DCIT 65 | Midterms | Lecture 3

Question 1

relates to rights and obligations, as well as privileges and incentives–all rooted from the creation and protection of IP, which “refers to creations of the mind: inventions; literary and artistic works; and symbols, names, and images used in commerce.”

Answer 1

intellectual property (IP) system

Question 2

basic human rights involve “the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary, or artistic productions.”

Answer 2

IP rights

Question 3

the government agency mandated to administer and implement State policies on intellectual property (IP) to strengthen the protection of IP rights in the country.

Answer 3

intellectual property office of the philippines (IPOPHL)

Question 4

IPOPHL performs the following functions to protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations:

Answer 4

1. Development-Oriented
2. Regulatory
3. Enforcement
4. Adjudicatory
5. Policy-Making

Question 5

IPOPHL values:

Answer 5

1. justness
2. harmony and teamwork
3. accountability
4. integrity
5. excellence

Question 6

IPOPHL respects and promote justness, equity and equality in the delivery of services and functions, with respect to individual differences by gender, religious, social and political affiliation to ensure that nobody is deprived of their rights according to what is required by the law

Answer 6

justness

Question 7

IPOPHL promotes an environment where respect and recognition prevail through the provision of venue and mechanism for posting camaraderie among team members to enhance productivity and morale

Answer 7

harmony and teamwork

Question 8

IPOPHL accepts with high responsibility and trust the consequences/results of one’s actions and decisions, guided by the government policies and rules on the use of government resources

Answer 8

accountability

Question 9

IPOPHL demonstrates moral courage, honesty and decency in the performance of duties, avoids conflict of interest, conforms with the professional code of ethics, practices openness and transparency, and serves as role model for integrity within and outside IPOPHL

Answer 9

integrity

Question 10

IPOPHL creates and sustains a culture of excellence in the organization

Answer 10

excellence

Question 11

involves innovative and creative ideas—products of the intellect. To thrive, it needs to be firmly rooted in a stable yet flexible IP system designed to spur innovation and progress

Answer 11

disruption

Question 12

an exclusive right granted to the owner by government for a period of time in exchange of the full disclosure of their invention

Answer 12

patent

Question 13

a government-issued grant, bestowing an exclusive right to an inventor over a product or process that provides any technical solution to a problem in any field of human activity which is new, inventive, and industrially applicable

Answer 13

invention patent

Question 14

Exclusive Right:

Answer 14

1. product
2. process

Question 15

shall also have the right to assign, or transfer by succession the patent, and to conclude licensing contracts for the same

Answer 15

patent owners

Question 16

statutory classes of invention:

Answer 16

1. Product
2. Process
3. Improvement of any of the foregoing

Question 17

eligibility of patent:

Answer 17

1. it has to be new
2. involves an inventive step
3. industrially applicable

Question 18

involves an inventive step if, having regard to prior art, it is not obvious to a person skilled in the art at the time of the filing date or priority date of the application claiming the invention. It that can be produced and used in any industry is considered industrially applicable

Answer 18

invention

Question 19

the term of a patent shall be ___ years from the filing date of the application without any possibility of renewal. The patent must be maintained yearly, starting from the 5th year

Answer 19

twenty (20) years

Question 20

a protection option to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patents application. It provides protection of so-called “minor inventions” through a system similar to the patent system

Answer 20

utility model

Question 21

any technical solution to a problem in any field of human activity which is new and industrially applicable. It may or may not have an inventive step

Answer 21

registrable utility model

Question 22

obtains the exclusive right to prevent or stop others from commercially exploiting the utility model for a limited period

Answer 22

owner of a utility model

Question 23

statutory classes or registrable utility model (rule 201)

Answer 23

1. product
2. process
3. computer-related utility model
4. improvement of any of the foregoing

Question 24

it is relatively inexpensive, faster to obtain, and with less stringent patentability requirements

Answer 24

invention patents

Question 25

as provided for in Part 2, Rule 202 of the Regulations for Patents shall apply, mutatis mutandis, to non-registrable utility models

Answer 25

non-patentable inventions

Question 26

utility model is entitled to ___ years of protection from the date of filing, with no possibility of renewal. UMs are territorial. You are only protected in countries where you applied for patent protection

Answer 26

seven (7) years

Question 27

a document showing the validity of the registration

Answer 27

registrability report

Question 28

the ornamental or aesthetic aspect of an article

Answer 28

industrial design

Question 29

in order to be registrable, an industrial design must be a new or original creation

Answer 29

eligibility

Question 30

the registration for an industrial design is for a period of ___ years from the filing date of the application

Answer 30

5 years

Question 31

a word, a group of words, sign, name, symbol, logo or a combination thereof that identifies and differentiates the source of the goods or services of one entity from those of others

Answer 31

trademark

Question 32

Types of Marks (According to Strength):

Answer 32

1. generic 2. descriptive 3. suggestive 4. arbitrary 5. fanciful

Question 33

names of products they seek to identify

Answer 33

generic

Question 34

derely describes the goods/services

Answer 34

descriptive

Question 35

requires consumers to connect product with mark

Answer 35

suggestive

Question 36

word/image unrelated to goods/services

Answer 36

arbitrary

Question 37

made up of words

Answer 37

fanciful

Question 38

trademark can be protected in perpetuity if regularly monitored and properly maintained. The period of protection is __ years from the date of registration and is renewable for a period of ten (10) years at a time

Answer 38

ten (10) years

Question 39

the legal protection extended to the owner of the rights in an original work that one has created

Answer 39

copyright

Question 40

refers to every production in the literary, scientific and artistic domain

Answer 40

original work

Question 41

the term of protection for copyright in literary and artistic works, and in derivative works is generally the ___ years

Answer 41

lifetime of the author plus fifty (50)