Quiz 13 Questions Flashcards
Discussion:
October 17, 2023
1) Secondary Meaning Doctrine
2)
3) Doctrine of Functionality
Madrid Protocol. Filing date in other country of the patent is the same filing date in the Philippines.
IPO: Agency to register in franchising mark
Exemptions to trademark registration:
1) Printers. Can be stopped by injunction.
2) Publishers. Can be stopped by injunction.
3) Drugs and Medicines
4) Imported Medicines
1) Fair Use Doctrine
*Exemptions:
*Newscasters and their promotions
* Braille System for the blind
*Music
2) Good Faith
In unfair competition, deception and fraud should be present.
G.R. No. 131522
1) What is another name of copyright infringement and what is its definition?
Another name for copyright infringement is piracy. A closely related, loosely used term is plagiarism, which is applied to literary works.
G.R. No. 131522
2) What did Robles do that convinced the Supreme Court that she was liable for copyright infringement?
The Supreme Court noticed similarities in the books of the petitioners and the respondents, to wit:
1) The same examples were present.
2) There was a block of quotation, attributed to Edward Burke, which was properly attributed to him by the petitioners, yet was left uncited by the respondents.
When the lower courts were able to notice similarities, Robles published a revised edition of her book incorporating changes that reflected her misappropriations of the works of the petitioners. This prompted the Court to make her liable for copyright infringement.
G.R. No. 131522
3) In this case, how could copying be injurious to the petitioner?
In this instant case, copying could be injurious to the petitioner if substantial amount of their work of labor is reduced or substantially diminished, and this causes an injury, to the extent that the work is misappropriated.
Here, the injury consists in that respondent Robles lifted from petitioner’s book materials that were the result of the latter’s research work and compilation and misrepresented them as her own. She circulated the book DEP for commercial use and did not acknowledge petitioners as her source.
G.R. No. 114508
4) What does Article 6bis of the Paris Convention govern?
Article 6bis of the Paris Convention governs the registration of well-known national trademarks.
G.R. No. 114508
5) In our jurisprudence, who has the authority to declare that a mark is well-known?
In our jurisprudence, it is the Director of the Intellectual Property Office who has the authority to declare that a mark is well-known. Concurrence with the Secretary of Trade and Industry can also be sought.
G.R. No. 114508
6) Why is there a need to enact the IP Code?
The Intellectual Property Code was enacted to strengthen the intellectual and industrial property system in the Philippines as mandated by the country’s accession to the Agreement Establishing the World Trade Organization (WTO).
Notes:
