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RFLIB > Intellectual Property Code > Flashcards

Intellectual Property Code Flashcards

1
Q

What is the RA of the Intellectual Property Code

A

RA 8293

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2
Q

What is intellectual property rights

A
  • intangible
  • granted by law to owners of intellectual creations
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3
Q

What are examples of intellectual creations

A
  1. Inventions
  2. Designs, names, signs
  3. Literary and artistic works
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4
Q

Intellectual property rights under the IPC

A
  • Patents
  • Trademarks and Service Marks
  • Copyright
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5
Q

What is the difference between patents, trademarks and copyright

A

a

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6
Q

is an exclusive right granted to an inventor over an invention to sell, use, and make the same for commerce and industry

A

Patent

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7
Q

Any visible sign capable of distinguishing an object

A

Mark

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8
Q

If a mark distinguishes a good, it is registered as

A

Trademark

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9
Q

If a mark distinguishes a service it is registered as

A

Service Mark

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10
Q

the name or designation identifying or distinguishing an enterprise

A

Trade name

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11
Q

Copyright is confined to

A

literary and artistic works

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12
Q

When is copyright vested?

A

from the moment of creation

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13
Q

What are the requisites of patentable invention?

A
  1. New
  2. Inventive Step
  3. Industrially applicable
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14
Q

What if albert einstein invent the theory of relativity today, can it claim a patent?

A

No

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15
Q

What are the non-patentable inventions?

A
  1. Scientific and mathematical methods
  2. Mental Acts and programs for computers
  3. Treatment of human and animal body
  4. Animal and plant varieties
  5. aesthetic creations
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16
Q

When does the acquisition of the right of Patent happen

A

by applying and grant by the Intellectual Property Office

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17
Q

When is the effectivity of the right of patent

A
  • take effect on the date of publication in the IPO Gazette
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18
Q

What is the term of patent

A

20 years from the filing data of the application

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19
Q

Can an extension of the term of patent be asked?

A

no, it shall become a prior part

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20
Q

List of Patent Owners

A
  1. Inventor
  2. Heirs
  3. Assigns
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21
Q

When 2 or more person have jointly made an invention, who owns the patent?

A

Jointly right of patent

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22
Q

Inventions through commission, the patent should be owned by?

A

the person who commissioned, unless stipulated

23
Q

An invention by an employee done during his employment contract, who owns the patent

A

Employee, if the inventive activity is not part of his regular duties even if they use materials, time and facilities of the employer

Employer if the inventive activity is a result of his regular duties

24
Q

What is the rule on acquisition of patent when 2 or more person made the same invention?

A

First to file Rule

25
Q

What tests are used to determine patent infringement?

A
  1. LIteral Infringement
  2. Doctrine of Equivalents
26
Q

Definition of Doctrine of Equivalents

A
  1. Copies the innovative concept
  2. some modification
  3. performs the same function
27
Q

What are the civil actions for infringement?

A
  1. File for damages and litigation expenses
  2. Injunction (papatigilin)
28
Q

When can a criminal action for infringement be filed?

A

When a repetitive action for infringement is done after the decision of the civil action case

29
Q

Duration of criminal action for infringement?

A

6 months to 3 years

30
Q

What is the fine for criminal action for infringement

A

100k to 300k

31
Q

Acquisition of owership of trademark or service mark is acquired through?

A

Registration

32
Q

Acquisition of trade name is done through?

A

acquired by use

33
Q

Is tradename required to be registered?

A

No

34
Q

What is the requirement on trademark/service mark?

A

actual use within 3 years from filing date of application

35
Q

What is the duration of a trademark?

A

10 years and renewable unlimitedly for the same amount of years

36
Q

What are the non registrable marks

A
  1. immoral matters
  2. matters that suggest a connection with another mark
  3. flag or coat of arms
  4. name, portrait of a living individual or a dead president
  5. Identical with a registered mark
  6. Identical with a well-known mark
  7. Intent to mislead the public
  8. Generic signs
  9. Used in everyday customs
37
Q

What are the exception in the portrait and name of a living individual or deceased President mark?

A

needs a written consent if living, or by the widow of the president

38
Q

In cases of marks that are similar to a well known mark, what are the protections given to the well known mark in the PH

A

If it is registered in the PH, protection is given to similar and not similar goods and services

If not registered in the PH only similar good and services are protected

39
Q

a word or phrase has come to mean that the article was his product?

A

Doctrine of Secondary Meaning

40
Q

Test to Determine Confusion of Marks: Focuses on prevalent features

A

Dominancy Test

41
Q

Test to Determine Confusion of Marks: focus on the entirety of the marks

A

Holistic Test

42
Q

Kinds of Confusion: person is induced to buy a product believing that he is buying the other product

A

Confusion of Goods

43
Q

Kinds of Confusion: Confusion which a person believed that the product he is buying originated from the business of the another

A

Confusion of Business

44
Q

is the unauthorized use of the mark

A

Infringement

45
Q

passing of one’s as those of anotherr

A

unfair competition

46
Q

Distinction of Infringement and Unfair Competition: Fraud

A
  • Infringement: not required
  • UC: required
47
Q

Distinction of Infringement and Unfair Competition: Registration

A
  • Infringement: required
  • UC: not required
48
Q

sole and exclusive privilege of multiplying copies of the same and publishing and selling hem

A

Copyright

49
Q

Elements of Copyrightable Works?

A
  1. Originality
  2. Expression
50
Q

Classification of Protected Works

A
  1. Original and Literary Work
  2. Derivative Works
51
Q

In all cases, expression is needed for a work to be copyrightable?

A

No, lectures,sermons etc.

52
Q

Are format or mechanics of a television show copyrightable?

A

No

53
Q
A

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