Intellectual Property Law Flashcards

1
Q

Where is a copyright registered

A

national library

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2
Q

Where are patents and trademarks registered

A

intellectual property office

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3
Q

The protection for copyright starts from its _____________

the protection for patent starts from its _____________

the protection for trademark starts its ______________

A

creation; application; issuance of certificate of registration

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4
Q

Duration of rights

  1. Of copyright
  2. Of patent
  3. Of trademark
A

lifetime of the author plus 50 years after death

20 years

10 years

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5
Q

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

A

mark

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6
Q

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

A

collective mark

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7
Q

It means the name or designation identifying or distinguishing an enterprise

A

trade name

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8
Q

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

A

colorable imitation

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9
Q

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

A

generic terms

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10
Q

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

A

descriptive terms

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11
Q

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

A

suggestive terms

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12
Q

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

A

doctrine of secondary meeting

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13
Q

Certificate of registration of a mark shall be conclusive evidence of the validity of the registration. True or false

A

false, it is a prima facie evidence

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14
Q

Is a local application of a trademark when an earlier application is filed abroad

A

priority claim

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15
Q

Priority claim is filed within ________ from filing of priority application.

A

6 month

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16
Q

True or false, failure to file a local application is treated as a waiver of priority claim

A

true

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17
Q

Rights to a trademark shall be ________ from registration

A

10 years

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18
Q

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

A

10 years; 6 months; 6 months

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19
Q

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

A

3 years; 6 months

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20
Q

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

A

1 year; 1 year

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21
Q

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

A

theory of dilution

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22
Q

True or false. Registration of marks can be assigned and transferred

A

true; recorded at the office in the name of the assignee or transferee

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23
Q

True or false assignments and transfers shall have no effect against third parties until they are recorded at the office

A

true

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24
Q

Who can petition to cancel a registration of a mark under this act to the bureau of legal affairs

A

any person who believes that he is or will be damaged by the registration of a mark

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25
Q

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

A

trademark infringement

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26
Q

It is an infringement test which considers the entirety of the marks in question

A

holistic or totality test

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27
Q

It is a test on infringement which focuses on prevalent or dominant features

A

dominancy test

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28
Q

What are the remedies for trademark owner in case of infringement

A
  1. 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
  2. Sick injunction
  3. Sick the destruction of infringe in materials without compensation
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29
Q

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

A

true. Prior user in good faith

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30
Q

The following shall be deemed guilty of unfair competition

  1. 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
  2. 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;
  3. 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 ________________________
A

general appearance of goods of another manufacturer or dealer; offering the services of another; discredit the goods, business or services of another

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31
Q

Penalty for unfair competition: imprisonment of ______________ and or or fine of ____________

A

2 to 5 years; 50,000 to 200,000

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32
Q

True or false fraudulent intent is required in a trademark infringement

A

false; necessary in unfair competition

33
Q

True or false. Sale is required in trademark infringement and unfair competition

A

false. Only in unfair competition

34
Q

True or false. Registration of the mark is a prerequisite in trademark infringement

A

true; not necessary in unfair competition

35
Q

Which is broader, trademark infringement or unfair competition

A

unfair competition; it includes passing off goods with or without trademark infringement. There can be trademark infringement without unfair competition

36
Q

Is the right of literary property as recognized and sanctioned by positive law

A

copyright

37
Q

Is the natural person who has created the work

A

author

38
Q

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

A

collective work

39
Q

It means any communication to the public, including broadcasting, rebroadcasting, retransmitting by cable

A

communication to the public

40
Q

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

A

public lending

41
Q

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

A

published works

42
Q

True or false. Registration is a requirement for the protection of a copyright

A

false; protection commences from the moment of creation

43
Q

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

A

true

44
Q

It is the making of one or more copies of a work or sound recording in any manner or form

A

reproduction

45
Q

True or false. Works protected include ideas, procedures, system method or operation, concept, discovery, news

A

false

46
Q

True or false. No copyright shall subsist in any work of the government of the philippines

A

true

47
Q

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

A

false

48
Q

Who shall have the ownership of the copyright of a commissioned work

A

the creator; the commissioned work itself shall be owned by the person who commissioned

49
Q

Who shall own the copyright of anonymous and pseudonymous works

A

publishers

50
Q

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

A

false

51
Q

True or false. The transfer of a copyright shall constitute a transfer of the material object

A

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

52
Q

The designated societies of the owners of copyrights shall first secure the necessary accreditation from the ______________ before enforcing the rights on their members

A

intellectual property office

53
Q

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

A

true

54
Q

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

A

5%

55
Q

The term for protection of anonymous or pseudonymous works

A

50 years from the date on which the work was first lawfully published

56
Q

Term for protection of photographic works and audiovisual works

A

50 years from publication of the work and if unpublished 50 years from the making

57
Q

Term of protection for performers and producers of sound recordings

A

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

58
Q

Terms of protection in case of broadcast

A

20 years from the date of the broadcast

59
Q

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

A

false

60
Q

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

A

novelty

60
Q

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

A

novelty

61
Q

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

A

inventive step

62
Q

An element of a patent: an invention that can be produced and used in any industry shall be industrially applicable

A

industrial applicability

63
Q

One application is equal to one invention

A

unity of invention

64
Q

Maybe allowed if there is more than one invention, either voluntarily or within four months from recommendation of the director

A

divisional application

65
Q

Grounds for cancellation of patent (NDP)

A

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

66
Q

If two or more persons separately made the same invention, priority is given to

A

the one who filed first

67
Q

Process of a priority claim

  1. A claim of priority based on an earlier filing date abroad
  2. A local application is filed within _______ from priority date
  3. Certified copy of priority application in english translation thereof within _______ from the filing date
A

12 months; 6 months

68
Q

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

A

1 year

69
Q

Who shall own a commissioned invention and the patent created therefrom

A

both the person who commissioned

70
Q

True or false. The same rules in the copyright in case of a creation of employee shall apply in patents

A

true

71
Q

Term of patent

A

20 years

72
Q

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

A

prior user

73
Q

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 _____________

A

infringement

74
Q

It is an infringement with some modification and change, but substantially the same in function, mode of operation, and result

A

doctrine of equivalents

75
Q

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

A

true

76
Q

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

A

6 months to 3 years; 100,000 to 300,000; 3 years

77
Q

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

A

false