Quiz 15 Questions Flashcards
Discussion:
G.R. No. 194062
1) Differentiate unfair competition (UC) from trademark infringement (TI).
Trademark infringement happens when there is mere unauthorized use of a container bearing a registered trademark in connection with the sale, distribution, or advertising of goods or services which is likely to cause confusion, mistake, or deception among the buyers or consumers.
Meanwhile, unfair competition is defined as the passing off (or palming off) or attempting to pass off upon the public of the goods or business of one person as the goods or business of another with the end and probable effect of deceiving the public.
G.R. No. 194062
2) How was trademark infringement (TI) committed in this case?
Trademark infringement (TI) was committed in this case when the petitioners made unauthorized use of the containers of the respondents bearing registered trademark in connection with the sale, distribution, or advertising of their own goods or services. They refilled, without the respondents’ consent, the LPG containers bearing the registered marks of the respondents.
G.R. No. 194062
3) How was unfair competition (UC) committed in this case?
In the present case, respondents pertinently observed that by refilling and selling LPG cylinders bearing their registered marks, petitioners are selling goods by giving them the general appearance of goods of another manufacturer.
Consumers may be misled into believing that the LPGs contained in the cylinders bearing the marks “GASUL” and ‘SHELLANE” are those goods or products of the petitioners when, in fact, they are not. Obviously, the mere use of those LPG cylinders bearing the trademarks “GASUL” and “SHELLANE” will give the LPGs sold by REGASCO the general appearance of the products of the petitioners.
G.R. No. 174379
4) What is a compulsory license and what are the patented inventions that are subject to compulsory license?
A compulsory license is needed in the exploit of a patented invention. It is applied to food, medicine, and other patented products that are involved in public health and safety.
G.R. No. 174379
5) Why is Petitioner not given the right of priority in the grant of the patent when it had filed a patent in the US?
Petitioner was not given the right of priority in the grant of the patent when it had filed a patent in the US for two (2) major reasons:
1) The procedural flaws it encountered in its application and re-application for the patent in the country.
2) Therapharma only applied for approval to manufacture its product in BFAD, not a patent application. So, essentially, there was no competing patent application with petitioner Du Pont.
Another reason cited by the court is the public interest involved in the production of the medicine.
G.R. No. 174379
6) What would happen to the patented invention after the lapse of the period given to the patent holder for his own exclusive use and control?
After the lapse of the period given to the patent holder for his own exclusive use and control, the patent become part of public domain and free for the public to access.
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