugs and medicines allowed, as well as imported or sold off-patent drugs and
medicines: even if said drugs and medicines bear the registered marks that have not been tampered,
unlawfully modified, or infringed upon, as defined in the law.
True
27.

27. An application for registration of a mark filed in the Philippines by a person who is a national or who is
domiciled or has a real and effective industrial establishment in a country which is a party to any convention,
treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which
the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, and who
previously duly filed an application for registration of the same mark in one of those countries, shall be
considered as filed as of the day the application was first filed in the
foreign country. This provision describes: (your response)
Parity rights
Parental rights
priority rights
peremptory rights
28.

28. The exclusive right of the owner of a well-known mark defined in Subsection 123.1(e) which is registered in
the Philippines, shall not extend to goods and services which are not similar to those in respect of which the
mark is registered: Provided, That use of that mark in relation to those goods or services would indicate a
connection between those goods or services and the owner of the registered mark: Provided, further, That
the interests of the owner of the registered mark are likely to be damaged by such use. (
True
False
29.

29. In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be
proved.
True
False
30.

30. The Office may allow or require the applicant to an unregistrable component of an
otherwise registrable mark. However, such disclaimer shall not prejudice or affect the applicants or owners
rights then existing or thereafter arising in the disclaimed matter, nor such shall disclaimer prejudice or
affect the applicants or owners right on another application of later date if the disclaimed matter became
distinctive of the applicants or owners goods, business or services.

Your response:
blank answer


1. Lawrence Lessig has described the Internet, thus,For the holder of copyright, cyberspace appears to be the
worst of both worlds a place where the ability to copy could not be better, and where the protection of the
law could not be worse. (Lawrence Lessig, Code and Other Laws of Cyberspace). This means that:

There is little or no sanction for unauthorized copying; technology has provided the facility to copy like
never before. (correct answer, your response)

There is sufficient sanction for unauthorized copying; technology has provided adequate measures to
prevent copying.

There is little or no sanction for unauthorized technology; copying has provided the opportunity to poor
countries for learning.
None of the above.
2.

2. The recordal system of registration in the Copyright Office is different from the Trademark system of
registration in that

In the Trademark Register, the issuance of registration is ministerial upon submission of an application
that is complete in form and substance. (your response)

The National Library undertakes a procedure to verify the veracity of the claim of authorship by a
registrant with respect to a copyrightable work.

In the Trademark Register, there is a substantive examination conducted to determine the registrability
of copyrightable works.
None of the above.
3.

3. Copy control measures seek to control the use of protected content once users have access to the work.
Examples are: serial copy management systems for audio digital taping devices, and scrambling systems for
DVDs that prevent third parties from reproducing content without authorization.
False
4.

4. What is an affidavit evidence?

Your response:
an affidavit made before a notary public by or on behalf of the owner of the copyright in any work or other
subject matter and stating that:

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; and

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

"The affidavit shall be admitted in evidence in any proceedings under this Chapter and shall be prima facie
proof of the matters therein stated until the contrary is proved, and the court before which such affidavit is
produced shall assume that the affidavit was made by or on behalf of the owner of the copyright

Points earned: 0 out of 1 (Instructor review pending)

5. The U. S. Supreme Court in the Sony v. Universal Case, 464 U.S. 417 (1984), declared that the monopoly
granted to authors of copyrightable works to enjoy the fruits of their labor is neither unlimited nor
primarily designed to provide a special private benefit. It is understood to be a means to an end.
True. Public access to works is a means to protect special private benefit.

True. Special private benefit is a means to ensure and promote a public interest. (correct answer, your
response)
False. Special private benefit is a means to ensure and promote a public interest.
False. Public access to works is a means to protect special private benefit.
6.

6. Under the IP Code, the First-to-File Rule has been adopted for copyrightable works, trademarks and
patents.

True. If two (2) 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

False. An application for registration of a mark filed in the Philippines by a person referred to in Section
3 of the IP Code, and who previously duly filed an application for registration of the same mark in one of
those countries, shall be considered as filed as of the day the application was first filed in the foreign
country.
False. Copyright accrues from the moment of creation. (correct answer, your response)

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.
7.

7. 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

Lolita is obligated to share with Ramon the gross proceeds of the sale to the extent of 50% because
Ramon was an only son.
Lolita is not obligated to share with Ramon any amount because the Memoirs was hers alone.
Ramon is entitled to 5% of the gross proceeds as an heir. (correct answer, your response)
Ramon is not entitled to any share having been estranged from his father.
None of these.
8.

8. Under Section 216.1 (b) of the IP Code, if the copyright owner (or proprietor of related rights) decides not to
prove his damages and profits,
he losses the right to be able to recover damages;
he may opt to recover statutory damages before final judgment (correct answer, your response)

There is little or no sanction for unauthorized copying as technology has provided the facility to copy like
never before.
He may opt to avail of administrative remedies.
9.

9. 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.

Trademark rights are acquired through registration. (correct answer, your response)

The copyright of the treatise does not give to the author the exclusive right to the art or manufacture
described in his work.

The background and training of the contending authors were rejected by the Supreme Court as sufficient
None of the above.
10.

10. According to WIPO, Intellectual property is usually divided into two branches. Choose ALL correct answers.
Industrial property (correct answer, your response)
Copyright and related rights (correct answer, your response)
Trademarks
Inventions
Pharmaceuticals
utility models
11.

11. Rights Management Information, as defined in Article 12 (2) of the WCT and Article 19 (2) of the WPPT,
are:

items of information that are attached to a copy of a work, fixed performance or phonogram or which
appear in connection with the communication thereof to the public. Such information may identify the
work and its author, or the performance and its performer, the phonogram and its producer, the owner of
any right in the performance or phonogram, or information about the terms and conditions of use of the
work, performance or phonogram, and any numbers or codes that represent such information.

serial copy management systems for audio digital taping devices, and scrambling systems for DVDs that
prevent third parties from reproducing content without authorization.

an electronic or similar device having information-processing capabilities, and a sets of instructions
expressed in words, codes, schemes or in any other form, which is capable when incorporated in a
medium that the computer can read, or causing the computer to perform or achieve a particular task or
result; (your response)

works, which, with the consent of the authors, are made available to the public by wire or wireless means
in such a way that members of the public may access these works from a place and time individually
chosen by them.

works created by an officer or employee of the Philippine Government or any of its subdivisions and
instrumentalities, including government-owned or controlled corporations as part of his regularly
prescribed official duties.
12.

12. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF APPEALS, SUNSHINE HOME VIDEO,
INC. and DANILO A. PELINDARIO, respondents., [G.R. No. 110318. August 28, 1996.], it was held that It is
evidently incorrect to suggest, as the ruling in 20th Century Fox may appear to do, that in copyright
infringement cases, the presentation of master tapes of the copyrighted films is always necessary to meet the
requirement of probable cause and that, in the absence thereof, there can be no finding of probable cause for
the issuance of a search warrant. Xxx The foregoing statement was made because:

The obtainment of a license prescribed by Section 125 of the Corporation Code is not a condition
precedent to the maintenance of any kind of action in Philippine courts by foreign corporation.

The word 'perform' as used in the Act has been applied to "One who plays a musical composition on a
piano, thereby producing in the air sound waves which are heard as music . . . and if the instrument he
plays on is a piano plus a broadcasting apparatus, so that waves are thrown out, not only upon the air,
but upon the other, then also he is performing the musical composition." (Buck, et al. v. Duncan, et al.;
Same v. Jewell-La Salle Realty Co., 32F. 2d. Series 367). (your response)

To be able to effectively and legally preclude others from copying and profiting from the invention, a
patent is a primordial requirement.
None of the above.
13.

13. Under the IP Code, the term "intellectual property rights" consists of the following. CHOOSE ALL CORRECT
ANSWERS.
Copyright and Related Rights (correct answer, your response)
Trademarks and Service Marks (correct answer, your response)
Geographic Indications (correct answer, your response)
Industrial Designs (correct answer, your response)
Patents (correct answer, your response)
Layout-Designs of Integrated Circuits (correct answer, your response)
Undisclosed Information (correct answer, your response)
Fashion Designs
Commercial Properties
International conventions
Mechanical Lay-outs
Architectural plans
Inter-disciplinary Models
Service Manuals
Financial Indications
14.

14. Under Section 216.1 (b), in case the infringer was not aware and had no reason to believe that his acts
constitute an infringement of copyright, the court, in its discretion, may reduce the award of statutory
damages to a sum of not more than Ten Thousand Pesos (Php10,000.00), even when the infringer
circumvents effective technological measures.
True
15.

15. Patents to protect inventions; and industrial designs, which are aesthetic creations determining the
appearance of industrial products, as well as trademarks, service marks, layout-designs of integrated
circuits, commercial names and designations, geographical indications, and protection against unfair
competition fall under:
Industrial property (correct answer, your response)
Lay-out designs of integrated circuits
Pharmaceuticals
Commercial Property
16.

16. The term of protection for works of applied art is:
Lifetime of the author, plus fifty (50) years after his death.
Twenty-five (25) years from the date of making. (correct answer, your response)
Fifty (50) years from date of publication and, if unpublished, from the date of making.
None of the above.
17.

damages to a sum of not more than Ten Thousand Pesos (Php10,000.00), except when the infringer, having
reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, remove or alter
any electronic rights management information from a copy of a work, sound recording, or fixation of a
performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies
of works without authority, knowing that electronic rights management information has been removed or
altered without authority. In such a case, the award of damages shall be:
double the reduced statutory damages;
double the statutory damages provided in case of infringement, absent any good faith; (your response)
triple the reduced statutory damages;
triple the statutory damages provided in case of infringement, absent any good faith;
18.

18. Under the amended Section 217.2, it is provided that the medium penalties stated in Section 217.1 (a), (b)
and (c) shall be imposed when the infringement is committed by the removal or alteration of any electronic
rights management information from a copy of a work, sound recording, or fixation of a performance, by a
person, knowingly and without authority.
True
19.

19. Notwithstanding the provisions of Subsection 177.1, any library or archive whose activities are not for profit
may, without the authorization of the author or copyright owner, make a ___________ number of copies
of the work, as may be necessary for such institutions to fulfill their mandate, by reprographic reproduction:

limited (correct answer, your response)
multiple
one
two
unlimited
20.

20. In 1841, Thomas Babington MacCaulay, in a speech delivered on the floor of the House of Commons,
declared:

"It is good that authors should be remunerated; and the least exceptionable way of remunerating them is by
a monopoly. Yet monopoly is an evil. For the sake of the good we must submit to the evil; but the evil ought
not to last a day longer than is necessary for the purpose of securing the good."

MacCaulay is justifying the grant of monopoly to authors. (correct answer, your response)
MacCaulay is condemning authors for espousing monopoly.
MacCaulay believes that evil cannot be justified under any circumstance.
MacCaulay is taking exception from or disagrees with the proposition that authors must be remunerated.
21.

21. The term WIPO Internet Treaties is used to refer to the WIPO Copyright Treaty and the WIPO
Performances and Phonograms Treaty, to address issues emerging out of the digital environment and to
provide protection to domain name disputes and conflicts in the Internet.
True
22.

22. Copyright shall consist of the exclusive right to carry out, authorize or prevent public performance of a work.
However, the recitation or performance of a work, once it has been lawfully made accessible to the public, if
done privately and free of charge or if made strictly for a charitable or religious institution or society, will not
constitute infringement.
These two statements are inconsistent and conflict with one another.

Copyright allows some monopoly subject to some limitations provided by law. (correct answer, your
response)

Copyright subsists from the moment of creation; hence, no formal acts need be done to enjoy legal
protection.

Copyright subsists from the moment of creation; nevertheless, registration is required to enjoy legal
protection.
23.

23. 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:

She has every legal right to collect from Garbage Publications because she owns the Memoirs.

She has no legal right to collect because the mere ownership of the Memoirs does not mean that she owns
the copyright to the Memoirs. (correct answer, your response)
She has the legal right to be declared by a court of law as the owner copyright over the Memoirs.
None of these.
24.

24. In Elidad Kho versus CA, the Supreme Court said that For some reason or another, petitioner never secured
a patent for the light boxes. It therefore acquired no patent rights which could have protected its invention, if
in fact it really was. And because it had no patent, petitioner could not legally prevent anyone from
manufacturing or commercially using the contraption.
False
25.

25. Copyright itself does not depend on official procedures. A created work is considered protected by copyright
as soon as it exists. According to the Berne Convention for the Protection of Literary and Artistic Works,
literary and artistic works are protected without any formalities in the countries party to that Convention.

True. Thus, WIPO does not offer any kind of copyright registration system. (correct answer, your
response)
False. Thus, WIPO offers a system of International Trademark Registration.
False.Thus, WIPO offers a system of International Copyright Registration.
True.Thus, WIPO does not support a system of International Trademark Registration.
26.

26. In the case of a work-commissioned by a person other than an employer of the author 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 work, but the copyright thereto shall remain with the creator, unless there is a written
stipulation to the contrary.
False
27.

27. Peter Fowler secured a copyright over his drawing of an advertising display stand under the classification
class"O" work, which covers prints, pictorial illustrations, advertising copies, labels, tags, and box wraps.
This being so, Peter's copyright protection extended only to the technical drawings and not to the stand itself
because the latter was not at all in the category of "prints, pictorial illustrations, advertising copies, labels,
tags and box wraps." Stated otherwise, even as Peter indeed owned a valid copyright, the same could have
referred only to the technical drawings within the category of "pictorial illustrations." It also have possibly
stretched out to include the underlying advertising stand.
True
28.

28. Lawrence Lessig has described the Internet, thus,For the holder of copyright, cyberspace appears to be the
worst of both worlds a place where the ability to copy could not be better, and where the protection of the
law could not be worse. (Lawrence Lessig, Code and Other Laws of Cyberspace). This means that:

There is little or no sanction for unauthorized copying; technology has provided the facility to copy like
never before. (correct answer, your response)

There is sufficient sanction for unauthorized copying; technology has provided adequate measures to
prevent copying.

There is little or no sanction for unauthorized technology; copying has provided the opportunity to poor
countries for learning.
None of the above.
29.

29. Moral rights pertain to
Paternity and Filiation
Accountability and Integrity
Attribution and integrity (correct answer, your response)
Retribution and Punishment
All of the above.
30.

30. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited
number of copies for classroom use, scholarship, research, and similar purposes is not an infringement of
copyright. , which is understood here to be the reproduction of the code and translation of
the forms of a computer program to achieve the inter-operability of an independently created computer
program with other programs may also constitute fair use under the criteria established by this section, to
the extent that such decompilation is done for the purpose of obtaining the information necessary to achieve
such inter-operability.

Decompilation

Your response:
decompilation


31. Jessie holds a copyright registration for a Utility Model, Leaf Spring Eye Bushing for Automobile made up
of plastic. It is described as

comprising a generally cylindrical body having a co-axial bore that is centrally located and provided with a
perpendicular flange on one of its ends and a cylindrical metal jacket surrounding the peripheral walls of
said body, with the bushing made of plastic that is either polyvinyl chloride or polypropylene.[31] Likewise,
the Vehicle Bearing Cushion is illustrated as a bearing cushion comprising a generally semi-circular body
having a central hole to secure a conventional bearing and a plurality of ridges provided therefore, with said
cushion bearing being made of the same plastic materials.

Jennifer produced and distributed similar bushings. Jessie sued for copyright infringement. The suit will not
prosper because:

The bushings are not intellectual creations in the literary and artistic domain, or works of applied
art. They are certainly not ornamental designs or one having decorative quality or value.

The bushings are useful articles which have an intrinsic utilitarian function that is not merely to portray
the appearance of the article or to convey information.
A and B (correct answer, your response)
None of these.
32.

32. Copy control measures seek to control the use of protected content once users have access to the work.
Examples are: serial copy management systems for audio digital taping devices, and scrambling systems for
DVDs that prevent third parties from reproducing content without authorization.
True
33.

33. Examples of access control TPM include: cryptography, passwords, and digital signatures. In short, these
measures are deployed to ensure unlimited access to protected content to users who are authorized to such
access.
True
34.

34. Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the
literary and artistic domain protected from the moment of their creation. Which among the following
properties does not belong?
Dan Brown's Da Vinci Code
Classroom Lecture of Atty. Rodroguez, not reduced in writing
Inquirer Libre
Leah Salonga's rendition of "Can We Just Stop and Talk a While?" (correct answer, your response)
None of these.
35.

35. Under Section 216.1 (b) of the IP Code, if the copyright owner (or proprietor of related rights) decides not to
prove his damages and profits,
he may opt to recover statutory damages before final judgment (correct answer, your response)

There is little or no sanction for unauthorized copying as technology has provided the facility to copy like
never before.
36.

36. Examples of access control TPM include: cryptography, passwords, and digital signatures. In short, these
measures are deployed to ensure unlimited access to protected content to users who are authorized to such
access.
False
37.

37. 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.


Requires the presentation of master tapes as enunciated in the case of 20TH CENTURY FOX FILM
CORPORATION, petitioner, vs. COURT OF APPEALS, EDUARDO M. BARRETO, RAUL SAGULLO and
FORTUNE LEDESMA, [G.R. Nos. L-76649-51. August 19, 1988.]
May be delegated to a Commissioner under the 1997 Rules of Civil procedure.

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. (correct answer, your response)
None of the above.
38.

38. The term of protection for audio-visual works including those produced by process analogous to
photography or any process for making audio-visual recordings is:

Fifty (50) years from date of publication and, if unpublished, from the date of making. (correct answer,
your response)
None of the above.
39.

INC. and DANILO A. PELINDARIO, respondents., [G.R. No. 110318. August 28, 1996.], it was held that It is
evidently incorrect to suggest, as the ruling in 20th Century Fox may appear to do, that in copyright
infringement cases, the presentation of master tapes of the copyrighted films is always necessary to meet the
requirement of probable cause and that, in the absence thereof, there can be no finding of probable cause for
the issuance of a search warrant. Xxx The foregoing statement was made because:

The obtainment of a license prescribed by Section 125 of the Corporation Code is not a condition
precedent to the maintenance of any kind of action in Philippine courts by foreign corporation.

The word 'perform' as used in the Act has been applied to "One who plays a musical composition on a
piano, thereby producing in the air sound waves which are heard as music . . . and if the instrument he
plays on is a piano plus a broadcasting apparatus, so that waves are thrown out, not only upon the air,
but upon the other, then also he is performing the musical composition." (Buck, et al. v. Duncan, et al.;
Same v. Jewell-La Salle Realty Co., 32F. 2d. Series 367).

To be able to effectively and legally preclude others from copying and profiting from the invention, a
patent is a primordial requirement.
None of the above. (correct answer, your response)
40.

40. The IP Code is
Rep Act No 8293 (correct answer, your response)
PD 49
Rep Act No 9239
Rep Act 100372
Rep Act No 10088
41.

INC. and DANILO A. PELINDARIO, respondents., [G.R. No. 110318. August 28, 1996.], the thrust of the
ruling is to the effect that The essence of a copyright infringement is the similarity or at least substantial
similarity of the purported pirated works to the copyrighted work. Hence, the applicant must present to the
court the copyrighted films to compare them with the purchased evidence of the video tapes allegedly pirated
to determine whether the latter is an unauthorized reproduction of the former. This linkage of the
copyrighted films to the pirated films must be established to satisfy the requirements of probable cause.
Mere allegations as to the existence of the copyrighted films cannot serve as basis for the issuance of a search
warrant.

True. In the absence thereof, there can be no finding of probable cause for the issuance of a search
warrant.

False. 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. (correct answer, your response)

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.

False. In the absence thereof, there can be no finding of probable cause for the issuance of a search
warrant.
42.

42. Yvonne
43. 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:
The school as an educational institution cannot be sued in court.

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;
(correct answer, your response)
Any play performed by a high school is educational and qualifies as fair use.
None of the above.
44.

43. Under the amended Section 216.1 (b), an infringer shall be liable for actual damages and profits. In cases
where he a) circumvents effective technological measures; or b) having reasonable grounds to know that it
will induce, enable, facilitate or conceal the infringement, removes or alters any electronic rights
management information from a copy of a work, sound recording, or fixation of a performance, or distribute,
import for distribution, broadcast, or communicate to the public works or copies of works without authority,
knowing that electronic rights management information has been removed or altered without authority, the
infringer shall be liable for triple the amount of damages.
True
44.

44. Copyright, in the strict sense of the term, is purely a statutory right. It is a new or independent right granted
by the statute, and not simply a pre-existing right regulated by the statute. Being a statutory grant, the rights
are only such as the statute confers, and may be obtained and enjoyed only with respect to the subjects and
by the persons, and on terms and conditions specified in the statute.

Since . . . copyright in published works is purely a statutory creation, a copyright may be obtained only for a
work falling within the statutory enumeration or description.

The foregoing was cited by the Supreme Court in Joaquin versus Drilon, G.R. No. 108946. January 28, 1999,
to arrive at the conclusion that the format or mechanics of a television show is not included in the list of
protected works xxx. The legal basis is

The copyright is distinct from the property in the material object subject to it. Consequently, the transfer
or assignment of the copyright shall not itself constitute a transfer of the material object. Nor shall a
transfer or assignment of the sole copy or of one or several copies of the work imply transfer or
assignment of the copyright.

Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any
idea, procedure, system method or operation, concept, principle, discovery or mere data as such, even if
they are expressed, explained, illustrated or embodied in a work; news of the day and other
miscellaneous facts having the character of mere items of press information; or any official text of a
legislative, administrative or legal nature, as well as any official translation thereof. (correct answer, your
response)

In an action under this Chapter, an affidavit made before a notary public by or on behalf of the owner of
the copyright in any work or other subject matter and stating that: (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; and (c) The copy of the work or other subject matter annexed thereto is a true copy
thereof, shall be admitted in evidence in any proceedings for an offense under this Chapter and shall be
prima facie proof of the matters therein stated until the contrary is proved, and the court before which
such affidavit is produced shall assume that the affidavit was made by or on behalf of the owner of the
copyright.

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 an infringement of copyright.
45.

45. 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.

As counsel for Frederick Perez, on whether copyright infringement has been committed, you would advise
him:
To immediately sue for copyright infringement of his book, The Secret of Beauty.

To first register and make a deposit of his book with the National Library, so that he can sue for
infringement.

To relax because no copyright infringement has been committed by Frederick Lopez. (correct answer,
your response)
To sue because the acts of Frederick Lopez may be considered as unfair use.
46.

46. The reproduction and communication to the public of literary, scientific or artistic works as part of reports of
current events by means of photography, cinematography or broadcasting to the extent necessary for the
purpose shall not constitute infringement of copyright.
False
47.

47. 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:
Befitting of applause and admiration.
Simply charitable. (correct answer, your response)
For profit and gain.
Literary and artistic.
48.

48. 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.

You advise Rose Publishing to file an action for performance or rescission with damages, in either case,
under the provisions of the New Civil Code.

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. (correct answer, your response)

You advise Rose Publishing to secure from Kyle his permission to use his name to by-line articles written
by another person

You advise Rose Publishing that infringement of a copyright is a trespass on a private domain owned and
occupied by the owner of the copyright, and, therefore, protected by law.
49.

49. 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. (correct answer, your
response)
Thirty (30) years from the end of the year in which they took place.
None of the above.
50.

50. 171.10. A is an artistic creation with utilitarian functions or incorporated in a useful
article, whether made by hand or produced on an industrial scale;

work of applied art

Your response:
work of applied art


51. Works are protected by the sole fact of their , irrespective of their mode or form of
expression, as well as of their content, quality and purpose. (Sec. 2, P. D. No. 49a)

creation

Your response:
creation


52. Under ARTICLE XII on NATIONAL ECONOMY AND PATRIMONY, Section 14 of the Constitution, it is
provided that The sustained development of a reservoir of national talents consisting of Filipino scientists,
entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen
in all fields shall be ________ by the State. The State shall encourage appropriate technology and regulate
its transfer for the national benefit. The practice of all
professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.
promoted (correct answer, your response)
encouraged
understood
deemphasized
53.

53. 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 as wells the right to control the reconstruction or rehabilitation in the same style as
False
54.

54. 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?
No, because while he has and is living his life, his story has yet to be told.

Yes, because it's clear that the story of his life is empty. His book more than eloquently expresses such
emptiness.
No, because, if you only know, his life is a tapestry of scandals, wild sex, shame and undeserved fortunes.

Yes, because every man has a copyright over his life. The telling of his story comes a little later. (your
response)
None of these.
55.

55. Collections of literary, scholarly or artistic works, and compilations of data and other materials may be
considered as new works if they are original by reason of the * of their contents. Choose ALL correct answers.
selection (correct answer, your response)
coordination (correct answer, your response)
arrangement (correct answer, your response)
choreography
reproduction
usefulness
visibility
popularity
56.

56. Jose Poloyapoy sold to Kislap Publishing (Kislap) a manuscript containing his adventures in scaling the
heights of Mt. Everest. Kislap then published his manuscript claiming that it has acquired the copyright in
and to Joses written adventure stories. Kislaps contention is wrong because:

A transfer or assignment of the sole copy or of one or several copies of a work does not imply transfer or
assignment of the copyright. (correct answer, your response)

The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for
publication shall constitute only a license to make a single publication unless a greater right is expressly
granted.
The copyright is identical with the property in the material object subject to it.
The copyright may be assigned in whole or in part.
57.

57. Dillman Publishing Company commissioned Braille experts to transcribe popular novels, like the Twilight,
Harry Potter and Lord of the Ring series, into Braille. It made sure that the respective authors were
properly informed of the project and cited in the finished products. Believing that the project was ahead-of-
its-time, Dillman Publishing intended to the the books at a premium. Would it be violating any copyright?

No. 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 does not constitute a violation of
copyright.

No. Dillman Publishing indicated the copyright owners and the date of the original publication of the
transcribed books.

Yes. The provisions of the law shall be interpreted in such a way as to allow the work to be used in a
manner which does not conflict with the normal exploitation of the work and does not unreasonably
prejudice the right holder's legitimate interest.

Yes. Dillman Publishing sold and distributed the Braille-formatted books for profit. (correct answer, your
response)
None of the above.
58.

58. 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


"The proposition is peace. Not peace through the medium of war; not peace to be hunted through the
labyrinth of intricate and endless negotiations; not peace to arise out of universal discord, fomented from
principle, in all parts of the empire; not peace to depend on the juridical determination of perplexing
questions, or the precise marking of the boundary of a complex government. It is simple peace; sought in
its natural course, and in its ordinary haunts. It is peace sought in the spirit of peace, and laid in
principles purely pacific.

If so much is taken that the value of the original work is substantially diminished, there is an
infringement of copyright and to an injurious extent, the work is appropriated. (correct answer, your
response)

Copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the
public performance of the work; and other communication to the public of the work.

In case of works of joint authorship, the economic rights shall be protected during the life of the last
surviving author and for fifty (50) years after his death.
59.

damages to a sum of not more than Ten Thousand Pesos (Php10,000.00), except when the infringer, having
reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, remove or alter
any electronic rights management information from a copy of a work, sound recording, or fixation of a
performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies
of works without authority, knowing that electronic rights management information has been removed or
altered without authority. In such a case, the award of damages shall be:
double the reduced statutory damages; (correct answer, your response)
double the statutory damages provided in case of infringement, absent any good faith;
triple the statutory damages provided in case of infringement, absent any good faith;
60.

60. 171.5. is the transfer of possession of the original or a copy of a work or sound recording
for a limited period, for non-profit purposes, by an institution the services of which are available to the
public, such as public library or archive;

Public lending

Your response:
public lending


61. The term WIPO Internet Treaties is used to refer to the WIPO Copyright Treaty and the WIPO
Performances and Phonograms Treaty, to address issues emerging out of the digital environment and to
provide protection to domain name disputes and conflicts in the Internet.
True
62.

62. Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by
a legal practitioner shall constitute infringement of copyright.
True
63.

63. 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
Patentability
Paternity
Copyright protection (correct answer, your response)
Industrial applicability
Novelty
64.

64. The rights of copyright are limited to what the statute confers. They may be obtained and enjoyed only with
respect to the subjects and by the-persons, and on terms and conditions specified in the statute. Accordingly:

it can cover only the works falling within the statutory enumeration or description. (correct answer, your
response)
it can cover also the works falling beyond the statutory enumeration or description.
it can cover all the works falling outside the statutory enumeration or description.
None of the above.
65.

65. The private reproduction of a published work in a single copy, where the reproduction is made by a natural
person exclusively for research and private study, shall be permitted, without the authorization of the owner
of copyright in the work, EXCEPT IN THE FOLLOWING CASES: Choose ALL correct answers.
A work of architecture in form of building or other construction (correct answer, your response)

An entire book, or a substantial part thereof, or of a musical work in which graphics form by reprographic
means; (correct answer, your response)

Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the
work (correct answer, your response)
Any work in cases where reproduction would not prejudice the legitimate interests of the author.
All of the these.
66.

66. 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:

Forget it. Okoda already made money from preparing the plans. By accepting such payment, Okoda gave
Roben the right to construct the building based on his plan.

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. (correct answer, your response)

Advise Okoda that the private reproduction of a work of architecture in form of building even in a single
copy by a natural person and even for exclusively for research and private study, shall not be permitted,
without his authorization.
All of the above.
67.

67. The term of protection for copyrighted works under Sections 172 and 173 is:
Lifetime of the author, plus fifty (50) years after his death. (correct answer, your response)
Fifty (50) years from date of publication and, if unpublished, from the date of making.
None of the above.
68.

68. Public display of the original or a copy of the work not made by means of a film, slide, television image or
otherwise on screen or by means of any other device or process shall not constitute infringement of
copyright. Provided, That either the work has been published, or, that original or the copy displayed has
been sold, given away or otherwise transferred to another person by the author or his successor in title.
True
69.

69. Copyright, in the strict sense of the term, is purely a right. As such, the rights are limited to
what the statute confers. It may be obtained and enjoyed only with respect to the subjects and by the-
persons, and on terms and conditions specified in the statute.

statutory

Your response:
statutory


70. Sec. 188. Reprographic Reproduction by Libraries. - 188.1 Notwithstanding the provisions of Subsection
177.1, any library or archive whose activities are not for profit may, ________ the authorization of the
author or copyright owner, make a limited number of copies of the work, as may be necessary for such
institutions to fulfill their mandate, by reprographic reproduction.
With
without (correct answer, your response)
together
outside of
provided that
71.

1. The U. S. Supreme Court in the Sony v. Universal Case, 464 U.S. 417 (1984),
declared that the monopoly granted to authors of copyrightable works to enjoy
the fruits of their labor is neither unlimited nor primarily designed to provide a
special private benefit. It is understood to be a means to an end.

True. Special private benefit is a means to ensure and promote a public
interest. (correct answer, your response)

False. Special private benefit is a means to ensure and promote a public
interest.


2. 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:

Simply charitable. (correct answer, your
response)
Literary and artistic.
Befitting of applause and admiration.
For profit and gain.


3. The recordal system of registration in the Copyright Office is different from the
Trademark system of registration in that

In the Trademark Register, the issuance of registration is ministerial upon
submission of an application that is complete in form and substance.

The National Library undertakes a procedure to verify the veracity of the
claim of authorship by a registrant with respect to a copyrightable work.
(your response)

In the Trademark Register, there is a substantive examination conducted to
determine the registrability of copyrightable works.
None of the above. (correct answer)


4. In 1841, Thomas Babington MacCaulay, in a speech delivered on the floor of the
House of Commons, declared:

"It is good that authors should be remunerated; and the least exceptionable way
of remunerating them is by a monopoly. Yet monopoly is an evil. For the sake of
the good we must submit to the evil; but the evil ought not to last a day longer
than is necessary for the purpose of securing the good."

MacCaulay is taking exception from or disagrees with the proposition that
authors must be remunerated.
MacCaulay is condemning authors for espousing monopoly.

MacCaulay is justifying the grant of monopoly to authors. (correct answer,
your response)
MacCaulay believes that evil cannot be justified under any circumstance.


5. 187.2. The permission granted under Subsection 187.1 (the private reproduction
of a published work in a single copy, where the reproduction is made by a
natural person exclusively for research and private study) shall not extend to a
computer program except as provided in Section 189;
True (correct answer, your
response)
False


6. 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:
The school as an educational institution cannot be sued in court.

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; (correct answer,
your response)
Any play performed by a high school is educational and qualifies as fair use.
None of the above.


7. Moral rights pertain to
Paternity and Filiation
Accountability and Integrity

Attribution and integrity (correct answer, your
response)
Retribution and Punishment
All of the above.


8. 172.1 Literary and artistic works are intellectual creations in
the literary and artistic domain protected from the moment of their creation.

original

Your response:
ORIGINAL


9. 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.

Trademark rights are acquired through registration. (correct answer)

The copyright of the treatise does not give to the author the exclusive right to
the art or manufacture described in his work.

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.
None of the above. (your response)


10. In Elidad Kho versus CA, the Supreme Court said that For some reason
or another, petitioner never secured a patent for the light boxes. It therefore
acquired no patent rights which could have protected its invention, if in fact it
really was. And because it had no patent, petitioner could not legally prevent
anyone from manufacturing or commercially using the contraption.
response)
False


11. Lawrence Lessig has described the Internet, thus,For the holder of copyright,
cyberspace appears to be the worst of both worlds a place where the ability to
copy could not be better, and where the protection of the law could not be
worse. (Lawrence Lessig, Code and Other Laws of Cyberspace). This means
that:

There is little or no sanction for unauthorized copying; technology has
provided the facility to copy like never before. (correct answer, your
response)

There is sufficient sanction for unauthorized copying; technology has
provided adequate measures to prevent copying.

There is little or no sanction for unauthorized technology; copying has
provided the opportunity to poor countries for learning.
None of the above.


12. The private reproduction of a published work in a single copy, where the
reproduction is made by a natural person exclusively for research and private
study, shall be permitted, without the authorization of the owner of copyright in
the work, EXCEPT IN THE FOLLOWING CASES: Choose ALL correct answers.

A work of architecture in form of building or other construction (correct
All of the these.

Any work in cases where reproduction would not prejudice the legitimate
interests of the author. (your response)

Any work in cases where reproduction would unreasonably conflict with a
normal exploitation of the work (correct answer)

An entire book, or a substantial part thereof, or of a musical work in which
graphics form by reprographic means; (correct answer, your response)


13. The publisher of a book, in addition to the right to publish, shall have a
copyright consisting merely of the right of:

reproduction of the typographical arrangement of the published edition of the
work (correct answer, your response)
adaptation of the musical arrangement of the published edition of the work

reproduction of the technical arrangement of the published edition of the
work
transformation of the published edition of the work


14. Pia Bautista, as the vocalist of a band, plans to perform five original songs
composed by Alex Pormento during a concert at the UP Theater for the benefit
of the Philippine Red Cross. These songs were never recorded, publicly played or
performed before by anyone, anywhere. What should Pia do to ensure that she
commits no copyright violation?

Change the venue to a private place.
Do not charge for the show or otherwise make profit.

Make the concert strictly for a charitable or religious institution or society.
(your response)
Get permission from Alex to perform the songs.


15.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:

Forget it. Okoda already made money from preparing the plans. By accepting
such payment, Okoda gave Roben the right to construct the building based on
his plan.

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. (correct

Advise Okoda that the private reproduction of a work of architecture in form
of building even in a single copy by a natural person and even for exclusively
for research and private study, shall not be permitted, without his
authorization.
All of the above.


16. Jose Poloyapoy sold to Kislap Publishing (Kislap) a manuscript
containing his adventures in scaling the heights of Mt. Everest. Kislap then
published his manuscript claiming that it has acquired the copyright in and to
Joses written adventure stories. Kislaps contention is wrong because:

The copyright is identical with the property in the material object subject to
it.

A transfer or assignment of the sole copy or of one or several copies of a work
does not imply transfer or assignment of the copyright. (correct answer, your
response)
The copyright may be assigned in whole or in part.

The submission of a literary, photographic or artistic work to a newspaper,
magazine or periodical for publication shall constitute only a license to make
a single publication unless a greater right is expressly granted.


17. The U. S. Supreme Court in the Sony v. Universal Case, 464 U.S. 417 (1984),
declared that the monopoly granted to authors of copyrightable works to enjoy
the fruits of their labor is neither unlimited nor primarily designed to provide a
special private benefit. It is understood to be a means to an end.

True. Special private benefit is a means to ensure and promote a public
interest. (correct answer, your response)

False. Special private benefit is a means to ensure and promote a public
interest.


18. According to WIPO, Intellectual property is usually divided into two
branches. Choose ALL correct answers.

Copyright and related rights (correct
answer)
Pharmaceuticals
utility models
Inventions

Industrial property (correct answer, your
response)
Trademarks


19. Rights Management Information, as defined in Article 12 (2) of the
WCT and Article 19 (2) of the WPPT, are:

items of information that are attached to a copy of a work, fixed
performance or phonogram or which appear in connection with the
communication thereof to the public. Such information may identify the work
and its author, or the performance and its performer, the phonogram and its
producer, the owner of any right in the performance or phonogram, or
information about the terms and conditions of use of the work, performance
or phonogram, and any numbers or codes that represent such information.
serial copy management systems for audio digital taping devices, and
scrambling systems for DVDs that prevent third parties from reproducing
content without authorization.

an electronic or similar device having information-processing capabilities,
and a sets of instructions expressed in words, codes, schemes or in any other
form, which is capable when incorporated in a medium that the computer can
read, or causing the computer to perform or achieve a particular task or
result;

works, which, with the consent of the authors, are made available to the
public by wire or wireless means in such a way that members of the public
may access these works from a place and time individually chosen by them.

works created by an officer or employee of the Philippine Government or any
of its subdivisions and instrumentalities, including government-owned or
controlled corporations as part of his regularly prescribed official duties.


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:

She has every legal right to collect from Garbage Publications because she
owns the Memoirs.

She has no legal right to collect because the mere ownership of the Memoirs
does not mean that she owns the copyright to the Memoirs. (correct answer,
your response)

She has the legal right to be declared by a court of law as the owner copyright
over the Memoirs.
None of these.


21. Copyright shall consist of the exclusive right to carry out, authorize or
prevent public performance of a work. However, the recitation or performance
of a work, once it has been lawfully made accessible to the public, if done
privately and free of charge or if made strictly for a charitable or religious
institution or society, will not constitute infringement.

Copyright allows some monopoly subject to some limitations provided by
law. (correct answer, your response)

Copyright subsists from the moment of creation; hence, no formal acts need
be done to enjoy legal protection.

Copyright subsists from the moment of creation; nevertheless, registration is
required to enjoy legal protection.
These two statements are inconsistent and conflict with one another.


22. Examples of access control TPM include: cryptography, passwords,
and digital signatures. In short, these measures are deployed to ensure
unlimited access to protected content to users who are authorized to such
access.
True
False (correct answer, your
response)


23. Under Section 216.1 (b), in case the infringer was not aware and had no
reason to believe that his acts constitute an infringement of copyright, the
court, in its discretion, may reduce the award of statutory damages to a sum of
not more than Ten Thousand Pesos (Php10,000.00), except when the infringer,
having reasonable grounds to know that it will induce, enable, facilitate or
conceal the infringement, remove or alter any electronic rights management
information from a copy of a work, sound recording, or fixation of a
performance, or distribute, import for distribution, broadcast, or communicate
to the public works or copies of works without authority, knowing that electronic
rights management information has been removed or altered without authority.
In such a case, the award of damages shall be:
double the reduced statutory damages; (correct answer)

double the statutory damages provided in case of infringement, absent any
good faith; (your response)

triple the statutory damages provided in case of infringement, absent any
good faith;


24. Under ARTICLE XII on NATIONAL ECONOMY AND PATRIMONY,
Section 14 of the Constitution, it is provided that The sustained development of
a reservoir of national talents consisting of Filipino scientists, entrepreneurs,
professionals, managers, high-level technical manpower and skilled workers and
craftsmen in all fields shall be ________ by the State. The State shall
encourage appropriate technology and regulate its transfer for the national
benefit. The practice of all

professions in the Philippines shall be limited to Filipino citizens, save in
cases prescribed by law.
promoted (correct answer, your response)
encouraged
understood
deemphasized


respondents., [G.R. No. 110318. August 28, 1996.], the thrust of the ruling is to
the effect that The essence of a copyright infringement is the similarity or at
least substantial similarity of the purported pirated works to the copyrighted
work. Hence, the applicant must present to the court the copyrighted films to
compare them with the purchased evidence of the video tapes allegedly pirated
to determine whether the latter is an unauthorized reproduction of the former.
This linkage of the copyrighted films to the pirated films must be established to
satisfy the requirements of probable cause. Mere allegations as to the existence
of the copyrighted films cannot serve as basis for the issuance of a search
warrant.

False. In the absence thereof, there can be no finding of probable cause for
the issuance of a search warrant.

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.

True. In the absence thereof, there can be no finding of probable cause for the
issuance of a search warrant.

False. 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. (correct answer,
your response)


26. 171.10. A is an artistic creation with utilitarian
functions or incorporated in a useful article, whether made by hand or produced
on an industrial scale;

work of applied art

Your response:
work of applied art


27. Under the amended Section 216.1 (b), an infringer shall be liable for
actual damages and profits. In cases where he a) circumvents effective
technological measures; or b) having reasonable grounds to know that it will
induce, enable, facilitate or conceal the infringement, removes or alters any
electronic rights management information from a copy of a work, sound
recording, or fixation of a performance, or distribute, import for distribution,
broadcast, or communicate to the public works or copies of works without
authority, knowing that electronic rights management information has been
removed or altered without authority, the infringer shall be liable for triple the
amount of damages.
True
response)


28. Copyright, in the strict sense of the term, is purely a statutory right. It is a
new or independent right granted by the statute, and not simply a pre-existing
right regulated by the statute. Being a statutory grant, the rights are only such as
the statute confers, and may be obtained and enjoyed only with respect to the
subjects and by the persons, and on terms and conditions specified in the
statute.

Since . . . copyright in published works is purely a statutory creation, a copyright
may be obtained only for a work falling within the statutory enumeration or
description.

The foregoing was cited by the Supreme Court in Joaquin versus Drilon, G.R.
No. 108946. January 28, 1999, to arrive at the conclusion that the format or
mechanics of a television show is not included in the list of protected works xxx.
The legal basis is

Notwithstanding the provisions of Sections 172 and 173, no protection shall
extend, under this law, to any idea, procedure, system method or operation,
concept, principle, discovery or mere data as such, even if they are expressed,
explained, illustrated or embodied in a work; news of the day and other
miscellaneous facts having the character of mere items of press information;
or any official text of a legislative, administrative or legal nature, as well as
any official translation thereof. (correct answer)

The copyright is distinct from the property in the material object subject to it.
Consequently, the transfer or assignment of the copyright shall not itself
constitute a transfer of the material object. Nor shall a transfer or assignment
of the sole copy or of one or several copies of the work imply transfer or
assignment of the copyright.

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 an infringement of copyright. (your response)

In an action under this Chapter, an affidavit made before a notary public by
or on behalf of the owner of the copyright in any work or other subject matter
and stating that: (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; and (c) The copy of the work or other subject matter
annexed thereto is a true copy thereof, shall be admitted in evidence in any
proceedings for an offense under this Chapter and shall be prima facie proof
of the matters therein stated until the contrary is proved, and the court before
which such affidavit is produced shall assume that the affidavit was made by
or on behalf of the owner of the copyright.


29. Considering that dramatizations, translations, adaptations, abridgments,
arrangements, and other alterations of literary or artistic works are protected as
a new works, the consent of the author or creator of these underlying works need
no longer be secured.
True
response)


30. Peter Fowler secured a copyright over his drawing of an advertising
display stand under the classification class"O" work, which covers prints,
pictorial illustrations, advertising copies, labels, tags, and box wraps. This being
so, Peter's copyright protection extended only to the technical drawings and not
to the stand itself because the latter was not at all in the category of "prints,
pictorial illustrations, advertising copies, labels, tags and box wraps." Stated
otherwise, even as Peter indeed owned a valid copyright, the same could have
referred only to the technical drawings within the category of "pictorial
illustrations." It also have possibly stretched out to include the underlying
advertising stand.
True
response)


31. 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.

You advise Rose Publishing that infringement of a copyright is a trespass on a
private domain owned and occupied by the owner of the copyright, and,
therefore, protected by law. (your response)

You advise Rose Publishing to file an action for performance or rescission
with damages, in either case, under the provisions of the New Civil Code.

You advise Rose Publishing to secure from Kyle his permission to use his
name to by-line articles written by another person

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. (correct answer)


32. The IP Code is
Rep Act No 9239

Rep Act No 8293 (correct answer, your
response)
Rep Act 100372
PD 49
Rep Act No 10088


not more than Ten Thousand Pesos (Php10,000.00), even when the infringer
circumvents effective technological measures.
True
response)


34. 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. (correct
None of the above.


35. The use of bears a social function. To this end, the
State shall promote the diffusion of knowledge and information for the
promotion of national development and progress and the common good. It is
also the policy of the State to streamline administrative procedures of registering
patents, trademarks and copyright, to liberalize the registration on the transfer
of technology, and to enhance the enforcement of intellectual property rights in
the Philippines. (n)


intellectual
property
IP

Your response:
intellectual property


36. 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. (your response)

It creates a conclusion that (i) copyright subsists in the work; (ii) the person
named therein is the owner of the copyright; and, (iii) the copy of the work or
other subject matter annexed thereto is a true copy thereof.
A and B above.


37. Under the IP Code, the term "intellectual property rights" consists of the
following. CHOOSE ALL CORRECT ANSWERS.
Service Manuals (your response)
Financial Indications (your response)
Geographic Indications (correct answer, your response)
Fashion Designs
Commercial Properties
Mechanical Lay-outs (your response)
International conventions
Architectural plans (your response)
Industrial Designs (correct answer, your response)

Copyright and Related Rights (correct answer, your
response)
Patents (correct answer, your response)
Inter-disciplinary Models

Layout-Designs of Integrated Circuits (correct answer, your
response)
Undisclosed Information (correct answer)

Trademarks and Service Marks (correct answer, your
response)


38. Under Section 216.1 (b) of the IP Code, if the copyright owner (or
proprietor of related rights) decides not to prove his damages and profits,

he may opt to recover statutory damages before final judgment (correct

There is little or no sanction for unauthorized copying as technology has
provided the facility to copy like never before.


39. 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.


"The proposition is peace. Not peace through the medium of war; not peace
to be hunted through the labyrinth of intricate and endless negotiations; not
peace to arise out of universal discord, fomented from principle, in all parts of
the empire; not peace to depend on the juridical determination of perplexing
questions, or the precise marking of the boundary of a complex government.
It is simple peace; sought in its natural course, and in its ordinary haunts. It
is peace sought in the spirit of peace, and laid in principles purely pacific.

In case of works of joint authorship, the economic rights shall be protected
during the life of the last surviving author and for fifty (50) years after his
death.

If so much is taken that the value of the original work is substantially
diminished, there is an infringement of copyright and to an injurious extent,
the work is appropriated. (correct answer, your response)

Copyright or economic rights shall consist of the exclusive right to carry out,
authorize or prevent the public performance of the work; and other
communication to the public of the work.


respondents., [G.R. No. 110318. August 28, 1996.], it was held that It is
evidently incorrect to suggest, as the ruling in 20th Century Fox may appear to
do, that in copyright infringement cases, the presentation of master tapes of the
copyrighted films is always necessary to meet the requirement of probable cause
and that, in the absence thereof, there can be no finding of probable cause for
the issuance of a search warrant. Xxx The foregoing statement was made
because:

The obtainment of a license prescribed by Section 125 of the Corporation
Code is not a condition precedent to the maintenance of any kind of action in
Philippine courts by foreign corporation.
The word 'perform' as used in the Act has been applied to "One who plays a
musical composition on a piano, thereby producing in the air sound waves
which are heard as music . . . and if the instrument he plays on is a piano plus
a broadcasting apparatus, so that waves are thrown out, not only upon the
air, but upon the other, then also he is performing the musical composition."
(Buck, et al. v. Duncan, et al.; Same v. Jewell-La Salle Realty Co., 32F. 2d.
Series 367).

To be able to effectively and legally preclude others from copying and
profiting from the invention, a patent is a primordial requirement.


41. The exceptions from copyright infringement shall be interpreted in such a
way as to allow the work to be used in a manner which conflicts with the normal
exploitation of the work and does not unreasonably prejudice the right holder's
legitimate interest.
True (your
response)
False (correct
answer)


42. 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

As counsel for Frederick Perez, on whether copyright infringement has been
committed, you would advise him:

To first register and make a deposit of his book with the National Library, so
that he can sue for infringement.

To immediately sue for copyright infringement of his book, The Secret of
Beauty.

To relax because no copyright infringement has been committed by Frederick
Lopez. (correct answer, your response)
To sue because the acts of Frederick Lopez may be considered as unfair use.


43. Brilliante Verzosa megged a movie that was awarded by the Independent
Directors Guild of the Philippines as "Best Picture of the Year". However, the
MTRCB gave it a rating of X, meaning, not fit for public exhibition due to
"Violence, Foul language and Nudity." Hence, it was never shown in the
theaters. When this was reported in social media, a lot of interest for the movie
was generated. Everybody wanted to see it and was asking where it could be
watched. Others were looking for copies. Dimitri, a close buddy of Brilliante, had
a preview copy of the movie. He saw the opportunity to make money from the
unusual demand for the film. He uploaded it in his personal website and
charged P200 for every download. When he became aware of what Dimitri has
done, Brilliante asked him to stop, alleging copyright infringement. Dimitri
refused, arguing that government, through the MTRCB, has refused protection
to the movie because it is immoral and illegal. What is your BEST advise to
Brilliante?
The movie is not protected because of its quality.
The movie is protected irrespective of its quality.

The movie is protected irrespective of its content. (correct answer,
your response)
The movie is not protected because of its content.


44. Under Section 216.1 (b) of the IP Code, if the copyright owner (or
proprietor of related rights) decides not to prove his damages and profits,

he may opt to recover statutory damages before final judgment (correct

There is little or no sanction for unauthorized copying as technology has
provided the facility to copy like never before.


45. The rights of copyright are limited to what the statute confers. They may
be obtained and enjoyed only with respect to the subjects and by the-persons,
and on terms and conditions specified in the statute. Accordingly:

it can cover only the works falling within the statutory enumeration or
description. (correct answer, your response)

it can cover also the works falling beyond the statutory enumeration or
description.

it can cover all the works falling outside the statutory enumeration or
description.
None of the above.


46. The following provision normally appears in license agreements whereby
rights over certain musical compositions are licensed to another for use by the
latter:

It is hereby agreed and understood that the authority herein granted to
PRODUCER is restrictive and covers only such license as stipulated in the
preceding section. It is expressly stipulated that the first and original telecast of
the Television Series shall be completed no later than the end of the Licensed
Period. The license herein granted does not include any rights for any other
production and/or soundtrack production and/or reproduction in video
compact disc, VHS, MP3 and DVD format, mobile phone and internet services,
value-added or otherwise, including any other wireless services such as SMS &
MMS, music television (MTV), ballet show(s), segment show(s) and audio,
opening number(s), production number(s) and/or other related presentation(s)
and the like in any theater(s) and/or television show(s).

The legal basis for this provision is:

In case of works of joint authorship, the economic rights shall be protected
during the life of the last surviving author and for fifty (50) years after his
death.

Copyright or economic rights shall consist of the exclusive right to carry out,
authorize or prevent the acts of making derivative works, public performance
of the work; and other communication to the public of the work. (correct
An author may waive his moral rights by a written instrument.

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 an infringement of copyright.


47. Under the amended Section 216.1 (b), an infringer shall be liable for
actual damages and profits. In cases where he a) circumvents effective
technological measures; or b) having reasonable grounds to know that it will
induce, enable, facilitate or conceal the infringement, removes or alters any
electronic rights management information from a copy of a work, sound
recording, or fixation of a performance, or distribute, import for distribution,
broadcast, or communicate to the public works or copies of works without
authority, knowing that electronic rights management information has been
removed or altered without authority, the infringer shall be liable for triple the
amount of damages.
True
response)


48. 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 years from the
moment of creation
None of these.


49. Copy control measures seek to control the use of protected content
once users have access to the work. Examples are: serial copy management
systems for audio digital taping devices, and scrambling systems for DVDs that
response)
False


50. The term of protection for audio-visual works including those produced
by process analogous to photography or any process for making audio-visual
recordings is:

Fifty (50) years from date of publication and, if unpublished, from the date of
making. (correct answer, your response)
None of the above.


51.Works are protected by the sole fact of their , irrespective of
their mode or form of expression, as well as of their content, quality and
purpose. (Sec. 2, P. D. No. 49a)

creation

Your response:
creation


52. Jessie holds a copyright registration for a Utility Model, Leaf Spring Eye
Bushing for Automobile made up of plastic. It is described as

comprising a generally cylindrical body having a co-axial bore that is centrally
located and provided with a perpendicular flange on one of its ends and a
cylindrical metal jacket surrounding the peripheral walls of said body, with the
bushing made of plastic that is either polyvinyl chloride or polypropylene.[31]
Likewise, the Vehicle Bearing Cushion is illustrated as a bearing cushion
comprising a generally semi-circular body having a central hole to secure a
conventional bearing and a plurality of ridges provided therefore, with said

Jennifer produced and distributed similar bushings. Jessie sued for copyright
infringement. The suit will not prosper because:

The bushings are not intellectual creations in the literary and artistic domain,
or works of applied art. They are certainly not ornamental designs or one
having decorative quality or value.

The bushings are useful articles which have an intrinsic utilitarian function
that is not merely to portray the appearance of the article or to convey
information.
None of these.


53. Copy control measures seek to control the use of protected content
once users have access to the work. Examples are: serial copy management
systems for audio digital taping devices, and scrambling systems for DVDs that
response)
False



False. Copyright accrues from the moment of creation. (correct answer, your
response)

True. If two (2) 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.

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.

False. An application for registration of a mark filed in the Philippines by a
person referred to in Section 3 of the IP Code, and who previously duly filed
an application for registration of the same mark in one of those countries,
shall be considered as filed as of the day the application was first filed in the
foreign country.


55. 171.9 is the making of one (l) or more copies,
temporary or permanent, in whole or in part, of a work or a sound recording in
any manner or form without prejudice to the provisions of Section 185 of Rep
Act No. 8293.

Reproduction

Your response:
reproduction


56. Rights Management Information, as defined in Article 12 (2) of the
WCT and Article 19 (2) of the WPPT, are:

items of information that are attached to a copy of a work, fixed
performance or phonogram or which appear in connection with the
communication thereof to the public. Such information may identify the work
and its author, or the performance and its performer, the phonogram and its
producer, the owner of any right in the performance or phonogram, or
information about the terms and conditions of use of the work, performance
or phonogram, and any numbers or codes that represent such information.

serial copy management systems for audio digital taping devices, and
scrambling systems for DVDs that prevent third parties from reproducing
content without authorization.

an electronic or similar device having information-processing capabilities,
and a sets of instructions expressed in words, codes, schemes or in any other
form, which is capable when incorporated in a medium that the computer can
read, or causing the computer to perform or achieve a particular task or
result;

works, which, with the consent of the authors, are made available to the
public by wire or wireless means in such a way that members of the public
may access these works from a place and time individually chosen by them.

works created by an officer or employee of the Philippine Government or any
of its subdivisions and instrumentalities, including government-owned or
controlled corporations as part of his regularly prescribed official duties.


57. Notwithstanding the provisions of Subsection 177.1, any library or archive
whose activities are not for profit may, without the authorization of the author
or copyright owner, make a ___________ number of copies of the work, as
may be necessary for such institutions to fulfill their mandate, by reprographic
reproduction:

limited (correct answer, your
response)
one
multiple
unlimited
two


58. The term WIPO Internet Treaties is used to refer to the WIPO
Copyright Treaty and the WIPO Performances and Phonograms Treaty, to
address issues emerging out of the digital environment and to provide
protection to domain name disputes and conflicts in the Internet.
True
response)


59. Sec. 174. Published Edition of Work. - In addition to the right to publish
granted by the author, his heirs or assigns, the publisher shall have a copyright
consisting merely of the right of reproduction of the
arrangement of the published edition of the work. (n)

typographical

Your response:
typographical


60. Under the amended Section 217.2, it is provided that the medium
penalties stated in Section 217.1 (a), (b) and (c) shall be imposed when the
infringement is committed by the removal or alteration of any electronic rights
management information from a copy of a work, sound recording, or fixation of
a performance, by a person, knowingly and without authority.
True
response)


61. Collections of literary, scholarly or artistic works, and compilations of
data and other materials may be considered as new works if they are original by
reason of the * of their contents. Choose ALL correct answers.

selection (correct answer, your
response)

coordination (correct answer, your
response)
usefulness
visibility
popularity

arrangement (correct answer, your
response)
reproduction
choreography


62. The inclusion of a work in a publication, broadcast, or other
communication to the public, sound recording or film, if such inclusion is made
by way of illustration for teaching purposes and is compatible with fair use shall
not constitute infringement of copyright even if the source and of the name of
the author, if appearing in the work, are not mentioned.
True
response)


63. Copyright itself does not depend on official procedures. A created work is
considered protected by copyright as soon as it exists. According to the Berne
Convention for the Protection of Literary and Artistic Works, literary and artistic
works are protected without any formalities in the countries party to that
Convention.

True.Thus, WIPO does not support a system of International Trademark
Registration.
False.Thus, WIPO offers a system of International Copyright Registration.
False. Thus, WIPO offers a system of International Trademark Registration.

True. Thus, WIPO does not offer any kind of copyright registration system.


64. Copyright, in the strict sense of the term, is purely a
right. As such, the rights are limited to what the statute confers. It may be
obtained and enjoyed only with respect to the subjects and by the-persons, and
on terms and conditions specified in the statute.

statutory

Your response:
statutory


65. means any technology, device or component that, in
the normal course of its operation, restricts acts in respect of a
work,performance or sound recording, which are not authorized by the authors,
performers or producers of sound recordings concerned or permitted by law.

Technological Measure
TPM

Technological Protection
Measure

technological protection
measure

Your response:
technological measure


66. Copyrightable works are protected

from the moment of creation (correct answer, your
response)
upon adoption
upon registration
none of the above.
after examination


67. 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. (correct answer, your response)
None of the above.


68. The term of protection for Broadcasts 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.

Twenty (20) years from the date they took place. (correct answer, your
response)
None of the above.


69. Patents to protect inventions; and industrial designs, which are aesthetic
creations determining the appearance of industrial products, as well as
trademarks, service marks, layout-designs of integrated circuits, commercial
names and designations, geographical indications, and protection against unfair
competition fall under:

Industrial property (correct answer, your
response)
Pharmaceuticals
Commercial Property


not more than Ten Thousand Pesos (Php10,000.00), except when the infringer,
having reasonable grounds to know that it will induce, enable, facilitate or
conceal the infringement, remove or alter any electronic rights management
information from a copy of a work, sound recording, or fixation of a
performance, or distribute, import for distribution, broadcast, or communicate
to the public works or copies of works without authority, knowing that electronic
rights management information has been removed or altered without authority.
In such a case, the award of damages shall be:
double the reduced statutory damages; (correct answer, your response)

double the statutory damages provided in case of infringement, absent
any good faith;

triple the statutory damages provided in case of infringement, absent
any good faith;


Questions Answers

Goods or services may not be considered as being True
similar or dissimilar to each other on the ground
that, in any registration or publication by the
Office, they appear in di
the owner of a registered mark shall have the False
exclusive right to prevent all third parties not
having the owner's consent from using in the
course of trade identical or similar signs or
containers for goods or services which ar
The exclusive right of the owner of a well-known False
mark defined in Subsection 123.1(e) which is
registered in the Philippines, shall not extend to
Go
The following mark is not generic: NOT none
A certificate of registration of a mark shall be NOT validity
prima facie evidence of the follo
An application for registration of a mark filed
in Priority rights
the Philippines by a person who is a national or
who is domiciled or has a real and effective
industrial establishment in a country which is
a
party to any convention, treaty or agreement
relating to intellectual property rights or the
repression of unfair competition, to which the
Philippines is also a party, or extends reciprocal
rights to nationals of the Philippines by law, and
who previously duly filed an application for
registration of the same mark in one
Section 123.2, which provides that As regards Secondary meaning
signs or devices mentioned in paragraphs (j), (k),
and (l), nothing shall prevent the registration
of
any such sign or device which has become
distinctive in relation to the goods for which
registration is req
The filing date of an application shall be the date None
on which the Office received the following
indications and elements in English or
Filipino,
except:
A mark cannot be registered if is likely to mislead Geographical
the public, particularly as to the
A person who is a national or who is domiciled or False
has a real and effective industrial establishment
in a country which is a party to any convention,
treaty or agreement relating to intellectual

property rights or the repr
Where goods and/or services belonging to One
several classes of the Nice Classification have
been included in one (1) application, such an
application s
means the name or designation identifying or Tradename
distinguishing an enterprise.
The Office may allow or require the applicant to Disclaim
The final decision of refusal of an application for Director general
trademark registration by the Director of
Trademarks shall be appealable to th
Registration of the mark shall not confer on the True
registered owner the right to preclude third
parties from using bona fide their names,
addresses, pseudonyms, a geographical name, or
exact indications concerning the kind, quality,
quantity, destination, value, place of origin, or
time of production or of supply, of their goods
or
services: Provided, That such use is confined to
the purposes of mere
The owner of a well-known mark that is not True
registered in the Philippines, may, against an
identical or confusingly similar mark, oppose
its
registration, or petition the cancellation of its
registration or sue for unfair co
In case of the use of an identical sign for identical False
goods or services, a likelihood of confusion shall
be proved.
The IPO shall shall issue the certificate of Upon publication
registration upon the happening of all, save one,
the following events:
The following mark may not be registrable as it it consists exclusively of signs or of
may not acquire a secondary meaning: indications that have become customary or
usual to designate the goods or services in
everyday language or in bona fide and
established trade practice;
No filing date shall be accorded until the
required True
fee is paid.
A mark cannot be registered if it is identical
with, Well-known
or confusingly similar to, or constitutes a
translation of a mark which is considered by the
competent authority of the Philippines to be
Section 123.3 which provides that The nature of False
the goods to which the mark is applied will not
constitute an obstacle to registration means that
when a mark is used on a product that is
immoral, deceptive or scandalous matter, said

mark cannot be registered.
A mark that is contrary to public order or False
morality may still be registered because
protection is granted irrespective of the mode of
expression, content or quality
A mark cannot be registered if it consists of a True
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
A mark that consists of color alone may be True
registered if it is defined by a given form.
The IP Code is Rep Act No 8293

The objective of the WIPO Internet
Treaties is None of the above
to protect the environment
In the case of work created by an
author True
during and in the course of his
employment,
the copyright shall belong to the employer,
if
the work is the result of the performance
of
his regularly-assigned duties, unless there
is
an agreement, express or implied, to
the
contrary.

Under the amended Section 216.1 (b),
an False
infringer shall be liable for actual damages
and profits. In cases where he a)
circumvents
effective technological measures; or b)
having
reasonable grounds to know that it will
induce, enable, facilitate or conceal the
infringement, removes or alters any
electronic
rights management information from a
copy
of a work, sound recording, or fixation of a
performance, or distribute, import for
distribution, broadcast, or communicate to
the
public works or copies of works without
authority, knowing that electronic rights
management information has been
removed
or altered without authority, the infringer
shall
be liable for triple the amount of damages.
5. Peter Fowler secured a copyright over False
his drawing of an advertising display
stand
unde
r the classification
class"O" work, which covers prints,

pictorial illustrations, advertising
copies, labels, tags, and box
wraps.
This being so, Peter's copyright
protection extended only to the
technical drawings and not to the
stand itself because the latter was
not
at all in the category of "prints,
pictorial illustrations, advertising
copies, labels, tags and box
wraps."
Stated otherwise, even as Peter
indeed
owned a valid copyright, the
same
could have referred only to the
technical drawings within the
category
of "pictorial illustrations." It also
have
possibly stretched out to include the
underlying advertising stand.

187.2. The permission granted under True
Subsection 187.1 (the private reproduction
of
a published work in a single copy, where
the
reproduction is made by a natural
person
exclusively for research and private
study)
shall not extend to the reproduction of a
work
of architecture in form of building or other
construction
In case of broadcasts, the term of
protection False
shall be twenty (20) years from the date
that
the recording took place.

In Habana versus Robles, G.R. No. 131522. If so much is taken that the value of the
July 19, 1999, technical considerations
and original work is substantially diminished,
similarity in the background and training
of there is an infringement of copyright and to
the contending authors were rejected by
the
an injurious extent, the work is
appropriated.
Supreme Court as sufficient explanation
or
justification for the similarities in the
two
works.
This case is authority for the proposition
that:
"The proposition is peace. Not
peace through the medium of war;
not peace to be hunted through the
labyrinth of intricate and endless
negotiations; not peace to arise out

of
universa
l discord, fomented
from principle, in all parts of the
empire; not peace to depend on
the
juridica
l determination of
perplexing questions, or the
precise
marking of the boundary of a
complex government. It is simple
peace; sought in its natural
course,
and in its ordinary haunts. It
is
peace sought in the spirit of
peace,
and laid in principles purely
pacific.

11. The copyright may
be
assigned or True
licensed in whole or in
part.

12. The criminal penalties imposable on False
any person infringing any right
secured by provisions of Part IV of the
iP Code, or aiding or abetting such
infringement shall be in the maximum
period when the infringer
circumnavigat
es effective
technological measures.

The inventor shall be deemed to represent
the False
authors of articles and other writings
published without the names of the authors
or
under pseudonyms, unless the contrary
appears, or the pseudonyms or adopted
name
leaves no doubts as to the authors identity,
or
if the author of the anonymous works
discloses his identity.
15. Frederick
Perez wrote and published To relax because no copyright infringement
Th
e
Secret
of
Beauty,
a book on has been committed by Frederick Lopez
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
technique
s 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.

As counsel for Frederick Perez,
on

whethe
r copyright
infringeme
nt has

been committed, you would
advise

him
:

171.11. A "work of the Government of the Employee
Philippines" is a work created by an officer
or

of the
Philippine
Government

or any of
it
s subdivisions and
instrumentalities
, including government-
owned or controlled corporations as part
of
hi
s regularly prescribed official duties.

171.2. A
is a work which
has
collective work

been created by two (2) or more
natural
persons at the initiative and under the
direction of another with the
understanding
that it will be disclosed by the latter under
his
own name and that contributing natural
persons will not be identified;

18. The making of ephemeral
recordings True
by a broadcasting organization by

means of its own facilities and for
use
in its own broadcast shall not

constitute infringement of
copyright.

19. The recitation or performance of
a True

work, once it has been lawfully
made
accessible to the public, if done

privately and free of charge or if
made

strictly for a charitable or
religious
institution or society shall not

constitute infringement of
copyright.

20. Where
the defendant, without good True

faith,
puts in issue
th
e questions of

whether copyright subsists in a
work
or other subject matter to which the
action relates, or the ownership
of
copyright in such work or subject
matter, thereby occasioning
unnecessary costs or delay in the
proceedings, the court may direct
that
any costs to the defendant in
respect of
the action shall not be allowed by
him
and that any costs occasioned by
the
defendant to other parties shall be
paid
by him to such other parties.

22. In COLUMBIA PICTURES, INC., et NOT OBTAINMENT
al, petitioners, vs. COURT OF
APPEALS, SUNSHINEHOME
VIDEO, INC. and DANILO A.
PELINDARIO, respondents., [G.R.
No. 110318. August 28, 1996.], it
was
held that It is evidently incorrect to
suggest, as the ruling in 20th
Century
Fox may appear to do, that in
copyright
infringemen
t
cases
, the
presentation of master tapes of
the
copyrighted films is always
necessary
to meet the requirement of probable
cause and that, in the absence
thereof,
there can be no finding of
probable
cause for the issuance of a
search
warrant. Xxx The foregoing
statement was made because:

23. Under the amended Section 217.2, it is False
provided that the medium
penalties
stated in Section 217.1 (a), (b) and
(c)
shallbeimposedwhenthe
infringement is committed by the
removal or alteration of any
electronic
rights management information
from a
copy of a work, sound recording, or
fixation of a performance, by a
person,
knowingly and without authority.

24. 204.2. The rights granted to a 50

performer in
accordanc
e with
Subsection 203.1 shall be
maintained
and exercised _______ years after
his
death, by his heirs, and in default of
heirs, the government, where
protection is claimed. (Sec. 43, P. D.
no. 49)

The rights of copyright are limited to what
the NOT it can cover also the works falling
statute confers. They may be obtained
and beyond the statutory enumeration or
enjoyed only with respect to the subjects
and description.
by the-persons, and on terms and
conditions
specified in the statute.
Accordingly
In 1841, Thomas Babington MacCaulay, in
a MacCaulay is justifying the grant of
speech delivered on the floor of the House
of monopoly to authors
Commons, declared:
"It is good that authors should be
remunerated; and the least exceptionable
way
of remunerating them is by a monopoly.
Yet
monopoly is an evil. For the sake of the

good
we must submit to the evil; but the evil
ought
not to last a day longer than is necessary
for
the purpose of securing the good."
In determining whether the use made
of a NOT The amount and substantiality of the
work in any particular case is fair use, the portion used in relation to the copyrighted
factors to be considered shall include
the work as a whole
following, except one
By originality is meant that the material
was Copyright protection
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

The copyright is distinct from the property
in False
thematerialobjectsubjecttoit.
Consequently, the transfer or assignment
of
the copyright shall itself constitute a
transfer
of the material object. Nor shall a transfer
or
assignment of the sole copy or of one
or
several copies of the work imply transfer
or
assignment of the copyright
205.1.
Subject to the
provisions
of Section True
206, once the performer has authorized
the
broadcasting or fixation of his
performance,
the provisions of Sections 203 shall have
no
further application.
Copy control measures seek to control
the True
use of protected content once users
have
access to the work. Examples are:
serial
copy management systems for audio
digital
taping devices, and scrambling systems
for
DVDs that prevent third parties from
reproducing content without
authorization
171.6.

, in the case of a work
Public performance

other than an audiovisual work, is the
recitation, playing, dancing, acting or
otherwise performing the work, either
directly
or by means of any device or process; in
the
case of an audiovisual work, the showing
of
its images in sequence and the making of
the
sounds accompanying it audible; and, in

the
case of a sound recording, making the
recorded sounds audible at a place or at
places
where persons outside the normal circle of
a
family and that familys closest social
acquaintances are or can be present,
irrespective of whether they are or can
be
present at the same place and at the
same
time, or at different places and/or at
different
times, and where the performance can
be
perceived without the
nee
d for
communication within the meaning of
Subsectio
n 171.3;

171.4. A

is an electronic or
Computer

similar device having information-
processing
capabilities, and a "computer program" is
a
set of instructions expressed in words,
codes,
schemes or in any other form, which is
capable when incorporated in a medium

that
the computer can read, or causing the
computer to perform or achieve a
particular
Task or result;

202.7. _______ means the
transmission by Broadcasting
wireless means for the public reception
of
sounds
or of images or of
representation
s
thereof; it is also such transmission by
satellite where the means for decrypting
are
provided to the public by the
broadcasting
organization or with its
consent
171.7.

means works, which,
Published works

with the consent of the authors, are
made
available to the public by wire or
wireless
means in such a way that members of
the
public may access these works from a
place
and time individually chosen by them:
Provided, That availability of such copies
has
been such, as to satisfy the reasonable
requirements of the public, having regard
to
the nature of the work;
Before the subsistence of the copyright
is False
established, the plaintiff may already be
presumed to be the owner of the copyright
if
he claims to be the owner of the copyright
and
the defendant does not put in issue the
question of his ownership.
Literary and artistic works,
hereinafter Leah Salonga's rendition of "Can We Just
referred to as "works", are original
intellectual Stop and Talk a While?"
creations in the literary and artistic
domain
protected from the moment of their
creation.
Which among the following properties
does
not belong?

Section 1. Title. - This Act shall be known
as Intellectual
the

Property Code of the

Philippines."
Examples of access control TPM include: False
cryptography, passwords, and digital
signatures. In short, these measures
are
deployed to ensure unlimited access to
protected content to users who are
authorized
to such
access
171.3

mean
s any
Communication to the public

communication to the public,
including
broadcasting
,
rebroadcastin
g,
retransmittin
g
by cable, broadcasting and retransmitting
by
satellite, and includes the making of a
work
available to the public by wire or
wireless
means in such a way that members of
the
public may access these works from a
place

and time individually chosen by them;
The term of protection for copyrighted
works Lifetime of the author, plus fifty (50) years
under Sections 172 and 173 is: after his death.

Sec. 3. International Conventions and Reciprocity
. - Any person who is a
national

or who is domiciled or has a real and
effective
industrial establishment in a country
which is
a party to any convention, treaty or
agreement
relating to intellectual property rights or
the
repression of unfair competition, to which
the
Philippines is also a party, or extends
reciprocal rights to nationals of the
Philippines by law, shall be entitled to
benefits to the extent necessary to give
effect
to any provision of such convention, treaty
or
reciprocal law, in addition to the rights
to
which any owner of an intellectual
property
right is otherwise entitled by this Act.
(n)

Brilliante Verzosa megged a movie that
was The movie is protected irrespective of its
awarded by the Independent Directors
Guild content.
of the Philippines as "Best Picture of
the
Year". However, the MTRCB gave it a
rating
of X, meaning, not fit for public exhibition
due to "Violence, Foul language and
Nudity."
Hence, it was never shown in the theaters.
When this was reported in social media, a
lot
of interest for the movie was generated.
Everybody wanted to see it and was asking
where it could be watched. Others were
looking for copies. Dimitri, a close buddy
of
Brilliante, had a preview copy of the
movie.
He saw the opportunity to make money
from
the unusual demand for the film. He
uploaded
it in his personal website and charged
P200
for every download. When he became
aware
of what Dimitri has done, Brilliante
asked
him to stop, alleging copyright
infringement.
Dimitri refused, arguing that
government,
through the MTRCB, has refused
protection
to the movie because it is immoral and
illegal.
What is your BEST advise to Brilliante?

172.1 Literary and artistic works are Original
intellectual
creations in the

literary and artistic domain protected from
the
moment of their creation.

Sec. 206. Additional Remuneration
for five percent (5%)
Subsequent Communications or
Broadcasts. -
Unless otherwise provided in the contract,
in
every communication to the public or
broadcast of a performance subsequent to
the
first communication or broadcast thereof
by
the broadcasting organization, the
performer
shall be entitled to an additional
remuneration
equivalent to at least __________ of
the
original compensation he or she received
for
the first communication or broadcast.
(n)

The owners of copyright and related rights
or False
their heirs may not designate a society
of
artists, writers, composers and other
rightholders to collectively manage their
economic or moral rights on their
behalf.

In an infringement action, the court shall
have False
no power to order the seizure and
impounding
of any article which may serve as evidence
in
the court proceedings, in accordance with
the
rules on search and seizure involving
violations of intellectual property
rights
issued by the Supreme Court. (Sec. 28,
P.D.
No. 49a)

The term of protection for audio-visual
works
Fifty (50) years from date of publication
and,
including those produced by process if unpublished, from the date of making.
analogous to photography or any process
for
making audio-visual recordings
is:

In determining the number of years of NOT None of these
imprisonment and the amount of fine,
the
court shall consider the value of the

infringing
materials that the defendant has produced
or
Manufactur
ed
and
the damage that the
copyright owner has suffered by reason of
the
infringement. Provided, That the
respective
maximum penalty stated in Section 217. 1
(a),
(b) and (c) herein for the first, second,
third
and subsequent offense, shall not
necessarily
be imposed when the infringement is
committed
by:

Copyright in a work of architecture shall False
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 as wells the right
to
control the reconstruction or rehabilitation
in
the same style as the original of a building
to
which the copyright relates.

In the absence of a contrary stipulation at
the True
time an author licenses or permits another
to
use his work, the necessary editing,
arranging
or adaptation of such work, for
publication,
broadcast, use in a motion picture,
dramatization, or mechanical or
electrical
reproduction in accordance with the
reasonable and customary standards
or
requirements of the medium in which
the
work is to be used, shall not be deemed to
contravene the author's rights secured by
this
chapter. Nor shall complete destruction of
a
work unconditionally transferred by
the
author be deemed to violate such rights.
(Sec.
38, P. D. No. 49)

Sec. 193. Scope of

Rights. -
Moral

The author of a work shall, independently
of
the economic rights in Section 177 or
the
grant of an assignment or license with

respect
to such right, have the rights,
namely,193.1.
To require that the authorship of the
works be
attributed to him, in particular, the right
that
his name, as far as practicable, be
indicated in
a prominent way on the copies, and in
connection with the public use of his work;
193.2. To make any alterations of his work
prior to, or to withhold it from publication;
193.3. To object to any distortion,
mutilation
or other modification of, or other
derogatory
action in relation to, his work which would
be
prejudicial to his honor or
reputation;
and193.4. To restrain the use of his name
with
respect to any work not of his own creation
or
in a distorted version of
hi
s work.

Moral rights pertain
to Attribution and integrity

Th
e

of speeches, lectures,
Author

sermons,
addresse
s, and dissertations
mentioned in the preceding paragraphs
shall
have the exclusive right of making a
collection of his works.
The reproduction and communication to
the True
public of literary, scientific or artistic
works
as part of reports of current events by
means
of
photograph
y, cinematography or
broadcasting to the extent necessary for
the
purpose shall not constitute infringement
of
copyright.

Derivative
works shall be protected as New
works: Provided however,
That

such new work shall not affect the force of
any subsisting copyright upon the
original
works employed or any part thereof, or be
construed to imply any right to such use of
the original works, or to secure or
extend
copyright in such original works. (Sec. 8,
P.
D. 49; Art. 10,
TRIPS)
Dillman Publishing Company
commissioned
Yes. Dillman Publishing sold and
distributed
Braille experts to transcribe popular
novels, the Braille-formatted books for profit.
like the Twilight, Harry Potter and
Lord
of the Ring series, into Braille. It made
sure
that the respective authors were
properly
informed of the project and cited in the
finished products. Believing that the
project
was ahead-of-its-time, Dillman
Publishing
intended
to the the
book
s at a premium.

Would it be violating any copyright?

The U. S. Supreme Court in the Sony
v. True. Special private benefit is a means to
Universal Case, 464 U.S. 417 (1984), ensure and promote a public interest.
declared that the monopoly granted to
authors
of copyrightable works to enjoy the fruits
of
their labor is neither unlimited nor
primarily
designed to provide a special private
benefit.
It is understood to be a means to an end.

In the case of a work-commissioned by
a True
person other than an employer of the
author
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 work, but the copyright
thereto
shall remain with the creator, unless there
is a
written stipulation to the contrary.

Under Section 216.1 (b), in case the
infringer
NOT double the statutory damages
provided
was not aware and had no reason to
believe in case of infringement, absent any good
that his acts constitute an infringement
of faith;
copyright, the court, in its discretion, may
reduce the award of statutory damages
to a
sum of not more than Ten Thousand Pesos
(Php10,000.00), except when the
infringer,
having reasonable grounds to know that
it
will induce, enable, facilitate or conceal the
infringement, remove or alter any
electronic
rights management information from a
copy
of a work, sound recording, or fixation of a
performance, or distribute, import for
distribution, broadcast, or communicate to
the
public works or copies of works without
authority, knowing that electronic rights
management information has been
removed
or altered without authority. In such a
case,
the award of damages shall be:

Sec. 192. Notice of Copyright. - Each copy
of False
a work published or offered for sale

shall
contain a notice bearing the name of
the
copyright owner, and the year of its
first

publication, and, in copies produced after
the
creators death, the year of such death.
(Sec.
27, P. D. No. 49a), otherwise, there shall
be
no legal protection for the
work.

Rights Management Information, as
defined
items of information that are attached to
a
in Article 12 (2) of the WCT and Article 19 copy of a work, fixed performance or
(2) of the WPPT, are: phonogram or which appear in connection

with the communication thereof to the
public.
Such information may identify the work and
its author, or the performance and its
performer, the phonogram and its producer,
the owner of any right in the performance or
phonogram, or information about the terms
and conditions of use of the work,

performance or phonogram, and any
numbers
or codes that represent such information.

Moral rights shall not be assignable or
subject True
to license.

The rights granted to producers of
sound False
recordings, for sound or image and
sound
recordings and for performances
incorporated
therein, fifty (50) years from the end of the
year in which the performance took place.

The recording made in schools,
universities, True
or educational institutions of a work
included
in a broadcast for the use of such schools,
Universitie
s or educational institutions:
Provided, That such recording must be
deleted within a reasonable period after
they
were first broadcast shall not constitute
infringement of copyright. Provided,
further,
That such recording may not be made
from
audiovisual works which are part of the
general cinema repertoire of feature
films
except for brief excerpts of the work.

In ELIDAD C. KHO vs. HON. COURT OF Trademark rights are acquired through
APPEALS, SUMMERVILLE GENERAL registration

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/Cas
e
(Certificate
s 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:

171.5.

is the
transfe
r of
public lending

possession of the original or a copy of a
work
or sound recording for a limited period, for
non-profit purposes, by an institution
the
services of which are available to the
public,
Such as public library
o
r archive;

The term of protection for sound or image
and NOT Twenty (20) years from the date they
sound recordings and for
performances took place.
incorporated therein is:

In case of audio-visual works including
those fifty (50)
produced by process analogous to
photography or any process for making
audio-
visual recordings, the term shall be
_______
years from date of publication and, if
unpublished, from the date of making.
(Sec.
24(C), P. D. No.
49a)

When I turn 64, I plan on inviting all my of Not Yes, because it's clear that the story of
my friends from six decades to a giant
party his life is empty. His book more than
where food and wine will flow as never eloquently expresses such emptiness
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?

to the public of a
performance
communication

or a sound recording" means the
transmission
to the public, by any medium, otherwise
than
by broadcasting, of sounds of a
performance
or the representations of sounds fixed
in a
sound recording. For purposes of Section
209,
the term includes making the sounds or
representations of sounds fixed in a
sound
Recordi
ng audible to the public.

187.2. The permission granted under False
of
the
person
study)
shall extend to the reproduction of an
entire
book, or a substantial part thereof, or of
a
musical work in which graphics form
by
reprographic
means;

Under Section 216.1 (b), in case the
infringer False
was not aware and had no reason to
believe
that his acts constitute an infringement
of
copyright, the court, in its discretion, may
reduce the award of statutory damages
to a
sum of not more than Ten Thousand Pesos
(Php10,000.00), even when the
infringer
circumvents effective technological
measures.

The use made of a work by or under the False

direction or control of the Government, by
the
National Library or by educational,
scientific
or professional institutions where such use
is
in the public interest and is compatible
with
fair use shall constitute infringement of
copyright.

HOW MAY AN AFFIDAVIT EVIDENCE None of the above
HELP A COPYRIGHT OWNER IN AN
ACTION FOR
INFRINGEMENT?

The Producer of a sound recording" is the First
person, or the legal entity, who or which
takes
the initiative and has the responsibility for
the
* fixation of the sounds of a performance
or
other sounds, or the representation of
sounds

Sec. 211. Scope of Right. - Subject to
the The commercial rental to the public of the
provisions of Section 212,
broadcasting
original and copies of their sound
recordings.
organizations shall enjoy the exclusive
right
to carry out, authorize or prevent any of
the
following acts, except
The public performance or the True
communication to the public of a work, in
a
place where no admission fee is charged in
respect of such public performance
or
communication, by a club or institution for
charitable or educational purpose only,
whose
aim is not profit making, subject to such
other
limitations as may be provided in the
Regulations shall not constitute
infringement
of copyright
According to WIPO, Intellectual property
is Industrial property & Copyright and related
usually divided into two branches.
Choose rights
ALL correct answers
86. Jessie holds a copyright registration A and B
for a Utility Model, Leaf Spring Eye
Bushing for Automobile made up of
plastic. It is described as
comprising a generally cylindrical
body having a co-axial bore that is
centrally located and provided with a

perpendicular flange on one of its
ends

and a cylindrical metal jacket
surrounding the peripheral walls
of
said body, with the bushing made of
plastic that is either polyvinyl
chloride
o
r
polypropylene.[31]
Likewise, the
Vehicle Bearing Cushion is
illustrated
as a bearing cushion comprising
a
generally semi-circular body having
a
central hole to secure a
conventional
bearing and a plurality of ridges
provided therefore, with said
cushion
bearing being made of the same
plastic materials.
Jennife
r
produce
d and distributed
similar bushings. Jessie sued for
copyright infringement. The suit
will
not prosper
because:

Sec. 191. Deposit and Notice of Deposit
with False
the National Library and the Supreme

Court
Library. At any time during the
subsistence of
the copyright, the owner of the copyright
or of
any exclusive right in the work must, for
the
purpose of completing the records of
the
National Library and the Supreme
Court
Library, register and deposit with them, by
personal delivery or by registered mail,
two
(2) complete copies or reproductions of
the
work in such form as the Directors of the
said
libraries may prescribe in accordance
with
regulations; Provided, That only works in
the
field of law shall be deposited with the
Supreme Court Library. Such registration
and
deposit is not a condition of copyright
protection.

No copyright shall subsist in any work of
the True
Government of the Philippines
Pia Bautista, as the vocalist of a band,
None of the above
plans
to perform five original songs composed
by
Alex Pormento during a concert at the
UP
Theater for the benefit of the Philippine
Red
Cross. These songs were never
recorded,
publicly played or performed before by

anyone, anywhere. What should Pia do
to
ensure that she commits no
copyright
violation
?
When an author contributes to a
collective True
work, his right to have his contribution
attributed to him is deemed waived unless
he
expressly reserves it. (Sec. 37. P. D. No. 49
Notwithstanding the provisions of
Subsection NOT one
177.1, any library or archive whose
activities
are not for profit may, without the
authorization of the author or copyright
owner, make a ___________ number
of
copies of the work, as may be necessary for
such institutions to fulfill their mandate,
by
reprographic reproduction:

202.6.

of a fixed performance
Publication

or a sound recording" means the offering
of
copies of the fixed performance or the
sound
recording to the public, with the consent of
the right holder: Provided, That copies
are
offered to the public in reasonable quality
While visiting Makati City in July,
2006, (a) and (b)
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
infringemen
t complaint against
Anthony on the basis
of
Copyright, in the strict sense of the term, is Notwithstanding the provisions of Sections
purely a statutory right. It is a new or
172 and 173, no protection shall extend,
under
independent right granted by the statute,
and this law, to any idea, procedure, system
not simply a pre-existing right regulated
by method or operation, concept, principle,
the statute. Being a statutory grant, the
rights discovery or mere data as such, even if they
are only such as the statute confers, and
may are expressed, explained, illustrated or
be obtained and enjoyed only with respect
to embodied in a work; news of the day and
the subjects and by the persons, and on
terms
other miscellaneous facts having the
character

and conditions
specified in the statute. of mere items of press information; or any

official text of a legislative, administrative
or
Since . . . copyright in published works is
legal nature, as well as any official
translation
purely a statutory creation, a copyright
may thereof.
be obtained only for a work falling within
the
Statutor
y enumeration or description.
The foregoing was cited by the
Supreme
Court in Joaquin versus Drilon, G.R.
No.
108946. January 28, 1999, to arrive at
the
conclusion that the format or mechanics
of a
television show is not included in the list
of
protected works xxx. The legal basis is

In case of photographic works, the
protection fifty (50)
shall be for________ from publication of
the
work and, if unpublished, from the making
Copyright shall be presumed to subsist in
the True
work or other subject matter to which
the
action relates if the defendant does not put
in
issue the question whether copyright
subsists
in the work or other subject matter
187.2. The permission granted under True
of
the
person
study)
shall not extend to a computer program
except
as provided in Section
189
An
is an affidavit made before
a
affidavit evidence

notary public by or on behalf of the owner
of
the copyright in any work or other subject
matter and stating that: (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; and (c) The copy of the work or
other subject matter annexed thereto is a
true
copy thereof. This affidavit shall be
admitted
in evidence in any proceedings under
this
Chapter and shall be prima facie proof of
the
matters therein stated until the contrary
is
proved, and the court before which
such
affidavit is produced shall assume that
the
Affidavi
t was made by or on behalf of the

owner of the
copyright
The phrase technological protection False
measures (TPM) is not defined either in
the WCT or the WPPT. Nevertheless, it is a
broad term that covers many different
types
of technologies used to control access
to
copyright content, but not to prevent
users
from copying protected
content.

Probable cause has been uniformly defined
as
Must adhere to the requirement that "no
less
such facts and circumstances which
would
than personal knowledge by the
complainant
lead a reasonable, discreet and prudent
man to or his witnesses of the facts upon which the
believe that an offense has been
committed,
issuance of a search warrant may be
justified"
and that the objects sought in connection
with in order to convince the judge, not the
the offense are in the place sought to
be individual making the affidavit and seeking
searched.
the issuance of the warrant, of the existence
of
a probable cause.
Under prevailing jurisprudence, the
determination of probable cause
In societe des The dominancy test
Joy personal products As held in asia brewery
The dominancy test, applied in determining If the competing trademark contain
confusing similarity in trademarks, means
Section 123.3. The nature of the goods For the purpose of registration
In amigo manufacturing, inc GOLD TOP None of the above
Coca cola application be denied None of the above
How may an affidavit evidence None of the above
Senor lauroreyes Ramon is entityled to 5% of the
grossbproceeds
The term of protection for performance not 50 & 20
incorporated in recordings is
A certificate of registration 10
In elidad c. kho Trademarks are acquired through registration
Selecta Registrable because it has been invented for
the
In the ongpin memorandum False
In massohermanos It consists of her name
In mipuri v CA, the government official who Villafuerte
implemented
Google when may a mark that is identical with Never registrable
In ang versus teodoro 1942 The argument was sustained by the court
PHRASE IS NEVER USED ADJECTIVELY
Jessie holds A&b
172 and 173 Lifetime + 50

RestitutoBicomong FLAG Consists exclusively of signs that are generic
for the goods
In case of asia brewery Being of functional
COCA COLA oppose It is identical with well known
Article 6bis To protect well known marks
In asia brewery PILSEN The phrase Pilsen
Diamond not registrable because it is likely to mislead
the public
Copyright itself does not depend on official TRUE. Thus, WIPO does not offer
procedures
What is a trademark Any visible signs capable of distinguishing
By originality Copyright protection
In emerald garment In determining whether the trademarks
Copyrightabke works are protected From the moment of creation
The then ministry of trade Paris convention
How may the rights in a mark be acquired Through registration
The publisher of a book Reproduction of the typographical
The convention of paris for the protection of NOT none/giving/according
industrial
The mark Cosmopolite ; Registrable because it has no relation
The following are samples of descriptive marks Thin crust/1100% wool
See me, feel me Consists of immoral, deceptive
Keyboard Trademark
A mark which is considered by the competent True
authority keyboard
Literary abd artistic works, Lea salongas
Mike

Jose polapoy A transfer or assignment
What is well-known mark A mark that is declared as such party by a
judge
Brillianteverzosa The movie is protected irrespective of its
content
First-to-file False. Copyright accrues from the moment of
creation
Suggestive marks Microsoft/suprasilk/master roast
Abercrombie NONE OF THE ABOVE
The recordal system None of the above
A marks which is considered by the competent When used for identical or similar goods or
authority services
While visiting makati A and b
Original ornamental designs Not design is dictated
Copyright shall consist of the exclusive right to Copyright allows some monopoly subject to
carry out some limitations provided by law

The following provision normally Copyright or economic rights
In pearl & dean Not none of the abaove
In ELIDAD C. KHO reason for the failure Not the copyright
In Habana versus robles If somuch is taken
Probable cause Must adhere
Moral rights pertain to Attribution and integrity
Copyright, in the strict sense of the term, Notwithstanding
Frederick perez wrote and published Notto sue because no copyright
Continuing the saga CCTV network owns the copyright because
Fred peres wrote Scenario for Frederick, the
great
It turns out that fredperez lifted Junk it
Kyle so You advise rose publishing file an action for
damages
Yvonne is the school The public performance
The objective of the WIPO NOT true. When
In metro-goldwyn NOT one who
Trademark, copyright and patents are
different NOT the foregoing provided the basis
In Filipino society of composers Simply chaitable
In Columbia pictures The obtainement
In the Columbia case NOT. It is true
To protect trademark owners, the law p False
A mark cannot be copyrighted if it consists False

2. 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 Reciprocity

Right of Priority

Right of Preference

Right of Parity

12. 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.

A useful machine, an implement or tool, a product or composition or an
improvement of any of the foregoing.

Any technical solution of a problem in any field of human activity which is
new and industrially applicable.

None of the above.


If two or more persons have made the invention jointly, the right to the
patent shall belong to the person who filed first an application for such
invention.

If there are two or more applications are filed for the same invention, to
the applicant who has the earliest filing date or, the earliest priority date.

If two more persons have made the invention separately and
independently of each other, the right to the patent shall belong to both
who filed an application for such invention.

None of the above.

15. The principle of unity of invention requires that an application for patent shall
relate to one invention only or to a group of inventions forming a single general
inventive concept. Hence, the Director may require that the application be
restricted to a single invention in the following case/s:

(1 point)

If the inventor sees an opportunity to create several independent
inventions may be claimed from the application even if they form a single
general inventive concept.

If several independent inventions do not form a single general inventive
concept are claimed in one application, as determined by the Director.

If there are several inventions that form a single general inventive concept
are claimed in one application, as determined by the Director.

A and C

4. A utility model registration shall expire, without any possibility of

renewal, at the end of the of
the application.
(1 point)

7th

year after the date of the filing

5. Which does not belong to the group? (1 point)

Micro-organisms and non-biological and microbiological processes.

Discoveries, scientific theories and mathematical methods.

Methods for treatment of the human or animal body by surgery or therapy
and diagnostic methods practiced on the human or animal body. This
provision shall not apply to products and composition for use in any of
these methods

Schemes, rules and methods of performing mental acts, playing
games or doing business, and programs for computers.

6. The patent examiner, considering an application for patent
involving a gadget that will enable the user to see through human

flesh failed to consider that said application for patent related to a group of
inventions that did not form a single general inventive concept. Eventually, a
letters patent was granted. After discovering the lapse, the Director decided to
order the cancellation of the patent. (1 point)

He is legally correct because he may require that the application be
restricted to a single invention.

He is legally correct because the patent has been granted on an
application that did not comply with the requirement of unity of
invention.

He is legally wrong because failure to comply with the requirement of
unity of invention shall not be a ground to cancel the patent.

He is legally wrong because a divisional application filed for an
invention shall be considered as having been filed on the same day as
the first application if the later application is filed within the period
allowed, or as may be granted and each divisional application shall not
go beyond the disclosure in the initial application.

25. Patents to protect inventions; and industrial designs, which are aesthetic creations
determining the appearance of industrial products, as well as trademarks, service
marks, layout-designs of integrated circuits, commercial names and designations,
geographical indications, and protection against unfair competition fall under: (1
point)

Commercial Property


Pharmaceuticals


Industrial property

27. Any technical solution of a problem in any field of human activity which is new
and industrially applicable and which may be, or may

relate to, a useful machine, an implement or tool, a product or composition or
an improvement of any of the foregoing, would be a: (1 point)

Work of Applied Art

Industrial Design

Utility Model

Invention

Collective Mark

Trademark

Logo

Utility Design

31. Original ornamental designs or models for articles of manufacture and other
works of applied art are copyrightable. However, they may also be registered as
industrial designs under the law on patents if: (1 point)

The design does not give a special appearance to nor serves as pattern
for an industrial product or handicraft.

The design gives a special appearance to and can serve as pattern for an
industrial product or handicraft.

The design is dictated essentially by technical or functional
considerations to obtain a technical result.

The design is not dictated essentially by technical or functional
considerations to obtain a technical result.

35. A patent application, which been published, and all related documents,
shall not be made available for inspection without the consent of the
applicant.

(1 point)

True

False

37. 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 against Claveria because
his rights retroact to the filing date.

Pormento cannot file a patent infringement case because the
infringing acts occurred in November, 2010.

Pormento can file a patent infringement case because the
infringing acts occurred in November, 2010.

Pormento cannot file a patent infringement case because a patent takes
effect on the date of the publication of the grant of the patent in the IPO
Gazette.

38. For an invention to be new, it must not be part of prior art. However, the
disclosure of information by the inventor contained in an application during the
twelve (12) months preceding the filing date or the priority date of the
application shall not be considered prior art. This is referred to as (1 point)

Prejudicial disclosure.

Termination with extreme prejudice.


Non-prejudicial admission.

39. The term of a patent shall be
20
years from the filing

date of the application. (Sec. 21, R. A. No. 165a) (1
point)

45. An interested person may petition to cancel a patent or any claim thereof, or
parts of the claim, on any of the following grounds, EXCEPT: (1 point)

That what is claimed as the invention is not new or patentable;

invention.

That the patent does not disclose the invention in a manner
sufficiently clear and complete for it to be carried out by any person
skilled in the art;

That the patent is contrary to public order or morality.

HONORABLE COURT OF APPEALS and TRYCO PHARMA

CORPORATION, respondents, When the language of its claims is clear and
distinct, the patentee is bound thereby and may not claim anything beyond
them. And so are the courts bound which may not add to or detract from the
claims matters not expressed or necessarily implied, nor may they enlarge the
patent beyond the scope of that which the inventor claimed and the patent office
allowed, even if the patentee may have been entitled to something more than the
words it had chosen would include.

The foregoing serves to emphasize that, in patent infringement cases, (1 point)

The accuracy and completeness of the claims will not help in
determining the violations, if any, of the respondent.

The strength of plaintiffs cause of action will be based not so much on
the claims enumerated in the Patent as the acts of defendant deemed
in violation thereof.

The extent of protection conferred by the patent shall be determined by
the claims, which are to be interpreted in the light of the description and
drawings.

None of the above.

48. 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)

True

False

49. 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.

The application shall disclose the invention in a manner reasonably
accurate and concise for it to be understood by a person with
sufficient discretion.

At all times, the application shall be supplemented by a deposit of of the
material sought to be patented with an international depository institution.

The request shall contain a petition for the grant of the patent, the
name and other data of the applicant, the inventor and the agent and
the title of the invention.

58. The requirements of registrability of utility models are the following,
EXCEPT:

(1 point)

new

industrially applicable

original
novel

60. An invention qualifies for registration as a utility model if it is new and
involves an inventive step.
(1 point)

True. A utility model registration shall expire, without any possibility
of renewal, at the end of the seventh year after the date of the filing of
the application.

False. The rule is settled that the findings of fact of the Director of Patents,
especially when affirmed by the Court of Appeals, are conclusive on this
Court when supported by substantial evidence.

False. Inventive step is not necessary. True.
There must be industrial applicability.

68. In the case of a divisional application, a later application filed for an invention
divided out shall be considered as having been filed on the same day as the first
application if the later application is filed within the period allowed, or as may
be granted and each divisional application shall not go beyond the disclosure in
the initial application. (1 point)

True

False

78. Only layout -designs of integrated circuits that are

____________ shall benefit from protection under the law (1
point)

original

new

aesthetic

none of the above.

79. 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

industrial designs

copyrightable designs
fashion designs

86. A layout-design shall be considered original if it is the result of its creator's
own intellectual effort and is not commonplace among creators of layout-
designs and manufacturers of integrated circuits at the time of its creation.

(1 point)

true

fase

It is not relevant.

None of the above

7. The following is part of prior art: (1 point)

Everything which has been made available to the public anywhere in the
world, before the filing date or the priority date of the application claiming
the invention.

The whole contents of an application for a trademark registration,
published in accordance with the IP Code filed or effective in the
Philippines, with a filing or priority date that is earlier than the filing or
priority date of the application.

The whole contents of a patent application which has validly claimed the
filing date of an earlier application under Section 31 of this Act.

None of the above.

92. A three-dimensional disposition, however expressed, of the elements, at least one of
which is an active element, and of some or all of the interconnections of an
integrated circuit, or such a three-dimensional disposition prepared for an IC
intended for manufacture is
a

(1 point)

Industrial Design

Trade secret

Logo

Work of Applied Art

Invention

Utility Model

Lay-out Design

Trademark

Utility Design

Geographical Indications

protection:

(1 point)

Pythagorean Theorem

E=MC2


Cholecystectomy, appendectomy, cauterization

95. Gregory Moreland is a US citizen who has been a Philippine resident for the last
twenty years. By profession, he is an Engineer, but like a little boy, he never
ceases to tinker with gadgets and always dreams of providing the world with the
cheapest solutions to human problems. One day, he applied with the IPO for a
patent for his invention, a head gear, which allows the wearer to listen to the
thoughts of persons within five meters away. The Patent Examiner, on
examination, ruled that the invention is NOT patentable because it is not new.
An new invention, to be patentable (1 point)

Must not be part of prior art.

Must not have been made available to the public anywhere in the world, before the
filing date or the priority date of the application claiming the invention.

All of the above None of
the above.

96. An invention qualifies for registration as a utility model if it is new and involves an
inventive step.

(1 point)

especially when affirmed by the Court of Appeals, are conclusive on this Court
when supported by substantial evidence.


True. A utility model registration shall expire, without any possibility of
renewal, at the end of the seventh year after the date of the filing of the
application.

True. There must be industrial applicability.

98. The registration of an industrial design shall be for a period of five

years from the filing date of the application, subject to renewal for not

more than
2
consecutive periods of five (5) years

each. (1 point)

1. Which does not belong to the group?

Schemes, rules and methods of performing mental acts, playing games or
doing business, and programs for computers.

Methods for treatment of the human or animal body by surgery or therapy
and diagnostic methods practiced on the human or animal body. This
provision shall not apply to products and composition for use in any of these
methods
Discoveries, scientific theories and mathematical methods.

Micro-organisms and non-biological and microbiological processes. (correct


2. A petition to cancel a registration of a mark may be filed with the Bureau of Legal
Affairs by any person who believes that he is or will be damaged by the
registration of a mark at any time, if the registered owner of the mark without
legitimate reason fails to use the mark within the Philippines, or to cause it to be
used in the Philippines by virtue of a license during an uninterrupted period of *
years or longer.
2

3 (correct answer, your
response)
4
5
10


3. The following articles of imported merchandise shall be admitted to entry at any
customhouse of the Philippines:

Those which shall copy or simulate the name of any domestic product, or
manufacturer, or dealer. (your response)

Those which shall copy or simulate a mark registered in accordance with the
IP Code.

Those which shall bear a mark or trade name calculated to induce the public
to believe that the article is manufactured in the Philippines.

Those which shall bear a mark or trade name calculated to induce the public
to believe that the article is manufactured in any foreign country or locality
where it is the country or locality where it is in fact manufactured. (correct
answer)


4. Unfair competition is not committed by:

A person, who is selling his goods and gives them the general appearance of
goods of another manufacturer or dealer, either as to the goods themselves or
in the wrapping of the packages in which they are contained, or the devices or
words thereon, or in any other feature of their appearance, which would be
likely to influence purchasers to believe that the goods offered are those of a
manufacturer or dealer, other than the actual manufacturer or dealer, or who
otherwise clothes the goods with such appearance as shall deceive the public
and defraud another of his legitimate trade, or any subsequent vendor of such
goods or any agent of any vendor engaged in selling such goods with a like
purpose.

A person who by any artifice, or device, or who employs any other means
calculated to induce the false belief that such person is offering the services of
another who has identified such services in the mind of the public.

A person who shall make any false statement in the course of trade or who
shall commit any other act contrary to good faith of a nature calculated to
discredit the goods, business or services of another.

A person who uses 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 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. (correct answer, your response)


5. The requirements of registrability of utility models are the following, EXCEPT:

new

industrially
applicable

original (correct
answer)

novel (your
response)


6. Any visible sign capable of distinguishing goods or services (service mark) of an
enterprise and shall include a stamped or marked container of goods would be a:

Work of Applied Art
Industrial Design
Lay-out Designs
Utility Design
Invention
Logo
Trade secret
Utility Model

Trademark (correct answer, your
response)


7. The disclosure of information contained in the application during the twelve (12)
months preceding the filing date or the priority date of the application shall not
prejudice the applicant on the ground of lack of novelty if such disclosure was
made the following, except one:
The inventor.

A patent office and the information was contained in another application filed
by the inventor and should not have been disclosed by the office or in an
application filed without the knowledge or consent of the inventor by a third
party which obtained the information directly or indirectly from the inventor.

A third party which obtained the information directly or indirectly from the
inventor.
None (correct answer, your response)


8. What is a patent?

A grant issued by the Philippine Government giving an inventor the right to
exclude others from making, using or selling his invention within the
Philippines in exchange for his patentable information or disclosure (Quid
Pro Quo). (correct answer, your response)


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.

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


9. The following is part of prior art:

the invention. (correct answer, your response)

The whole contents of an application for a trademark registration, published
in accordance with the IP Code filed or effective in the Philippines, with a
filing or priority date that is earlier than the filing or priority date of the
application.

The whole contents of a patent application which has validly claimed the
filing date of an earlier application under Section 31 of this Act.
None of the above.



False. An application for registration of a mark filed in the Philippines by a
person referred to in Section 3 of the IP Code, and who previously duly filed
an application for registration of the same mark in one of those countries,
shall be considered as filed as of the day the application was first filed in the
foreign country.

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.

False. Copyright accrues from the moment of creation. (correct answer, your
response)

True. If two (2) 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.


respondents, When the language of its claims is clear and distinct, the patentee
is bound thereby and may not claim anything beyond them. And so are the courts
bound which may not add to or detract from the claims matters not expressed or
necessarily implied, nor may they enlarge the patent beyond the scope of that
which the inventor claimed and the patent office allowed, even if the patentee
may have been entitled to something more than the words it had chosen would
include.

The foregoing serves to emphasize that, in patent infringement cases,

The accuracy and completeness of the claims will not help in determining the
violations, if any, of the respondent.

The strength of plaintiffs cause of action will be based not so much on the
claims enumerated in the Patent as the acts of defendant deemed in violation
thereof.

The extent of protection conferred by the patent shall be determined by the
claims, which are to be interpreted in the light of the description and
drawings. (correct answer, your response)
None of the above.


12. 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:

A product, or process, or an improvement of any of the foregoing. (correct

A useful machine, an implement or tool, a product or composition or an
improvement of any of the foregoing.

None of the above.


13. The principle of unity of invention requires that an application for patent
shall relate to one invention only or to a group of inventions forming a single
general inventive concept. Hence, the Director may require that the application
be restricted to a single invention in the following case/s:

If the inventor sees an opportunity to create several independent inventions
may be claimed from the application even if they form a single general
inventive concept.

If several independent inventions do not form a single general inventive
concept are claimed in one application, as determined by the Director.
(correct answer)

If there are several inventions that form a single general inventive concept are
claimed in one application, as determined by the Director.
A and C (your response)


14. The mark "Callista Flockhart", as used for tonic drinks and and health
products, is:

Registrable because a generic term is one that refers, or has come to be
understood as referring, to the genus of which the particular product is a
species.

Not registrable because a generic term is one that refers, or has come to be
species.

Not registrable because it is likely to mislead the public, particularly as to the
nature, quality, characteristics or geographical origin of the goods or services.

Registrable because nature of the goods to which the mark is applied will not
constitute an obstacle to registration.
Registrable because it has no relation to the goods or services being sold.

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.

Not registrable because it serves 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.
None of these

Not registrable unless Ms. Flockhart gives her blessing . (correct answer, your
response)


15.The following mark may not be registrable as it may not acquire a secondary
meaning:

it consists exclusively of signs or of indications that may serve in trade to
designate the kind, quality, quantity, intended purpose, value, geographical
origin, time or production of the goods or rendering of the services, or other
characteristics of the goods or services;

it consists of shapes that may be necessitated by technical factors or by the
nature of the goods themselves or factors that affect their intrinsic value;

it 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; (correct answer, your response)
None.


16. Industrial applicability means

The invention must be of practical use, or capable of some kind of industrial
application. (correct answer, your response)
The invention must involve an inventive step.
The invention must be new and not part of prior art.
The invention must be a solution to a technical problem.


17. A petition to cancel a registration of a mark may be filed with the Bureau of Legal
Affairs by any person who believes that he is or will be damaged by the
registration of a mark at any time, if the registered mark is being used by, or with
the permission of, the registrant so as to misrepresent the source of the goods or
services on or in connection with which the mark is used.
partly true

true (correct answer, your
response)
False
not true not false.


18. 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:

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;

Consists of a name, portrait or signature identifying a particular living
individual 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;

Consists of a name, portrait or signature identifying a particular deceased
individual, or the name, signature, or portrait of the husband of a living
President of the Philippines, during the life of his widow, if any, except by
written consent of the widow;


19. What is a Trademark?

inventions, utility models and industrial designs.

enterprise and shall include a stamped or marked container of goods. (correct

Pro Quo).



20. Jessie holds a copyright registration for a Utility Model, Leaf Spring Eye
Bushing for Automobile made up of plastic. It is described as

comprising a generally cylindrical body having a co-axial bore that is centrally
located and provided with a perpendicular flange on one of its ends and a
cylindrical metal jacket surrounding the peripheral walls of said body, with the
bushing made of plastic that is either polyvinyl chloride or polypropylene.[31]
Likewise, the Vehicle Bearing Cushion is illustrated as a bearing cushion
comprising a generally semi-circular body having a central hole to secure a
conventional bearing and a plurality of ridges provided therefore, with said

Jennifer produced and distributed similar bushings. Jessie sued for copyright
infringement. The suit will not prosper because:

The bushings are not intellectual creations in the literary and artistic domain,
or works of applied art. They are certainly not ornamental designs or one
having decorative quality or value.

The bushings are useful articles which have an intrinsic utilitarian function
that is not merely to portray the appearance of the article or to convey
information.
None of these.


21. When two (2) or more persons have jointly made an invention, the right to
a _________ shall belong to them jointly.
trademark
Copyright
neighboring right
utility model

patent (correct answer, your
response)


22. Who is one who actively induces the infringement of a patent or provides
the infringer with a component of a patented product or of a product produced
because of a patented process knowing it to be especially adopted for infringing
the patented invention and not suitable for substantial non-infringing use?
innocent infringer

contributory infringer (correct answer, your
response)
vicarious infringer
direct infringer


23. Except in one instance below, infringement shall be committed by any
person who shall, without the consent of the owner of the registered mark by:

Use in commerce of 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.
Reproduce, counterfeit, copy or colorably imitate a registered mark or a
dominant feature thereof and apply such reproduction, counterfeit, copy or
colorable imitation to labels, signs, prints, packages, wrappers, receptacles or
advertisements intended to be used in commerce upon or in connection with
the sale, offering for sale, distribution, or advertising of goods or services on
or in connection with which such use is likely to cause confusion, or to cause
mistake, or to deceive.

Employ deception or any other means contrary to good faith by which he
shall pass off the goods manufactured by him or in which he deals, or his
business, or services for those of the one having established such goodwill, or
who shall commit any acts calculated to produce said result. (correct answer,
your response)
None in the list


24. In trademark infringement, damages may be doubled when:
attended by circumvention of technological protection measures.

actual intent to mislead the public or to defraud the complainant is shown.
in the discretion of the court, it says so.
when there is alteration of rights management information.
None


25. How may the rights in a mark be acquired ?

Trademark rights are acquired through first use and adoption of the
mark.
Trademark rights are acquired through intellectual creation.
Trademark rights are acquired from the moment of creation.

Trademark rights are acquired through registration. (correct answer,
your response)


26. A three-dimensional disposition, however expressed, of the elements, at
least one of which is an active element, and of some or all of the interconnections
of an integrated circuit, or such a three-dimensional disposition prepared for an
IC intended for manufacture is a

Invention
Trade secret
Utility Model
Utility Design
Trademark
Logo
Industrial Design
Work of Applied Art

Lay-out Design (correct answer, your
response)


27. Notwithstanding the provisions on the cancellation of trademarks before
the IPO, the Regional Trial Court, vested with jurisdiction to hear and adjudicate
any action to enforce the rights to a registered mark shall likewise exercise
jurisdiction to determine whether the registration of said mark may be cancelled.
partly true

response)
False
not true not false


28. Any interested person may petition to cancel the patent or any claim
thereof, or parts of the claim, on any of the
following grounds, except one:
That what is claimed as the invention is not new or patentable.

That the patent does not disclose the invention in a manner sufficiently clear
and complete for it to be carried out by any person skilled in the art.

That what is claimed in the patent is not sufficiently distinct. (correct answer,
your response)


29. A Government agency or third person authorized by the Government may
exploit the invention even without agreement of the patent owner in any of the
following, except one, cases:

The public interest, in particular, national security, nutrition, health or the
development of other sectors, as determined by the appropriate agency of the
government, so requires; or

A judicial or administrative body has determined that the manner or
exploitation, by the owner of the patent or his licensee, is anticompetitive; or

In the case of drugs and medicines, there is a national emergency or other
circumstance of extreme urgency requiring the use of the invention; or

In the case of drugs and medicines, there is public noncommercial use of the
patent by the patentee, with satisfactory reason; or (correct answer, your
response)

In the case of drugs and medicines, the demand for the patented article in the
Philippines is not being met to an adequate extent and on reasonable terms,
as determined by the Secretary of the Department of Health."


30. Prior art shall consist of the following, except one:

the invention.

The whole contents of an application for a patent, utility model, or industrial
design registration, published in accordance with this Act, filed or effective in
the Philippines, with a filing or priority date that is earlier than the filing or
priority date of the application.

disclosure of information contained in the application during the twelve (12)
months preceding the filing date or the priority date of the application shall
not prejudice the applicant on the ground of lack of novelty if such disclosure
was made by the inventor. (correct answer, your response)


protection:

Pythagorean Theorem
E=MC2

Laparoscopic machine for cholecystectomy. (correct answer, your
response)
Cholecystectomy, appendectomy, cauterization


32. The mark "Cosmopolite", as used for canned tuna, is:

species.

species.




a mark.

services.
None of these


33. In AMIGO MANUFACTURING, Inc., petitioner, vs. CLUETT PEABODY
CO., INC., respondent, the findings of the then Bureau of Patents that GOLD
TOP was confusingly and deceptively similar to GOLD TOE was sustained by
Supreme Court by invoking:

The totality or holistic test
The dominancy test
The law of equivalents

None of the above. (correct answer, your
response)


34. Section 123.2, which provides that As regards signs or devices mentioned
in paragraphs (j), (k), and (l), nothing shall prevent the registration of any such
sign or device which has become distinctive in relation to the goods for which
registration is requested as a result of the use that have been made of it in
commerce in the Philippines. The Office may accept as prima facie evidence that
the mark has become distinctive, as used in connection with the applicants goods
or services in commerce, proof of substantially exclusive and continuous use
thereof by the applicant in commerce in the Philippines for five (5) years before
the date on which the claim of distinctiveness is made defines the concept of:

secondary meaning (correct answer, your
response)
holistic approach
dominant approach
doctrine of equivalents
None


35. A registered mark shall not be deemed to be the generic name of goods or
services solely because such mark is also used as a name of or to identify a unique
product or service.
partly true

true (correct
answer)

false (your
response)
not true not false.


36. An interested person may petition to cancel a patent or any claim thereof,
or parts of the claim, on any of the following grounds, EXCEPT:

That what is claimed as the invention is not new or patentable;

The application did not comply with the requirement of unity of invention.

That the patent does not disclose the invention in a manner sufficiently clear
and complete for it to be carried out by any person skilled in the art;


37. Gregory Moreland is a US citizen who has been a Philippine resident for
the last twenty years. By profession, he is an Engineer, but like a little boy, he
never ceases to tinker with gadgets and always dreams of providing the world
with the cheapest solutions to human problems. One day, he applied with the IPO
for a patent for his invention, a head gear, which allows the wearer to listen to
the thoughts of persons within five meters away. The Patent Examiner, on
examination, ruled that the invention is NOT patentable because it is not new. An
new invention, to be patentable
Must not be part of prior art. (correct answer)

Must not have been made available to the public anywhere in the world,
before the filing date or the priority date of the application claiming the
invention.
All of the above (your response)
None of the above.


38. The then Ministry of Trade on November 20, 1980 issued a memorandum
addressed to the Director of the Patents Office directing the latter

". . . reject all pending applications for Philippine registration of signature and
other world famous trademarks by applicants other than its original owners or
users.

"The conflicting claims over internationally known trademarks involve such name
brands as Lacoste, Jordache, Gloria Vanderbilt, Sasson, Fila, Pierre Cardin,
Gucci, Christian Dior, Oscar de la Renta, Calvin Klein, Givenchy, Ralph Lauren,
Geoffrey Beene, Lanvin and Ted Lapidus.

"It is further directed that, in cases where warranted, Philippine registrants of
such trademarks should be asked to surrender their certificates of registration, if
any, to avoid suits for damages and other legal action by the trademarks' foreign
or local owners or original users."

This administrative issuance was made pursuant to
Rome Convention
TRIPS
Berne Convention

Paris Convention (correct answer, your
response)


39. For an invention to be new, it must not be part of prior art. However, the
disclosure of information by the inventor contained in an application during the
twelve (12) months preceding the filing date or the priority date of the application
shall not be considered prior art. This is referred to as
Prejudicial disclosure.
Termination with extreme prejudice.

Non-prejudicial disclosure. (correct answer, your
response)
Non-prejudicial admission.


40. The Dominancy Test, applied in determining confusing similarity in
trademarks, means:

It is elementary that a patent may be infringed where the essential or
substantial features of the patented invention are taken or appropriated, or
the device, machine or other subject matter alleged to infringe is substantially
identical with the patented invention. In order to infringe a patent, a machine
or device must perform the same function, or accomplish the same result by
identical or substantially identical means and the principle or mode of
operation must be substantially the same.

If the competing trademark contains the main or essential or dominant
features of another, and confusion and deception is likely to result,
infringement takes place. Duplication or imitation is not necessary; nor is it
necessary that the infringing label should suggest an effort to imitate. (correct

In determining whether the trademarks are confusingly similar, a comparison
of the words is not the only determinant factor. The trademarks in their
entirety as they appear in their respective labels or hang tags must also be
considered in relation to the goods to which they are attached. The discerning
eye of the observer must focus not only on the predominant words but also on
the other features appearing in both labels in order that he may draw his
All of the above.


41. Under the law on Patent, the right to a patent belongs to:
the person who created the invention. (correct answer)
the putative heirs of the inventor.

the person who filed first the application for the invention. (your
response)

the employee who made the invention in the course of his
employment contract.


42. 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:

It is immoral, deceptive or scandalous to use Coca-cola for massage and/or
spa services.

It is identical with, or confusingly similar to, or constitutes a translation of a
mark which is considered by the competent authority of the Philippines to be
well-known internationally and in the Philippines, whether or not it is
registered here, as being already the mark of a person other than the
applicant for registration, and used for identical or similar goods or services.

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. (correct answer)
None of the above as there is no ground to oppose. (your response)


43. 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:

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

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; (correct answer, your response)

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;
None of the above.


44. The recordal system of registration in the Copyright Office is different
from the Trademark system of registration in that

In the Trademark Register, the issuance of registration is ministerial upon
submission of an application that is complete in form and substance.

The National Library undertakes a procedure to verify the veracity of the
claim of authorship by a registrant with respect to a copyrightable work.

In the Trademark Register, there is a substantive examination conducted to
determine the registrability of copyrightable works.


45. The First to File Rule simply means that:

If two or more persons have made the invention jointly, the right to the
patent shall belong to the person who filed first an application for such
invention.

If there are two or more applications are filed for the same invention, to the
applicant who has the earliest filing date or, the earliest priority date. (correct

If two more persons have made the invention separately and independently
of each other, the right to the patent shall belong to both who filed an
application for such invention.
None of the above.


46. Joy Personal Products, Inc. manufactures and distributes toothpaste in
tubes under the trademark Calgary Fresh. Colgate Palmolive has sought your
opinion on whether Joy Personal Products Inc. is committing unfair competition
because, among other matters, it is also using plastic tubes in the marketing of its
toothpaste products. You advise Colgate that the use of plastic tubes cannot per se
be a ground to impute unfair competition because:

As held in CONVERSE RUBBER CORPORATION and EDWARDSON
MANUFACTURING CORPORATION, plaintiffs-appellants, vs. JACINTO
RUBBER & PLASTICS CO., INC., and ACE RUBBER & PLASTICS
CORPORATION, defendants-appellants, "the respective designs, shapes, the
colors of the ankle patches, the bands, the toe patch and the soles of the two
products are exactly the same . . . (such that) "at a distance of a few meters, it
is impossible to distinguish "Custombuilt" from "Chuck Taylor". These
elements are more than sufficient to serve as basis for a charge of unfair
competition.

APPEALS and SAN MIGUEL CORPORATION, respondents, SMC's being
the first to use the steinie bottle does not give SMC a vested right to use it to
the exclusion of everyone else. 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. Nobody can acquire any exclusive right to market
articles supplying simple human needs in containers or wrappers of the
general form, size and character commonly and immediately used in
marketing such articles xxx. (correct answer, your response)
a) and b)
None of the above.


47. 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:

Trademark applications for sex toys may not be granted because sex toys are
contrary to public morals.

In any suit for infringement, the owner of the registered mark shall not be
entitled to recover profits or damages unless the acts have been committed
with knowledge that such imitation is likely to cause confusion, or to cause
mistake, or to deceive.

For purposes of registration, what the IPO examines is not the product or
service to which a mark is to be applied, but the mark itself. (correct answer,
your response)
None of the above.


48. What is a well-known mark?

a mark that is so declared by a competent and authoritative business based
on its profitability.
a mark that is popular and known all over the world.

a mark that is declared as such by a judge based on certain given criteria.
a mark that attains at least US$3B in value.


49. Where goods and/or services belonging to several classes of the Nice
Classification have been included in one (1) application, such an application shall
result in _____ registration.

one (correct answer, your
response)
Two
multiple
omnibus


50. A technical solution of a problem in any field of human activity, to be
patentable, must be, among other traits:

Aesthetic
Original Disincentive Step
industrially vulnerable

novel (correct answer, your
response)


51.If a person who made the invention and filed the application for patent other
than the applicant, is declared by final court order or decision as having the right
to the patent, such person may, within three (3) months after the decision has
become final do any or some of the following, except one:

Prosecute the application as his own application in place of the
applicant, or
File a new patent application in respect of the same invention; or
Seek damages for the applicant (correct answer, your response)
Request that the application be refused; or
Seek cancellation of the patent, if one has already been issued.


52. In an action for trademark infringement, the court may order that goods
found to be infringing be, without compensation of any sort, disposed of outside
the channels of commerce in such a manner as to avoid any harm caused to the
right holder, or destroyed; and all labels, signs, prints, packages, wrappers,
receptacles and advertisements in the possession of the defendant, bearing the
registered mark or trade name or any reproduction, counterfeit, copy or colorable
imitation thereof, all plates, molds, matrices and other means of making the
same, shall be delivered up and destroyed when:

a violation of any right of the owner of the registered mark is established. (correct
answer)
the owner of the registered trademark posts a bond.
the alleged infringer delays the case.

the infringing goods bear trademarks confusingly similar to a well-known mark.
(your response)


53. 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:
Construction of light boxes from technical drawings violates copyright.

Preparing Roast Pig a la Marketmanila (http://www.marketmanila.com/) as
described in his blog site (http://www.marketmanila.com/) does not violate
copyright. (correct answer)
Planting rice, as described in a Filipino folk song, is never fun.
None of the above. (your response)


54. 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:

The phrase pale pilsen is generic words descriptive of the color of a type of
beer. (correct answer, your response)

"Pilsen" is a not primarily geographically descriptive word," hence,
registerable and appropriable by a beer manufacturer.
Pilsen is a kind of beer that even justices cannot resist.
All of the above.
None of the above


55. 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.


Trademark rights are acquired through registration. (correct answer, your
response)

The copyright of the treatise does not give to the author the exclusive right to
the art or manufacture described in his work.

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.
None of the above.


56. Any patentee, or anyone possessing any right, title or interest in and to the
patented invention, whose rights have been infringed, may bring a * action before
a court of competent jurisdiction, to recover from the infringer such damages
sustained thereby, plus attorneys fees and other expenses of litigation, and to
secure an injunction for the protection of his rights.
quasi-judicial

civil (correct answer, your
response)
Criminal
all of these


57. Restituto Bicomong is such a patriotic fellow. When he decided to
distribute abroad his uniquely designed buri mats, he came up with a trademark
application consisting of the word Banig and the representation of the
Philippine Flag, as shown.The application will most likely be denied by IPO even
if Resty removed the Philippine Flag because a mark may not be registrable if it:

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

they seek to identify; (correct answer, your response)

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;
None of the above.


58. 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: Provided, That: (a) the local application
expressly claims priority; (b) it is filed within twelve (12) months from the date
the earliest foreign application was filed; and (c) a certified copy of the foreign
application together with an English translation is filed within six (6) months
from the date of filing in the Philippines describes a
Right to patent
Right to Invent

Right of Priority (correct answer, your
response)
Right of Application


59. A layout-design shall be considered original if it is the result of its creator's
own intellectual effort and is not commonplace among creators of layout-designs
and manufacturers of integrated circuits at the time of its creation.

response)
Fase
It is not relevant.
None of the above


60. The effect of the non-payment of the annual fee to maintain the patent or
the application is that the patent application shall be deemed
archived until payment is made.
withdrawn or the patent considered as lapsed. (correct answer)

rejected or denied from the day following the expiration of the period within
which the annual fees were due. (your response)
rejected subject to payment of the annual fee.


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.

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. (correct
A and b above.
None of the above.


62. The registration for a period of ten (10) years, without renewal, counted
from the date of commencement of the protection accorded thereto, applies to:

lay-out designs (correct answer, your
response)
industrial designs
copyrightable designs
fashion designs


63. A petition to cancel a registration of a mark may be filed with the Bureau
of Legal Affairs by any person who believes that he is or will be damaged by the
registration of a mark, except:
if the registered mark has been abandoned.

its registration was obtained fraudulently or contrary to the
provisions of this Act.

if the registered mark has been infringed. (correct answer, your
response)
None.




application.
False. Inventive step is not necessary. (correct answer, your response)


65. A certificate of registration of a mark shall be prima facie evidence of the
following, save one:
validity of the registration
legal infirmity of confusingly similar marks. (correct answer, your response)
the registrants ownership of the mark,

the registrants exclusive right to use the same in connection with the goods
or services and those that are related thereto specified in the certificate.


66. In Ang versus Teodoro, G.R. No. 48226. December 14, 1942, petitioner
made a frontal sledge-hammer attack on the validity of respondent's trademark
"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.

This argument was sustained by the Court, further holding that function of a
trade-mark is to point distinctively, either by its own meaning or by
association, to the origin or ownership of the wares to which it is applied.

This argument was rejected by the Court, further holding that function of a
trade-mark is to point distinctively, either by its own meaning or by
association, to the quality, or description of the merchandise or of the wares
to which it is applied.

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. (correct

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 may be used adjectively to define or describe an object.


67. If two (2) or more persons have made the invention separately and
independently of each other, the right to the patent shall belong to
the person who signed and prepared an application for such invention.
the person who prepared an application for such invention.
the person who signed an application for such invention.

the person who filed an application for such invention. (correct answer,
your response)


68. In any suit for infringement, the owner of the registered mark shall not be
entitled to recover profits or damages unless the acts have been committed with
knowledge that such imitation is likely to cause confusion, or to cause mistake, or
to deceive. Such knowledge is presumed in the following cases, except one:

if the registrant gives notice that his mark is registered by displaying with the
mark the words "Registered Mark.

markthe letter R within a circle.

mark the letter C within a circle. (correct answer, your response)
if the defendant had otherwise actual notice of the registration.


69. Inventive step means

The invention must be of practical use, or capable of some kind of industrial
application.

The invention is not obvious to person with average knowledge of the
technical field. (correct answer, your response)
The invention must be new and not part of prior art.
The invention must be a solution to a technical problem.


70. The patent shall belong to the employer of an employee who made the
invention in the course of his employment contract

even if the invention is the result of the performance by the employee outside
of his regularly-assigned duties.

if the invention is the result of the performance of his specially-assigned
duties, unless there is an agreement, express or implied, to the contrary.

if the invention is the result of the performance of the employees regularly-
assigned duties, unless there is an agreement, express or implied, to the
contrary. (correct answer, your response)

if the invention is not the result of the performance of his regularly-assigned
duties, unless there is an agreement, express or implied, to the contrary.


71. The filing date of an application shall be the date on which the Office received the
following indications and elements in English or Filipino, except:

An express or implicit indication that the registration of a
mark is sought;
The identity of the applicant;

Indications sufficient to contact the applicant or his
representative, if any;
A reproduction of the mark whose registration is sought;

The list of the goods or services for which the registration is
sought.
none (correct answer, your response)


72. Any technical solution of a problem in any field of human activity which is
new and industrially applicable and which may be, or may relate to, a useful
machine, an implement or tool, a product or composition or an improvement of
any of the foregoing, would be a:
Trademark
Logo
Industrial Design
Work of Applied Art
Collective Mark
Utility Design

Utility Model (correct
answer)
Invention (your response)


73. 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.
The statement is false.
The statement is partly true.
The statement is preposterous.

None of the above. (correct answer, your
response)


74. The filing of a suit to enforce the registered mark with the proper court or
agency shall exclude any other court or agency from assuming jurisdiction over a
* filed petition to cancel the same mark.
previously

subsequently (correct answer, your
response)
simultaneously
remotely


75. Where two or more applications are filed for the same invention, the
applicant who has the earliest filing or priority date shall have the

right to carry out, authorize or prohibit the use of the
invention.
right to patent. (correct answer, your response)

right to enjoy the pecuniary benefits to be derived from the
invention.
right to communicate the invention to the public.


76. 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,

Pormento can file a patent infringement case against Claveria because his
rights retroact to the filing date.

Pormento cannot file a patent infringement case because the infringing acts
occurred in November, 2010.

Pormento can file a patent infringement case because the infringing acts
occurred in November, 2010. (correct answer, your response)

Pormento cannot file a patent infringement case because a patent takes effect
on the date of the publication of the grant of the patent in the IPO Gazette.


77. The following is not a remedy in an action for trademark infringement:
the owner of a registered mark may recover damages.
issuance of a writ of replevin. (correct answer, your response)
issuance of a writ of seizure
issuance of a writ of injunction

issuance of an order to impound during the pendency of the action, sales
invoices and other documents evidencing sales.


78. The owner of a patent has no right to prevent third parties from
performing, without his authorization, the acts referred to in Section 71 of the IP
Code in the following, except one, circumstances:

Using a patented product which has been put on the market in the
Philippines by the owner of the product, or with his express consent, insofar
as such use is performed after that product has been so put on the said
market.

With regard to drugs and medicines, after a drug or medicine has been
introduced in the Philippines or anywhere else in the world by the patent
owner, or by any party authorized to use the invention.

Where the subject matter of a patent is a process, the act is done for religious
institutions and political parties. (correct answer, your response)

Where the act is done privately and on a non-commercial scale or for a non-
commercial purpose for as long as it does not significantly prejudice the
economic interests of the owner of the patent.

Where the act consists of making or using exclusively for experimental use of
the invention for scientific purposes or educational purposes and such other
activities directly related to such scientific or educational experimental use.


79. The patent shall belong to the employee who made the invention in the
course of his employment contract

if the inventive activity is part of his regular duties and the employee uses his
own time, facilities and materials.

if the inventive activity is not a part of his regular duties even if the employee
uses the time, facilities and materials of the employer. (correct answer, your
response)

if the inventive activity is not a part of his regular duties and the employee
uses the time, facilities and materials of the employer.

if the inventive activity is a part of his regular duties even if the employee uses
the time, facilities and materials of the employer.


80. Original ornamental designs or models for articles of manufacture and
other works of applied art are copyrightable. However, they may also be
registered as industrial designs under the law on patents if:

The design does not give a special appearance to nor serves as pattern for an
industrial product or handicraft.

The design gives a special appearance to and can serve as pattern for an
industrial product or handicraft. (correct answer)

The design is not dictated essentially by technical or functional
considerations to obtain a technical result. (your response)

The design is dictated essentially by technical or functional considerations to
obtain a technical result.


81. What is a Geographic Indication

inventions, utility models and industrial designs. (correct answer, your
response)

Pro Quo).

enterprise and shall include a stamped or marked container of goods.



82. 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:

Right of Reciprocity (your
response)

Right of Priority (correct
answer)
Right of Preference
Right of Parity


83. 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?

It really depends on the Trademark Examiner.

When the goods or services are not similar to those with respect to which
registration is applied for.

When the goods or services are similar to those with respect to which
registration is applied for.
Never registrable (correct answer, your response)
Always registrable


84. No damages can be recovered for acts of infringement committed more
than _____ years before the institution of the action for infringement.
1
2
3

4 (correct answer, your
response)


85. 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. (correct answer,
your response)
when used for identical and unrelated goods or services.
when used for different or dissimilar goods or services.
when not used for identical or similar goods or services.



species.

species.



a mark. (correct answer, your response)

services.
None of these


87. The IPO shall shall issue the certificate of registration upon the happening
of all, save one, the following events:
when the period for filing the opposition has expired

when the Director of Legal Affairs shall have denied the
opposition,if any.
upon payment of the required fee.

upon publication in the IPO Gazette. (correct answer, your
response)


88. Only layout -designs of integrated circuits that are ____________ shall
benefit from protection under the law

original (correct answer, your
response)
New
Aesthetic
none of the above.


89. The word "Diamond" and logo, as used for jewellery items made of cubic
zirconium is:

species.
species.



a mark.

services.
None of these


90. The patent examiner, considering an application for patent involving a
gadget that will enable the user to see through human flesh failed to consider that
said application for patent related to a group of inventions that did not form a
single general inventive concept. Eventually, a letters patent was granted. After
discovering the lapse, the Director decided to order the cancellation of the patent.

He is legally correct because he may require that the application be restricted
to a single invention.

He is legally correct because the patent has been granted on an application
that did not comply with the requirement of unity of invention. (your
response)

He is legally wrong because failure to comply with the requirement of unity of
invention shall not be a ground to cancel the patent. (correct answer)

He is legally wrong because a divisional application filed for an invention
shall be considered as having been filed on the same day as the first
application if the later application is filed within the period allowed, or as
may be granted and each divisional application shall not go beyond the
disclosure in the initial application.


91. The use of the mark in a form different from the form in which it is
registered, which alters its distinctive character, shall not be ground for
cancellation or removal of the mark and shall not diminish the protection granted
to the mark.
True

false (correct answer, your
response)
partly false
not true, not false.


92. When filing a patent application, the disclosure will not be legally
compliant unless:

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. (correct answer,
your response)

The application shall disclose the invention in a manner reasonably accurate
and concise for it to be understood by a person with sufficient discretion.

At all times, the application shall be supplemented by a deposit of of the
material sought to be patented with an international depository institution.

The request shall contain a petition for the grant of the patent, the name and
other data of the applicant, the inventor and the agent and the title of the
invention.


93. A patent shall confer on its owner the following exclusive rights, except
one:

Where the subject matter of a patent is a product, to restrain, prohibit and
prevent any unauthorized person or entity from making, using, offering for
sale, selling or importing that product.

Where the subject matter of a patent is a process, to restrain, prevent or
prohibit any unauthorized person or entity from using the process, and from
manufacturing, dealing in, using, selling or offering for sale, or importing any
product obtained directly or indirectly from such process.

To prohibit the use of the patented product privately and on a non-
commercial scale or for a non-commercial purpose for as long as it does not
significantly prejudice the economic interests of the owner of the patent.

To assign, or transfer by succession the patent, and to conclude licensing
contracts for the same.


94. If the registered mark becomes the generic name for less than all of the
goods or services for which it is registered, a petition to cancel the registration for
only those goods or services may be filed.
partly true

response)
False
not true not false.


95. A patent is the right granted to an inventor by the State which allows the
inventor to exclude anyone else from commercially exploiting his invention for a
limited period, generally 20 years. By granting an exclusive right, patents provide
incentives to individuals, offering them recognition for their creativity and
material reward for their marketable inventions. These incentives encourage
innovation, which in turn contributes to the continuing enhancement of the
quality of human life. In return for the exclusive right, the inventor must
adequately disclose the patented invention to the public, so that others can gain
the new knowledge and can further develop the technology. The disclosure of the
invention is thus an essential consideration in any patent granting
procedure.Hence, the application shall disclose the invention in a manner that is

substantially clear and complete for it to be carried out by a person skilled in
the art. (your response)

sufficiently clear and complete for it to be carried out by a person skilled in
the art. (correct answer)

sufficiently descriptive and thorough for it to be carried out by a person
familiar with the art.

substantially descriptive and thorough for it to be carried out by a person
skilled in the art.


96. 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:

Is NOT identical with a registered mark belonging to any different proprietor
or a mark with an earlier filing or priority date, in respect of: The same goods
or services, or Closely related goods or services, or If it does not nearly
resemble such a mark as to be likely to deceive or cause confusion;

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

they seek to identify;


97. In EMERALD GARMENT MANUFACTURING CORPORATION vs.
COURT OF APPEALS, G.R. No. 100098. December 29, 1995, the holistic
approach was used by the Court to determine confusing similarity between the
competing trademarks, thereby holding that LEE was not confusingly similar

.... If the competing trademark contains the main or essential or dominant
features of another, and confusion and deception is likely to result,
infringement takes place. Duplication or imitation is not necessary; nor it is
necessary that the infringing label should suggest an effort to imitate.

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. Nobody
can acquire any exclusive right to market articles supplying simple human
needs in containers or wrappers of the general form, size and character
commonly and immediately used in marketing such articles.

comparison of the words is not the only determinant factor. The trademarks
in their entirety as they appear in their respective labels or hang tags must
also be considered in relation to the goods to which they are attached. The
discerning eye of the observer must focus not only on the predominant words
but also on the other features appearing in both labels in order that he may
draw his conclusion whether one is confusingly similar to the other. (correct
None of the above


98. An application for registration of a mark filed in the Philippines by a
person who is a national or who is domiciled or has a real and effective industrial
establishment in a country which is a party to any convention, treaty or
agreement relating to intellectual property rights or the repression of unfair
competition, to which the Philippines is also a party, or extends reciprocal rights
to nationals of the Philippines by law, and who previously duly filed an
application for registration of the same mark in one of those countries, shall be
considered as filed as of the day the application was first filed in the

foreign country. This provision
describes:
Parity rights
Parental rights

priority rights (correct answer, your
response)
peremptory rights



application.

False. Inventive step is not necessary. (correct answer, your response)


100. If Albert Einstein discovered the Theory of Relativity yesterday, he would
still not be able to patent the same under the IP Code because

Although new, it is not a technical solution to a
human problem.
It is not industrially applicable.
It does not involve an inventive step.
All of the above.


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