Intellectual Property Law

Question 1

1. The term “intellectual property rights,” may consist of:
   a. Layout-Designs (Topographies) of Integrated Circuits
   b. Protection of Undisclosed Information
   c. Both (a) and (b)
   d. d. Neither (a) nor (b)

Answer 1

c. Both (a) and (b)

Question 2

2. One of the following bureaus does not exist in the Intellectual Property Office:
   a. Bureau of Copyright
   b. Bureau of Trademarks
   c. Bureau of Patents
   d. Management Information System and EDP Services Bureau

Answer 2

a. Bureau of Copyright

Question 3

3. The Director of the Bureau of Legal Affairs decided a petition for the cancellation of a patent against X. X appealed before the Director General of the Intellectual Property Office who also decided against his petition. A motion for reconsideration was likewise denied by the same office. Under R.A. No. 8293, otherwise known as the Intellectual Property Code, in relation to Rules 43
   and 45 of the Rules of Court, the remedy of X is to:
   a. File an ordinary appeal before the Regional Trial Court.
   b. File a petition for review before the Court of Appeals on questions of law or of fact
   or both questions of law and of fact.
   c. File an ordinary appeal before the Court of Appeals on questions of facts.
   d. File a petition for review on certiorari before the Supreme Court on questions of law.

Answer 3

b. File a petition for review before the Court of Appeals on questions of law or of fact
or both questions of law and of fact.

Question 4

4. The Director of the Bureau of Legal Affairs has the power to hear and decide cases on:
   a. Cancellation of trademarks
   b. License dispute involving an author’s right to public performance
   c. Both (a) and (b)
   d. Neither (a) nor (b)

Answer 4

a. Cancellation of trademarks

Question 5

5. One of the following penalties may not be imposed by the Director of the Bureau of Legal
   Affairs:
   a. Issuance of cease and desist order
   b. Seizure of products subject of the offense
   c. Imposition of fine in the amount of P5,000 for each day of continuing violation
   d. Assessment of damages

Answer 5

c. Imposition of fine in the amount of P5,000 for each day of continuing violation

Question 6

6. The Director General of the IPO rendered a decision in a license dispute involving an author’s
   right to public performance. His decision may be appealed before the:
   a. Regional Trial Court
   b. Court of Appeals on questions of fact
   c. Supreme Court on questions of law
   d. Secretary of Trade and Industry

Answer 6

d. Secretary of Trade and Industry

Question 7

7. Which of the following intellectual property cases belongs to the exclusive original jurisdiction of the regular court?
   a. License dispute involving a composer’s right to air his musical piece over radio stations.
   b. Complaint for violation of trademark right with prayer for damages in the sum of P200.000.
   c. Complaint for violation of patent right with prayer for damages in the sum of P350,000.
   d. None of the foregoing

Answer 7

d. None of the foregoing

Question 8

8. The decision or ruling of the Director General of the IPO cannot be appealed directly before the regular court if it emanates from the decision or ruling of the Director of the:
   a. Documentation, Information and Technology Transfer Bureau
   b. Bureau of Legal Affairs
   c. Bureau of Patents
   d. None of the following

Answer 8

a. Documentation, Information and Technology Transfer Bureau

Question 9

9. Under the Intellectual Property Code, which of the following inventions shall satisfy the
   requisite of “novelty?”
   a. It waS the subject in the magazine “Inventor’s Guide” two years prior to the patent application.
   b. It was made available to the public for experimental purposes for more than a
   year prior to the patent application.
   c. It was sold to the public in the Philippines for more than a year prior to the patent
   application.
   d. It was exported to Japan for sales purposes for more than a year but not sold in the
   Philippines.

Answer 9

b. It was made available to the public for experimental purposes for more than a
year prior to the patent application.

Question 10

10. An application for patent is filed before the Bureau of Patents of a machine pertaining to the complex field of computer engineering.
    Which of the following testimonies regarding the requisite of “non- obviousness” shall be best appreciated by the Patent Examiner of the IPO?
    a. Testimony of computer engineers teaching at the local colleges and universities.
    b. Testimony of an internationally acclaimed and multi-awarded computer expert.
    c. Testimony of the great legal minds in the country.
    d. Testimony of the ordinary consumer.

Answer 10

a. Testimony of computer engineers teaching at the local colleges and universities.

Question 11

11. In determining the requisite of “non- obviousness” in an invention, the following factors, among others, are considered:
    a. Level of ordinary skill in the field of the invention
    b. Commercial success
    c. Both (a) and (b)
    d. Neither (a) nor (b)

Answer 11

c. Both (a) and (b)

Question 12

12. X filed an application for patent before the Bureau of Patents of the IPO. He believes his
    invention will not be appreciated and used at the moment by the public. However, he is very
    optimistic that it will help the computer technology in the near future.
    If you were the Patent Examiner, how would you act on X’s patent application?
    a. Grant the patent to X.
    b. Deny the application for lack of “novelty.”
    c. Deny the application for lack of “inventive step.
    d. Deny the application for lack of “industrial applicability.

Answer 12

d. Deny the application for lack of “industrial applicability.

Question 13

13. Which of the following conflicting applications on the same invention shall be granted a patent under the “first-to-file rule” and the “right of priority rule” under the IPC?
    a. W filed his patent application before the IPO on March 1, 200A on his invention completed
    on December 1 of the previous year.
    b. X filed his patent application before the IPO on March 15, 200A on his invention completed
    on October 15 of the previous year.
    c. Y filed his patent application before the IPO on April 10, 200A on his invention that was also
    applied for patent in Germany on January 31 five (5) years ago.
    d. Z filed his patent application before the IPO on April 20, 200A on his invention that was also applied for patent in France on July 1 of the previous year.

Answer 13

d. Z filed his patent application before the IPO on April 20, 200A on his invention that was also applied for patent in France on July 1 of the previous year.

Question 14

14. Which of the following patent application, shall be approved by the Patent Examiner of the IPO?
    a. Patent application for a type of precious stone seen for the first time and excavated in the Province of Misamis Oriental.
    b. Patent application for developing an effective therapeutic way of massaging the abdomen that flushes out kidney stones and impurities.
    c. Patent application for capturing on camera of a very rare union of wild animals.
    d. Patent application for a well-researched combination of different strains of bacteria that is useful and effective in controlling pollution in rivers.

Answer 14

d. Patent application for a well-researched combination of different strains of bacteria that is useful and effective in controlling pollution in rivers.

Question 15

15. Which of the following inventions will be afforded patent protection under the IPC?
    a. A therapeutic machine that heals and eliminates scars and blemishes on any
    part of the skin
    b. Computer program
    c. Mere combination of different strains of bacteria
    d. Procedure in business endeavors computing net profit from business endeavors.

Answer 15

a. A therapeutic machine that heals and eliminates scars and blemishes on any
part of the skin

Question 16

16. X is an engineer Of a multi-national company. He was able to create an invention while in the employ of his employer.
    Which of these statements relative to the patent of X’s invention is true?
    a. X owns the patent if the inventive activity is part of his regularly-assigned duties.
    b. X owns the patent if the inventive activity is not part of his regularly-assigned duties and
    only if he did not use the time, facilities and materials of the company.
    c. X owns the patent if the inventive activity is not part of his regularly-assigned duties and whether or not he used the time, facilities and materials of the company.
    d. X does not own the patent which legally belongs to his employer.

Answer 16

c. X owns the patent if the inventive activity is not part of his regularly-assigned duties and whether or not he used the time, facilities and materials of the company.

Question 17

17. Which of the following statements relative to the disclosure requirement in patent applications is false?
    a. The “best mode test” determines whether the inventor both knew of and concealed a
    better mode of carrying out the claimed invention than what was set forth in the
    specification.
    b. The “enabling test” determines whether the specification in the patent application supplies the novel aspects of the invention so as to enable one who is not skilled in the art to practice it.
    c. One of the two-fold purpose of the law in requiring the patentee to describe clearly and
    completely the invention in his application for patent is to secure him all the protection he
    is entitled.
    d. The other purpose of the law in full disclosure of the invention is to apprise the pubic of what is still open for them t appropriate.

Answer 17

b. The “enabling test” determines whether the specification in the patent application supplies the novel aspects of the invention so as to enable one who is not skilled in the art to practice it.

Question 18

18. X filed her patent application before the Bureau of Patents of the IPO on July 1, 200A.
    Which of the following statements relative to X’s patent application is true?
    a. The application shall be published in the IPO Gazette on January 2, 200C or anytime thereafter.
    b. Assuming the application is published in the IPO Gazette on June 30, 200C, X shall file a
    written request for examination not later than June 30, 200D.
    c. Both (a) and (b).
    d. Neither (a) nor (b).

Answer 18

a. The application shall be published in the IPO Gazette on January 2, 200C or anytime thereafter.

Question 19

19. Assume the same facts in Q. 18. Assume further that the patent application was published in
    the IPO Gazette on November 30, 200C.
    When shall X start paying his annual dues?
    a. July 1, 200D and every year thereafter
    b. July 1, 200G and every year thereafter
    c. December 1, 200C and every year thereafter
    d. December 1, 200G and every year thereafter

Answer 19

d. December 1, 200G and every year thereafter

Question 20

20. X and Y worked on the same invention separately and independently of each other in good faith. X has a pending patent application before the Bureau of Patents of the IPO, whereas Y did not file any patent application. When the controversy was brought to court, the judge ruled that Y has the right to the patent. Which of the following remedy or remedies shall be available to Y?
    a. Prosecute the patent application as his own in place of X.
    b. File a new patent application in respect of the same invention.
    c. Request that X’s application be refused.
    d. Any of the foregoing at the option of Y.

Answer 20

d. Any of the foregoing at the option of Y.

Question 21

21. X was deprived of her economic rights over her invention when Y was able to secure a patent on the same invention from the IPO. X was finally vindicated when the court ruled her to be the true and actual inventor.
    Which of the following remedies is properly available to X?
    a. X may substitute Y as the patentee with right to recover damages.
    b. X may move for the cancellation of Y’s patent with no right to recover damages.
    c. Either (a) or (b) at the option of X.
    d. Neither (a) nor (b)

Answer 21

d. Neither (a) nor (b)

Question 22

22. Which of the following acts shall need the consent of the patent owner under the IPC?
    a. Destroying a patented invention that has been purchased from the patent owner’s
    licensee.
    b. Producing capsules to be sold to the public as medicine using the patent owner’s patented process.
    c. Using a patented repair equipment by an international sea vessel stranded in the
    Philippines.
    d. None of the foregoing.

Answer 22

b. Producing capsules to be sold to the public as medicine using the patent owner’s patented process.

Question 23

23. The government agency or any third person authorized by the government may exploit a patented invention even without the consent of the owner where:
    a. The manner of exploitation of the invention by the patent owner is anti-competitive as
    determined by the public consumers.
    b. The demand for patented drugs or medicine in the Philippines is not met to an adequate
    extent and on reasonable terms as determined by the Secretary of Trade and Industry.
    c. Both (a) and (b).
    d. Neither (a) nor (b).

Answer 23

d. Neither (a) nor (b).

Question 24

24. Which of the following grounds for the grant of a compulsory license to exploit a patented invention without the owner’s consent can be asserted by an applicant before the grant of the patent?
    a. National emergency
    b. Public interest so requires
    c. Failure to work on the invention on a commercial scale in the Philippines without
    satisfactory reason
    d. None of the foregoing

Answer 24

d. None of the foregoing

Question 25

25. X applied for a patent on his invention on April 1, 200A and the patent was finally granted on
    February 1, 200C. On June 15, 200E, Y applied for a compulsory license on X’s invention on
    the grounds that he is capable of exploiting the said invention and X failed to manufacture,
    sell and market it on a commercial scale without satisfactory reasons. These facts were duly established during the hearing.
    If you were the Director of Legal Affairs of the IPO, how would you decide the application for
    compulsory license?
    a. I would grant the compulsory license to Y because X unjustifiably failed to exploit his
    invention.
    b. I would grant the compulsory license to Y because X never acquired any legal right to the
    patent.
    c. I would deny the compulsory license to Y because such right can only be granted to the
    government and not to private individuals or entities.
    d. I would deny the compulsory license to y because his application was filed
    prematurely.

Answer 25

d. I would deny the compulsory license to y because his application was filed
prematurely.

Question 26

26. X failed to exploit his patented invention in a commercial scale without satisfactory reasons.
    His patent application was filed on July 1, 200A and was published on January 15, 200C. His
    patent was finally granted on April 1, 200C. Y seeks a compulsory license over X’s invention
    after showing financial capability to commercially exploit the same.
    The Director of Legal Affairs of the IPO may grant the compulsory license to Y not earlier
    than:
    a. July 2, 200E
    b. April 2, 200E
    c. April 2, 200F
    d. January 16, 200G

Answer 26

c. April 2, 200F

Question 27

27. Under the IPC, which of the following statements regarding a utility model patent is true?
    a. The requirements of novelty, non- obviousness and utility must all be strictly complied with.
    b. Its term is seven (7) years from the grant of the patent without possibility of renewal.
    c. It may be granted to an industrial product which is of practical use even if it is not possessed of the quality of invention.
    d. None of the foregoing

Answer 27

c. It may be granted to an industrial product which is of practical use even if it is not possessed of the quality of invention.

Question 28

28. Under the IPC, which of the following statements regarding an industrial design patent is false?
    a. Ornamentation is an essential requirement for the grant of an industrial design patent.
    b. Functional and technical elements of the design are not considered in the grant of
    industrial design patent.
    c. Its term is 5 years from the grant of the patent and renewable for 2 more
    periods of 5 years each.
    d. None of the foregoing.

Answer 28

c. Its term is 5 years from the grant of the patent and renewable for 2 more
periods of 5 years each.

Question 29

29. Which of the following acts constitutes infringement?
    a. The making, using, offering for sale, selling or importing a patented product or a product
    obtained directly or indirectly from a patented process.
    b. The using of a patented process without the authorization of the patentee.
    c. Either (a) or (b).
    d. Neither (a) nor (b).

Answer 29

c. Either (a) or (b).

Question 30

30. Under the IPC, which of the following statements regarding infringement of patent is false?
    a. An infringing product or process must Contain each and every essential element of the claim.
    b. Licensees of patents may file petitions for opposition or cancellation of patents.
    c. An infringer of a patent shall be criminally liable if the infringement is repeated by him or
    by anyone in connivance with him after finality of judgment in court against him.
    d. None of the foregoing.

Answer 30

d. None of the foregoing.

Question 31

31. Under the IPC, which of the following statements relative to marks is false?
    a. A registrable trademark may consist solely of a symbol with no word or words.
    b. A mark cannot be registered both as a trademark and a tradename.
    c. A service mark must be registered in order to sue for infringement.
    d. None of the foregoing.

Answer 31

d. None of the foregoing.

Question 32

32. When is a declaration of actual use required following registration?
    a. A declaration of actual use with evidence thereof shall filed within the first three (3) years
    from the filing date of the application.
    b. A declaration of actual use with evidence thereof, or of non-use with valid reasons, shall
    be filed within one (1) year from the fifth (5th) anniversary of the registration date.
    c. Both (a) and (b).
    d. Neither (a) nor (b).

Answer 32

c. Both (a) and (b).

Question 33

33. After the application for trademark is filed with the Bureau Of Trademarks and the required fee is paid, the application is given a filing date. Thereafter, the next step is:
    a. Examination proceedings will be conducted between the applicant and the Trademark Examiner.
    b. The mark will be published in the IPO Gazette for any possible opposition thereto.
    c. The certificate of registration will be issued.
    d. None of the foregoing.

Answer 33

a. Examination proceedings will be conducted between the applicant and the Trademark Examiner.

Question 34

34. Which of the following statements relative to the registration of marks is false?
    a. The certificate of registration serves as prima facie evidence of the validity of registration and ownership of the mark.
    b. It is a pre-requisite to the filing of civil and criminal actions for infringement of
    trademarks and tradenames.
    c. Its recordal in the Bureau of Customs will be made the basis of refusing entry of any
    imported goods that may infringe the registered mark.
    d. None of the foregoing

Answer 34

b. It is a pre-requisite to the filing of civil and criminal actions for infringement of
trademarks and tradenames.

Question 35

35. Who among the following persons claiming the same trademark in 200G shall have superior right over the mark?
    a. W registered the trademark in 200C; he has not manufactured or sold it as of 200G.
    b. X registered the trademark in 200D; he began its manufacture in 200E but has not sold it as of 200G.
    c. Y has sold the trademark in the Philippines since 200E; he has applied for its
    registration in 200G
    d. Z has sold the trademark in Japan since 200A; he has applied for its registration in 200G.

Answer 35

c. Y has sold the trademark in the Philippines since 200E; he has applied for its
registration in 200G

Question 36

36. Under the IPC, which of the following cases will result into the cancellation of a mark?
    a. Lack of funds
    b. Abandonment due to voluntary cessation of business operations
    c. Abandonment due to government order
    d. None of the foregoing

Answer 36

b. Abandonment due to voluntary cessation of business operations

Question 37

37. Which of the following is most likely to be allowed registration under the IPC?
    a. A mark consisting of the official flag of Canada.
    b. A mark consisting of the portrait of a deceased President of the Philippines without the consent of the living widow.
    c. A mark for sandals that is identical to an internationally and locally well-known
    mark for petroleum products.
    d. A mark that merely describes the product.

Answer 37

c. A mark for sandals that is identical to an internationally and locally well-known
mark for petroleum products.

Question 38

38. Which of the following marks is most likely to be accorded exclusive registration in accordance with our intellectual property laws?
    a. The trademark “SHINEE” for floor wax.
    b. The trademark “INSTAGLUE” for adhesive glue that has been manufactured and sold in
    the Philippines for three (3) years now.
    c. The tradename “ROPE FACTORY, INC.” for manufacturer of ropes and strings.
    d. The trademark “RHEUMAPAS” for medicated plaster.

Answer 38

d. The trademark “RHEUMAPAS” for medicated plaster.

Question 39

39. Under the IPC, which of the following factors is not taken into account in determining whether
    a mark is an internationally and locally well-known mark?
    a. The extent of exclusivity of use of the mark in the world.
    b. The commercial value of the mark in the world.
    c. The knowledge of the relevant sector of the public.
    d. The registration of the mark in the Philippines.

Answer 39

d. The registration of the mark in the Philippines.

Question 40

40. Which of the following marks can be registered in the Philippines in accordance with our laws on intellectual property?
    a. A trademark application for socks that is similar to an internationally and locally well-
    known trademark for handkerchiefs not registered in the Philippines.
    b. A trademark application for perfume that is similar to an internationally and locally well-
    known trademark for cologne registered in the Philippines.
    c. A trademark application for milk which is well-known in Japan that is similar to a locally
    well-known mark registered in the Philippines.
    d. None of the foregoing.

Answer 40

d. None of the foregoing.

Question 41

41. Two marks for the same product (candy) are currently being examined by the Trademark Examiner of the Bureau of Trademarks to determine if they are confusingly similar. One product bears the trademark “AXIS CANDY” while the other product uses the trademark “YUMMY AXIS CANDY.
    The test to be applied in order to ascertain if the two marks are confusingly similar shall be:
    a. Dominancy test
    b. Holistic test
    c. Enabling test
    d. None of the foregoing

Answer 41

a. Dominancy test

Question 42

42. Two (2) marks for the same product (soy sauce) are being examined bY the Trademark
    Examiner of the Bureau of Trademarks to determine if they are confusingly similar. The names of the manufacturers are apparently different as printed on the bottom part of their labels. However, the label designs, colors, print styles and sizes are very similar and almost identical.
    The test to be applied in order to ascertain if the two marks are confusingly similar shall be:
    a. Dominancy test
    b. Best mode test
    c. Holistic test
    d. None of the foregoing

Answer 42

c. Holistic test

Question 43

43. The registered corporate tradename of a certain business establishment is “NEPTUNE
    SPORTING APPAREL CORPORATION.” A newly opened company (junior user) carries the
    tradename “SATURN SPORTS ACCESSORIES, INC.”
    Which of the following statements relation to the two trade names is correct?
    a. The junior user will be allowed registration because the dominant features of
    the two tradenames (“NEPTUNE” and “SATURN”’) are not confusingly similar.
    b. The junior user will not be allowed registration because the dominant features of the two tradenames (“NEPTUNE” and “SATURN”), being planets of the same solar system, are confusingly similar.
    c. The junior user will be allowed registration because the dominant features of the two
    tradenames (“APPAREL” and “ACCESSORIES”) are not confusingly similar.
    d. The junior user will not be allowed registration because all the elements of its composite tradename are generic and descriptive.

Answer 43

a. The junior user will be allowed registration because the dominant features of
the two tradenames (“NEPTUNE” and “SATURN”’) are not confusingly similar.

Question 44

44. In which of the following cases did the Supreme Court decide that there is confusing similarity between the two subject trademarks?
    a. “FRUIT OF THE LOOM” for women’s panties “FRUIT FOR EVE” also for women’s VS.
    panties.
    b. “BRUT” for toilet articles vS. “BRUTE” for men’s briefs.
    c. “PERTUSIN” for cough medicine “ATUSIN” also for cough medicine.
    d. “ANG TIBAY” for shoes and slippers vs. “ANG TIBAY” for pants and shirts.

Answer 44

d. “ANG TIBAY” for shoes and slippers vs. “ANG TIBAY” for pants and shirts.

Question 45

45. In the celebrated case of Asia Brewery, Inc. vs. Court of Appeals between San Miguel
    Corporation’s trademark “SAN MIGUEL PALE PILSEN” and Asia Brewery, Inc.’s trademark
    “BEER PALE PILSEN, the Supreme Court ruled that there is no confusing similarity between
    the two (2) trademarks. Which of these statements does not support the findings of the Supreme Court?
    a. The dominant feature of SMC’s trademark “San Miguel” iS not found in ABI’S trademark.
    b. The amber color of the two beer bottles cannot be exclusively appropriated because its
    use iS dictated by functional considerations.
    c. The two beer companies are too well-known for the public to be deceived.
    d. The word “pale” is descriptive and the word “pilsen” is generic of a geographical location.

Answer 45

c. The two beer companies are too well-known for the public to be deceived.

Question 46

46. Under the IPC, which of the following is not a requisite for claiming “priority right” in an
    application for the registration of a mark in the Philippines?
    a. The local application must be filed within six (6) months from the date the earliest foreign
    application was filed.
    b. The certified copy of the foreign application together with an English translation must be filed within three (3) months from the filing date of the foreign application.
    c. The foreign country where the earlier application was filed is a party to à convention or treaty relating to intellectual property rights to which the Philippines is a signatory thereto.
    d. The foreign country where the earlier application was filed extends reciprocal rights to Filipinos.

Answer 46

b. The certified copy of the foreign application together with an English translation must be filed within three (3) months from the filing date of the foreign application.

Question 47

47. The following applications for trademark registration on the same product were filed before the Bureau of Trademarks of the IPC. Which of these applications shall be preferred over the others?
    a. W’s local application was filed on June 1, 200B; her application filed in Germany on
    January 31, 200B is still pending at the time of filing the local application.
    b. X’s local application was filed on June 20, 200B; her application filed in Japan on January 10, 200B was already approved at the time of filing the local application.
    c. Y’s local application was filed on July 1, 200B; her application filed in France on October
    1, 200A is still pending at the time of filing the local application.
    d. Z’s local application was filed on July 15, 200B; her application filed in Italy on November 15, 200A was already approved at the time of filing the local application.

Answer 47

b. X’s local application was filed on June 20, 200B; her application filed in Japan on January 10, 200B was already approved at the time of filing the local application.

Question 48

48. Which of the following statements relative to stamped or marked containers is correct?
    a. A stamped or marked container includes plastic bottles of water with paper labels glued
    thereon.
    b. The sale of beverages to the consumer includes the sale of their bottles and he
    can exercise the rights of ownership thereto.
    c. The marked bottles may be used by any person to store processed juice drinks for sale to customers.
    d. None of the foregoing.

Answer 48

b. The sale of beverages to the consumer includes the sale of their bottles and he
can exercise the rights of ownership thereto.

Question 49

49. Which of the following proceedings is classified as inter partes proceedings before the Intellectual Property Office?
    a. Opposition proceedings
    b. Cancellation proceedings
    c. Both (a) and (b)
    d. Neither (a) nor (b)

Answer 49

c. Both (a) and (b)

Question 50

50. Under the IPC, which of the following cannot be alleged as a ground for the filling of a petition for cancellation of a registered mark after five (5) years from its registration date?
    a. The registered mark has become so common and popular that it can no longer distinguish its product from the other products of the same class.
    b. The registered mark cannot be manufacture, and sold to the public due to severe an long-lasting strikes of the factory workers.
    c. The registered mark has been obtained through fraudulent means.
    d. The registered mark is used to misrepresent the origin of the goods

Answer 50

b. The registered mark cannot be manufacture, and sold to the public due to severe an long-lasting strikes of the factory workers.

Question 51

51. Which of the following statements relative to an action for infringement is false?
    a. The letter “R” within a circle leads to the presumption that defendant knew the mark is
    registered.
    b. Registration alone, without actual use, will bar the filing of an infringement suit.
    c. An infringement suit can be filed even if the tradename is not registered.
    d. None of the foregoing.

Answer 51

d. None of the foregoing.

Question 52

52. Who shall be barred from action on filing an infringement action on marks or trade names?
    a. Licensee of a registered trademark
    b. Prior user of unregistered tradename
    c. Foreigner not doing business in the Philippines
    d. None of the foregoing

Answer 52

a. Licensee of a registered trademark

Question 53

53. Which of the following statements relative to the limitations on an action for trademark
    infringement is false?
    a. A registered mark has no effect against any person who, in good faith, before the filing
    date or priority date, was using the mark in his business or enterprise; provided, that his
    right may only be transferred or assigned together with his business or enterprise or part
    thereof.
    b. An innocent infringer who is engaged solely in the business of printing the mark or other
    infringing materials can only be held liable for injunction against future printing.
    c. An innocent infringer who is engaged in the business of publishing or distributing a
    newspaper, magazine or similar periodical or electronic communication containing
    infringing advertisements can only be held liable for injunction against future issues;
    provided, that the injunctive relief shall not be available if it will delay the delivery thereof
    in customary business practice.
    d. None of the foregoing.

Answer 53

d. None of the foregoing.

Question 54

54. Which of the following statements relative to an action for unfair competition is false?
    a. It is the act of passing off one’s goods as those of another.
    b. Fraudulent intent is an essential element of the action.
    c. Registration of the trademark is a pre- requisite to the filing of the action.
    d. None of the foregoing.

Answer 54

c. Registration of the trademark is a pre- requisite to the filing of the action.

Question 55

55. Which of the following statements relative to infringement and unfair competition is correct?
    a. Infringement of trademark is the act of passing off one’s goods as those of another.
    b. Fraudulent intent is essential in an action for unfair competition.
    c. Registration of the tradename is necessary in an action for infringement of tradename.
    d. None of the foregoing.

Answer 55

b. Fraudulent intent is essential in an action for unfair competition

Question 56

56. A person who is found guilty of committing infringement, unfair competition, false designation of origin, false description or representation shall, independent of the civil and administrative sanctions imposed by law, suffer the criminal penalty of:
    a. Imprisonment of two (2) years to five (5) years only
    b. Fine of P50,000 to P200,000 only
    c. Either (a) or (b), at the discretion of the court
    d. Both (a) and (b)

Answer 56

d. Both (a) and (b)

Question 57

57. The term “author”as applied to our copyright law includes:
    a. Sculptor
    b. choreographer
    c. Both (a) and (b)
    d. Neither (a) nor (b)

Answer 57

c. Both (a) and (b)

Question 58

58. Under the Intellectual Property Code, which of the following statements in relation to
    copyright is false?
    a. The primary objective of copyright law is to protect the author of his rights over his work.
    b. The work must possess at least some minimal degree of creativity to satisfy the
    requirement of originality in copyright law.
    c. The “sweat of the brow” doctrine is not favored because of its tendency to afford
    protection to facts and ideas that are not copyrightable.
    d. Derivative works are afforded copyright protection as new works.

Answer 58

a. The primary objective of copyright law is to protect the author of his rights over his work.

Question 59

59. Determine which of the following exclusive or economic rights has been granted under the
    TRIPS Agreement:
    a. Right of rental
    b. Right of reproduction
    c. Right of performance
    d. Right of transmission

Answer 59

a. Right of rental

Question 60

60. Which of the following rights constitutes the moral right of the author?
    a. To have the attributed to him. authorship of his work
    b. To make alterations of his work.
    c. Both (a) and (b).
    d. Neither (a) nor (b).

Answer 60

c. Both (a) and (b).

Question 61

61. Which of the following works are considered as literary and artistic works that are protected by copyright from the moment of their creation?
    a. White pages of telephone directory
    b. The lines “Just do it”
    c. Stories about Robin Hood
    d. Pantomime

Answer 61

d. Pantomime

Question 62

62. Which of the following works is considered as a derivative work that is entitled to copyright
    protection?
    a. Dramatization
    b. Translation
    c. Both (a) and (b)
    d. Neither (a) nor (b)

Answer 62

c. Both (a) and (b)

Question 63

63. Which of the following cases is in harmony with our copyright law?
    a. “Sweat of the brow” doctrine on compilation of facts
    b. “First sale” doctrine on public distribution of copyrighted works
    c. “De minimis” test on joint authorship of copyrighted works
    d. None of the following

Answer 63

b. “First sale” doctrine on public distribution of copyrighted works

Question 64

64. Which of the following matters are accorded copyright protection?
    a. Photographs taken by a reporter of a sexy movie star
    b. Illustration of playing a board game
    c. News about the assassination of a Senator
    d. Civil Code of the Philippines

Answer 64

a. Photographs taken by a reporter of a sexy movie star

Question 65

65. Which of the following shall be given copyright protection?
    a. Maze in “PACMAN” video game
    b. Flying position of “SUPERMAN”
    c. Evil black-robed knight in “STAR WARS”
    d. d. None of the foregoing

Answer 65

d. d. None of the foregoing

Question 66

66. Which of the following acts constitutes infringement of copyright?
    a. Private performance of the work
    b. Inclusion of work by way of illustration for teaching purposes
    c. Both (a) and (b)
    d. Neither (a) nor (b)

Answer 66

d. Neither (a) nor (b)

Question 67

67. Any person infringing any right secured by our law on copyright or aiding or abetting such
    infringement, aside from his civil liability, shall be guilty of a crime punishable by
    imprisonment ranging from:
    a. One (1) year to nine (9) years and fines ranging from P50,000 to P1,500,000
    b. One (1) year to nine (9) years and fines ranging from P100,000 to P2,000,000
    c. One (1) year to ten (10) years and fines ranging from P50,000 to P1,500,000
    d. One year (1) to ten (10) years and fines ranging from P100,000 to P2,000,000

Answer 67

a. One (1) year to nine (9) years and fines ranging from P50,000 to P1,500,000

Question 68

68. X is the proprietor and operator of a modest, air-conditioned coffee shop in the city. To further provide a relaxing mood inside her establishment, he installed a music system whereby the songs from FM radio stations are aired. One day Y, a well-known rock composer, came to X’S place for some coffee. He then heard several of his songs played over the radio. Y sued X for copyright infringement over his songs played on air without his consent. Which of the following statement is correct?
    a. X is liable for copyright infringement because he violated Y’s economic right of public
    performance.
    b. X is liable for copyright infringement because he violated Y’s economic right of
    distribution.
    c. X is liable for copyright infringement because he violated Y’s economic right transmission.
    d. X is not liable for copyright infringement because he had no way of knowing
    what songs would be aired by the radio stations.

Answer 68

d. X is not liable for copyright infringement because he had no way of knowing
what songs would be aired by the radio stations.

Question 69

69. Who among the following persons committed direct infringement of copyright?
    a. Person who materially contributes to the infringement committed by another with
    knowledge of the infringing act
    b. Mall owner or operator who exercises control over his stall owners who are selling pirated copies of copyrighted works
    c. Both (a) and (b)
    d. Neither (a) nor (b)

Answer 69

d. Neither (a) nor (b

Question 70

70. X is an artist who has found a way to earn a decent living out of her artistic imagination. She printed all her created, original designs on t-shirts, blouses and jackets, and sold them to the public. Y imitated some of x’s designs and also printed them on scarfs and neckties. sued for infringement of copyright with damages. Will the infringement suit prosper?
    a. Yes, because the designs on the clothes are works of applied art.
    b. No, because clothes perform utilitarian function which belong to the field of patent.
    c. No, because designs are ideas which are not accorded copyright protection.
    d. No, because t-shirts, blouses and jackets are separate and distinct from scarfs and
    neckties.

Answer 70

a. Yes, because the designs on the clothes are works of applied art.

Question 71

71. X, Y and Z are songwriters. For a particular composition, X’s contribution consisted of the idea of a love affair that ended in the tragic death of the lovers. Y supplied the melody and Z provided the lyrics to the song. Which of the following statements best describes the legal
    relationship of the parties for purposes of copyright?
    a. X, Y and Z are the joint authors who are entitled to copyright protection.
    b. X, Y and Z are each entitled to copyright protection over their separate contributions.
    c. Only X is the author who is entitled to copyright protection.
    d. Only Y and Z are the joint authors who are entitled to copyright protection.

Answer 71

d. Only Y and Z are the joint authors who are entitled to copyright protection.

Question 72

72. X is a high-school professor of Philippine History at ABC University. Part of the course deals with the Philippine Constitution and so X selected and copied certain analysis and discussions on the Bill of Rights that are contained in the extensive copyrighted book of a constitutional expert published by LMN Bookstore. X then engaged the photocopy and book-binding services of RST Xerox Company which sells the finished material to the students for a profit. The students were given the option by X either to buy the material or to do their own research on the topic at the library. RST Xerox Company sells the photocopied material for P200, whereas
    MN Bookstore sells the original hard-bound book for P2,000. LMN Bookstore sued RST Xerox Company for infringement of its copyrighted work. Under the IPC, which of the following statements is correct considering the 1st and 2nd factors of fair use (1. purpose and character of the use; and 2. nature of the copyrighted work)?
    a. The 1st and 2nd factors favor fair use.
    b. The 1st and 2nd factors negate fair use.
    c. The 1st factor favors fair use, whereas the 2nd factor negates fair use.
    d. The 1st factor negates fair use, whereas the 2nd factor favors fair use.

Answer 72

c. The 1st factor favors fair use, whereas the 2nd factor negates fair use.

Question 73

73. Assume the same facts in Q. 197. Under the IPC, which of the following statements is correct considering the 3rd and 4th factors of fair use (3. amount and substantiality of the portion used; and 4. effect of use upon the potential market of the copyrighted work)?
    a. The 3rd and 4th factors favor fair use.
    b. The 3rd and 4th factors negate fair use.
    c. The 3rd factor negates fair use, whereas the 4th factor favors fair use.
    d. The 3rd factor favors fair use, whereas the 4th factor negates fair use.

Answer 73

c. The 3rd factor negates fair use, whereas the 4th factor favors fair use.

Question 74

74. X and Y are joint designers of highly aesthetic and elaborate designs on wallpapers. The wallpapers were manufactured for sale in 200A. X used the pseudo name “Kabayo” while Y revealed her true identity. Y died from a plane crash in the year 200K. X, on the other hand, committed suicide by drug overdose in the year 200P. X’s identity was revealed without doubt three (3) years later in 200S.
    Under the IPC, for how long shall copyright protection be extended in the case at bar?
    a. Twenty-five (25) years from 200A
    b. Fifty (50) years from 200K
    c. Fifty (50) years from 200P
    d. Fifty (50) years from 200S

Answer 74

a. Twenty-five (25) years from 200A

Question 75

75. Which of the following statements relative to the deposit and notice of copyrighted works is false?
    a. The requirements on deposit and notice of copyrighted works are pre-requisites to protection.
    b. Copies of the work shall be given to the National Library and the Supreme Court Library within three (3) weeks after the first public dissemination of performance.
    c. Registration of the work is prima facie evidence of the validity of the copyright.
    d. Notice that the work is copyrighted serves as a deterrent to the defense of innocent
    infringement.

Answer 75

a. The requirements on deposit and notice of copyrighted works are pre-requisites to protection.