R.A. 8293 INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES Flashcards
Group 4
What is the official title of the act that governs intellectual property in the Philippines?
Intellectual Property Code of the Philippines
What is one of the primary reasons the State protects intellectual property rights?
To promote local and foreign investments
Who can benefit from intellectual property rights under international treaties to which the Philippines is a party?
A. Only Filipino citizens
B. Any person from a member country with reciprocal rights
C. Only government-registered businesses
D. Only local inventors and artists
B. Any person from a member country with reciprocal rights
Maria is a writer who published a novel. A publishing company copied parts of her book and sold it under a different title without her permission. What law protects Maria’s work?
A. Patent Law
B. Trademark Law
C. Copyright Law
D. Trade Secret Law
C. Copyright Law
Juan, a graphic designer, created a unique logo for a local coffee shop. A few months later, he discovered another café using a very similar logo. What should Juan do to protect his rights?
A. Ignore it since he does not own the café
B. File a complaint with the Intellectual Property Office (IPO)
C. Ask the other café to change their logo without legal action
D. Post about it on social media to warn others
B. File a complaint with the Intellectual Property Office (IPO)
- What are the three main criteria for an invention to be patentable?
a) Novelty, Inventive Step, Industrial Applicability
b) Popularity, Utility, Market Demand
c) Innovation, Commercial Use, Accessibility
d) Originality, Design, Function
b) Popularity, Utility, Market Demand
Who has the right to a patent for an invention?
a) The person who first sells the invention
b) The first person to apply for the patent
c) Anyone who claims ownership
d) The government
b) The first person to apply for the patent
What does the term “prior art” refer to in patent law?
a) A new and unique invention
b) An invention that is still in development
c) Any existing knowledge or evidence related to an invention before a patent application
d) A type of patent that protects artworks
c) Any existing knowledge or evidence related to an invention before a patent application
Juan discovered a new use for a common chemical compound, but it does not enhance its known efficacy. Can he apply for a patent? Why or why not?
A) Yes, because any discovery is patentable
B) No, because new uses must show an improvement in function
C)Yes, because it involves a chemical compound
D)No, because only new compounds can be patented
B) No, because new uses must show an improvement in function
Maria is an employee in a pharmaceutical company. During her free time at work, she invents a new drug using company resources. Who owns the patent, Maria or her employer?
A) Maria, because she was the one who invented it
B) Her employer, because it was made using company resources
C) Both, since she was an employee during the invention
D) Neither, because patents do not apply to company inventions
B) Her employer, because it was made using company resources
What is one ground for the cancellation of a patent?
A) It is not new or patentable
B) It does not have the inventor’s name
C) It was not made public
D)It was not used for business
A) It is not new or patentable
Who has the right to file a petition for patent cancellation?
Any interested person
Only the patent owner
Only the government
Only the court
Any interested person
What documents must be submitted with a petition for patent cancellation?
A. List of witnesses
B. Printed publications or foreign patents
C. Sales receipts
D. Letter of recommendation
B. Printed publications or foreign patents
An inventor filed a patent application, but the court ruled that another person is the true inventor. What can the true inventor do?
A)Request the cancellation of the patent
B) Do nothing and let the original applicant keep the patent
C) Take over the patent application
D) Both a and c
D) Both a and c
A company is using a patented invention without the patent owner’s permission. Under what condition is this allowed?
A) If it is for private, non-commercial use
B) If the company claims they didn’t know about the patent
C) If the company modifies the invention slightly
D)If the invention is used for profit
A) If it is for private, non-commercial use
Refers to the three-dimensional disposition of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit. This is also synonymous with ‘Topography’.
Layout-design
means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality of goods or services of different enterprises which use the sign under the control of the registered owner of such.
Collective Mark
Ayen, a Filipino entrepreneur, developed a unique line of organic skincare products. She first filed a trademark application for her brand name, “Glow Naturals,” in Singapore on January 15, 2025. A month later, on February 15, 2025, she decided to expand her business to the Philippines and filed a trademark application for “Glow Naturals” with the Intellectual Property Office of the Philippines (IPOPHL). What is the filing date considered for Ayen’s “Glow Naturals” trademark application in the Philippines?
January 15, 2025
Adriano has been selling his delicious and unique lechon kawali (crispy fried pork belly) in his small food stall in the local market for 15 years. He’s never registered a trademark for his stall’s name, “Adriano’s Lechon Kawali,” but his food is incredibly popular, and people travel from all over town just to taste it. His stall is easily recognizable by the long line of customers waiting patiently. A new restaurant opens nearby and starts selling lechon kawali using a very similar recipe and even names their stall “Adriano’s Crispy Lechon.” Does Adriano have any legal recourse against the new restaurant, even though he hasn’t registered a trademark?
Yes, because he has established goodwill in his lechon kawali business, which is a protected property right.
The following are examples of unfair competition EXCEPT one:
engaging in comparative advertising that highlights the differences between one’s products and a competitor’s products.
Besides civil/administrative sanctions,
criminal penalties of ___________years imprisonment and a fine of __________apply to those found guilty of acts in Sections 155, 168, and 169.1.
2-5 years |P50,000-P200,000
Which of the following layout-designs of integrated circuits would be eligible for protection under the relevant Act?
A layout-design that is the result of the creator’s own intellectual effort and is not commonly used by other creators or manufacturers at the time of its creation.
Which of the following scenarios would prevent an industrial design from being protected under this Act?
A designer uses elements from another person’s creation without that person’s permission when developing their industrial design.
A company wishes to register a unique logo for its clothing line in the Philippines. Which of the following scenarios would BEST qualify the logo for registration based on the provided text?
The company has used the logo exclusively and continuously on its clothing products sold in the Philippines for five years
The Intellectual Property Office (IPO) is examining a trademark application. If the IPO has reason to believe that some information in the application is not truthful, what action can the IPO take?
Request the applicant to provide enough proof to dispel the IPO’s concerns.
When multiple classes of the Nice Classification of goods and/or services are included in one application, what will happen?
The application will result in one registration.
Which of the following BEST describes the requirement for registering a mark in the Philippines by a specified individual?
The mark must be registered in the applicant’s country of origin.
The renewal fee shall be paid within __________ months preceding the expiration of the period of registration. However, a grace period of ___________months shall be granted for payment of the fees after such expiration, upon payment of a surcharge.
twelve (12) months | six (6) months
_______________means the Rules of Practice in Trademarks and Service Marks formulated by the Director of Trademarks and approved by the Director General
Regulations
A company selling unique blends of fruit juices applied to register their logo. After the initial examination, the Intellectual Property Office (IPO) denied the registration, informing the company that the logo was too similar to a pre-existing logo for a brand of tropical fruit snacks. They received the official notification of denial on June 1st, 2024. What next step can the company take to potentially get its logo registered?
They can amend their application to address the IPO’s concerns and resubmit it for re-examination within four months of the denial notification.
Who is considered the “author” of a work under the law?
They can amend their application to address the IPO’s concerns and resubmit it for re-examination within four months of the denial notification.
Which of the following is NOT considered an original work protected under copyright?
News of the day
Who is considered the “author” of a work under the law?
The natural person who has created the work
A derivative work is defined as:
A work created using a pre-existing work with new modifications
Which of the following rights does copyright ownership NOT include?
The right to prevent first sale of the work
How long does copyright protection last for an author’s original work?
50 years after the author’s death
What is required for an assignment of copyright to be valid?
A written indication of the intention to assign copyright
What penalty can be imposed for copyright infringement under the law?
A fine and possible imprisonment
Joshua, a musician, records a cover of a popular song and uploads it on YouTube without the original artist’s permission. What copyright principle applies to this situation?
Copyright infringement, because he used another artist’s work without permission.
A local news station broadcasts a government press conference and later uploads the footage on their website for public viewing. Do they need copyright permission?
No, because government works are generally not protected by copyright.
Which of the following is NOT a limitation on copyright protection?
The sale of unauthorized copies of a work.
