Intellectual Property Law Flashcards
Any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods.
a. Collective mark
b. Mark
c. Trade name
d. Patent
b.
Name or designation identifying or distinguishing an enterprise.
a. Copyright
b. Patent
c. Mark
d. Trade name
d.
How are the rights in a mark be acquired?
By registration
The following marks cannot be registered. Choose the exception
a. Flag/coat of arms of a foreign nation
b. Those consisting of immoral, deceptive or scandalous matter
c. Name, portrait or signature identifying a particular living individual (provided consent is given)
d. Those which is likely to mislead the public, as to the nature, quality, characteristic or geographical origin of the goods/services
c.
Consent is given here; however, if no consent is given, then that mark bearing the name/portrait/signature of the person cannot be registered.
Close/ingenious imitation as to be calculated to deceive ordinary persons.
C_l__ra___ _m_t__i_n
Colorable imitation
“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 phrase has come to mean that the article was his produce.”
What doctrine is this?
Doctrine of Secondary Meaning
Hint:
1. Word or phrase
2. Incapable of exclusive appropriation (e.g. cannot be identified)
The rights to a trademark shall be for how many years and when is it acquired?
a. 5 years; issuance of CoR
b. 10 years; issuance of CoR
c. 5 years; from registration
d. 10 years; from registration
d.
A petition to cancel a registration of a mark may be filed with the _______________________ by any person who believes that he is or will be damaged by the registration of a mark.
a. Bureau of Legal Affairs
b. Regional Trial Court
c. Department of Trade and Industry
d. Intellectual Property Office
a.
In a copyright, who is the natural person who created the copyright.
Author
When shall the protection of a copyright commences?
From creation
Derivative works are protected by copyright. Which is not an example of derivative work?
a. Literary works
b. Dramatizations
c. Alterations of literary or artistic works
d. None of the choices
d.
What is the right of a publisher in addition to his right to publish granted by the author, heirs, or assigns?
Have a copy right consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work.
Who is the owner of a copyright, when the work is during employment, and the object of the copyright is not a part of the regular duties of the employee who created it?
a. Employer
b. Employee
c. Employer and employee, equally
d. Author
b.
“Not a part of the regular duties”
Who is the owner of a copyright, when the work is during employment, and the object of the copyright is the result of the performance of his regularly-assigned duties?
a. Employer
b. Employee
c. Employer and employee, equally
d. Author
a.
Who shall have ownership over the copyright when it involves a commissioned work?
Person who commissioned the work
