Intellectual Property Law Flashcards
Where is a copyright registered
national library
Where are patents and trademarks registered
intellectual property office
The protection for copyright starts from its _____________
the protection for patent starts from its _____________
the protection for trademark starts its ______________
creation; application; issuance of certificate of registration
Duration of rights
- Of copyright
- Of patent
- Of trademark
lifetime of the author plus 50 years after death
20 years
10 years
It means any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods
mark
It means any visible sign that ignited as such in the application for registration and capable of distinguishing the origin or any other common characteristic including to quality of goods or services of different enterprises which used the sun under the control of the registered owner of such
collective mark
It means the name or designation identifying or distinguishing an enterprise
trade name
It denotes such a closed or ingenious imitation as to be calculated to deceive ordinary persons or such a resemblance to the original as to deceive an ordinary purchaser given such attention as a purchaser usually gives and to cause him to purchase the one supposing it to be the other
colorable imitation
Are those which constitute the common descriptive name of an article or substance or comprise the genus of which the particular product is a species or or commonly used as the name or description of a kind of goods or imply reference to every member of the genus and the exclusion of individuating characters or refer to the basic nature of the wares or services provided rather than to the more idiosyncratic characteristics of a particular product and or not legal you protectable
generic terms
As under student its normal and natural sense, it forthwith conveys the characteristics, functions, qualities or ingredients of a product to one who has never seen it and doesn’t know what it is or if it forth with conveys an immediate idea of the ingredients qualities or characteristics of the goods or if it clearly denotes what goods or services are provided in such a way that the consumer does not have to exercise powers of perception or imagination and therefore invalid as a trademark
descriptive terms
Are those which in the phraseology of one court, required imagination, thought and perception to reach a conclusion as to the nature of the goods. Such terms which subtly connote something about the product or eligible for protection in the absence of secondary meaning. While these are capable of shedding some light upon certain characteristics of the goods or services in dispute, they nevertheless involve an element of incongruity, figurative less, or imaginative effort on the part of the observer
suggestive terms
Under this doctrine, a word or phrase originally incapable of exclusive appropriation with reference to an article in the market, because geographical or otherwise descriptive might nevertheless have been used so long and so exclusively by one producer with reference to this article that, in that trade and to that group of the purchasing public, the word or phrases come to mean that the article was his produce
doctrine of secondary meeting
Certificate of registration of a mark shall be conclusive evidence of the validity of the registration. True or false
false, it is a prima facie evidence
Is a local application of a trademark when an earlier application is filed abroad
priority claim
Priority claim is filed within ________ from filing of priority application.
6 month
True or false, failure to file a local application is treated as a waiver of priority claim
true
Rights to a trademark shall be ________ from registration
10 years
The rights to a trademark in a certificate of registration may be renewed for periods of _________ at its expiration upon payment of the prescribed fee at a pond filing a request at any time within _______ before expiration or within ________ after such exploration upon payment of an additional
10 years; 6 months; 6 months
A declaration of actual use shall be filed within ________ from filing date of application, extensible for another ________ otherwise it should be team and abandonment of the application
3 years; 6 months
Another declaration of actual use shall be filed within ______ from the 5th anniversary of the registration of the mark, otherwise, the mark shall be removed from the register by the office
and within ________ from the date of renewal of the trademark registration
1 year; 1 year
It is a theory in which the exclusive right of the owner of a well-known mark which is registered in the philippines, shall extend to goods and services which are not similar to those in respect of which the marquis registered
theory of dilution
True or false. Registration of marks can be assigned and transferred
true; recorded at the office in the name of the assignee or transferee
True or false assignments and transfers shall have no effect against third parties until they are recorded at the office
true
Who can petition to cancel a registration of a mark under this act to the bureau of legal affairs
any person who believes that he is or will be damaged by the registration of a mark
Any person who shall, without the consent of the owner of the registered mark used in commerce and production of a registered trademark in connection with the sale which such use is likely to cause confusion or to cause mistake or to deceive
trademark infringement
It is an infringement test which considers the entirety of the marks in question
holistic or totality test
It is a test on infringement which focuses on prevalent or dominant features
dominancy test
What are the remedies for trademark owner in case of infringement
- Recover damages which shall be based on the reasonable profit which the complaining party would have made double percentage based upon the amount of gross sales of the defendant; maybe doubled if there was an intent to mislead or defraud
- Sick injunction
- Sick the destruction of infringe in materials without compensation
True or false. A registered mark shall have no effect against any person who invent faith before the filing date or the priority date was using the mark for the purposes of his business or enterprise
true. Prior user in good faith
The following shall be deemed guilty of unfair competition
- Any person, who in selling his goods shall give them the ____________________________, 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 feature of their appearance which would be likely to influence purchasers to believe that the goods offered or those of a manufacturer or dealer other than the actual manufacturer or dealer
- Any person who by any artifice, or device, or who employs any other means calculated to induce the false belief that such person is __________________ who has identified such services in the mind of the public;
- Any 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 ________________________
general appearance of goods of another manufacturer or dealer; offering the services of another; discredit the goods, business or services of another
Penalty for unfair competition: imprisonment of ______________ and or or fine of ____________
2 to 5 years; 50,000 to 200,000
True or false fraudulent intent is required in a trademark infringement
false; necessary in unfair competition
True or false. Sale is required in trademark infringement and unfair competition
false. Only in unfair competition
True or false. Registration of the mark is a prerequisite in trademark infringement
true; not necessary in unfair competition
Which is broader, trademark infringement or unfair competition
unfair competition; it includes passing off goods with or without trademark infringement. There can be trademark infringement without unfair competition
Is the right of literary property as recognized and sanctioned by positive law
copyright
Is the natural person who has created the work
author
Is a work which has been created by two 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
collective work
It means any communication to the public, including broadcasting, rebroadcasting, retransmitting by cable
communication to the public
Is the transfer of possession of the original or a copy of a work or sound recording for a limited period for nonprofit purposes by an institution the services of which are available to the public such as public library or archive
public lending
It means works which with the consent of the author’s or 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
published works
True or false. Registration is a requirement for the protection of a copyright
false; protection commences from the moment of creation
True or false. In addition to the right to publish granted by the author, his heirs or assigns, the publisher should have a copyright consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work
true
It is the making of one or more copies of a work or sound recording in any manner or form
reproduction
True or false. Works protected include ideas, procedures, system method or operation, concept, discovery, news
false
True or false. No copyright shall subsist in any work of the government of the philippines
true
True or false. The ownership of the copyright shall belong to the employer whose duties are unrelated to the object of the copyright if the employee uses the time, facilities and materials of the employer
false
Who shall have the ownership of the copyright of a commissioned work
the creator; the commissioned work itself shall be owned by the person who commissioned
Who shall own the copyright of anonymous and pseudonymous works
publishers
True or false. If two or more persons jointly own a copyright or any part thereof, any of the owners shall be entitled to grant licenses even without the consent of the other
false
True or false. The transfer of a copyright shall constitute a transfer of the material object
false; nor shall a transfer or assignment of the soul coffee or of one or several copies of the work implied transfer assignment or licensing of the copyright
The designated societies of the owners of copyrights shall first secure the necessary accreditation from the ______________ before enforcing the rights on their members
intellectual property office
True or false. When an author contributes to a collective work, his right to have his contribution attributed to him is deemed waived unless expressly reserves it
true
In every sale or lease of an original work of painting or sculpture or of the original manuscript of a writer or composer subsequent to the first disposition thereof by the author, the author or his heirs should have an inalienable right to participate in the gross proceeds of the sale or lease of the extent of _______. This right shall exist during the lifetime of the author and for 50 years after his death
5%
The term for protection of anonymous or pseudonymous works
50 years from the date on which the work was first lawfully published
Term for protection of photographic works and audiovisual works
50 years from publication of the work and if unpublished 50 years from the making
Term of protection for performers and producers of sound recordings
50 years from the end of the year in which the performance took place; 50 years from the end of the year in which the reporting to place
Terms of protection in case of broadcast
20 years from the date of the broadcast
True or false. Mathematical methods and methods for treatment of the human or animal body by surgery, aesthetic creations, and biological process for the production of plants or animals are patentable inventions
false
It is an element of a patent which means that an invention should not be considered new if it forms part of a prior art
novelty
It is an element of a patent which means that an invention should not be considered new if it forms part of a prior art
novelty
It is an element of a patent which means an invention involves an inventive step if, having regard to a 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
inventive step
An element of a patent: an invention that can be produced and used in any industry shall be industrially applicable
industrial applicability
One application is equal to one invention
unity of invention
Maybe allowed if there is more than one invention, either voluntarily or within four months from recommendation of the director
divisional application
Grounds for cancellation of patent (NDP)
no novelty; did not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any person skilled in the art; contrary to public order or morality
If two or more persons separately made the same invention, priority is given to
the one who filed first
Process of a priority claim
- A claim of priority based on an earlier filing date abroad
- A local application is filed within _______ from priority date
- Certified copy of priority application in english translation thereof within _______ from the filing date
12 months; 6 months
When an application is still pending, the actual inventor should file an action in court to prove that he is the actual inventor within _________ from the first publication
1 year
Who shall own a commissioned invention and the patent created therefrom
both the person who commissioned
True or false. The same rules in the copyright in case of a creation of employee shall apply in patents
true
Term of patent
20 years
Notwithstanding the exclusivity of rights of an owner of a patent, any _________ who in good faith was using the invention or has undertaken serious preparations to use the invention in his enterprise or business before the filing date or priority date of the application on which a patent is granted shall have the right to continue the use thereof as envisaged in such preparations within the territory where the patent produces its effect
prior user
The making, using, offering for sale, selling, or importing a patented product or a product obtained directly or indirectly from a patented process, or the use of patented process without the authorization of the patentee constitutes _____________
infringement
It is an infringement with some modification and change, but substantially the same in function, mode of operation, and result
doctrine of equivalents
True or false. Identity of result does not amount to infringement of patent at last invention being questioned operates in substantially the same way or by substantially the same means as the patented one even though it performs the same function and achieves the same results
true
If infringement is repeated by the infringer or by anyone in connivance with him after finality of the judgment of the court against the infringer, the offenders shall, without prejudice to the institution of a civil action for damages, be criminally liable therefore and upon conviction software imprisonment for period of _____________ and or or a fine of _____________. The criminal action here in provided shall prescribe in _________ from the date of the commission of the crime
6 months to 3 years; 100,000 to 300,000; 3 years
True or false damages can be recovered for acts of infringement committed before the invention had known or had reasonable grounds to know the patent
false
