Intelletual Property Law

Question 1

“intellectual property rights” consists of

Answer 1

a) Copyright and Related Rights;
b) Trademarks and Service Marks;
c) Geographic Indications;
d) Industrial Designs;
e) Patents;
f) Layout-Designs (Topographies) of Integrated Circuits; and
g) Protection of Undisclosed Information (n, TRIPS).

Question 2

Trademark

Answer 2

Any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. TRADE NAME - name or designation identifying or distinguishing an enterprise

Question 3

Copyright

Answer 3

confined to literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation

Question 4

SEC. 21. Patentable Inventions.

Answer 4

Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing.

Question 5

Requisites of Patentability

Answer 5

1. Any technical solution of a problem in any field of human activity;
2. Inventive step;
3. Novelty
4. Industrial applicability; and
5. Patentable subject matter

Question 6

Sec. 22 Non-Patentable

Answer 6

22.1. Discoveries, scientific theories and mathematical methods, and in the case of drugs and medicines, the mere discovery of a new form or new property of a known substance which does not result in the enhancement of the known efficacy of that substance, or the mere discovery of any new property or new use for a known substance, or the mere use of a known process unless such known process results in a new product that employs at least one new reactant.
22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;
22.3 Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods;
22.4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes.
Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection;
22.5. Aesthetic creations; and
22.6. Anything which is contrary to public order or morality.

Question 7

Sec. 54-Term of Patent

Answer 7

20 years from the filing date of the application

Question 8

Ownership - Sec. 28

Answer 8

The right to a patent belongs to the inventor, his heirs, or assigns. When two (2) or more persons have jointly made an invention, the right to a patent shall belong to them jointly.

Commissioned
- the person who commissioned the work shall own the patent, unless otherwise provided in the contract

Created in the course of employment
(a) The employee, if the inventive activity is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.
(b)The employer, if the invention is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary. (n)

Question 9

First -to-File Rule

Answer 9

If two (2) or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date. (SEC. 29)

Question 10

Non-Prejudicial Disclosure

Answer 10

Sec. 25.1 - The disclosure of information contained in the application during the twelve (12) months preceding the filing date or the priority date of the application shall not prejudice the applicant on the ground of lack of novelty if such disclosure was made by:
(a) The inventor;
(b) A patent office and the information was contained (a) in another application filed by the inventor and should not have been disclosed by the office, or (b) in an application filed without the knowledge or consent of the inventor by a third party which obtained the information directly or indirectly from the inventor; or
(c) A third party which obtained the information directly or indirectly from the inventor.

Question 11

Grounds for Cancellation of a Patent

Answer 11

61.1. Any interested person may, upon payment of the required fee, petition to cancel the patent or any claim thereof, or parts of the claim, on any of the following grounds:
(a) That what is claimed as the invention is not new or patentable;
(b) That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any person skilled in the art; or
(c) That the patent is contrary to public order or morality.

Question 12

Doctrine of Patent Exhaustion

Answer 12

The patentee who has already sold his invention and has received all the royalty and consideration for the same will be deemed to have released the invention from his monopoly. The invention thus become open to the use of the purchaser without further restriction.

Question 13

Unfair Competition

Answer 13

the passing off (palming off) or attempting to pass off upon the publicof the goods or business of one personas the goods or business of another with the end and probable effectof deceiving the public