Intellectual Property Law: Patents and Utility Models
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Questions and Answers

What is one potential liability for a person infringing copyright?

  • To cease all business operations immediately
  • To provide a written apology to the copyright owner
  • To deliver evidence of sales for impounding (correct)
  • To pay specific monetary damages as determined by the court (correct)

Which of the following statements is true regarding copyright infringement liabilities?

  • Infringers can be required to pay damages and profits gained from the infringement (correct)
  • No penalties exist for copyright infringement under the law
  • Only injunctions can be sought against copyright infringers
  • Legal costs are not recoverable by the copyright proprietor

What can a copyright proprietor seek if their rights are infringed?

  • An injunction, damages, and impounding of evidence (correct)
  • A cease and desist order from the infringer
  • Only a monetary compensation
  • Imprisonment of the infringer

Which of the following is NOT a remedy available against copyright infringement?

<p>Seizure of infringer’s personal property (A)</p> Signup and view all the answers

If a copyright infringement occurs, what may the court require from the infringer?

<p>Sales documents for impounding during the legal process (A)</p> Signup and view all the answers

What is the purpose of a trademark?

<p>To identify the origin of goods or services (B)</p> Signup and view all the answers

Which of the following best describes a service mark?

<p>A visible sign identifying the services of an enterprise (D)</p> Signup and view all the answers

What does a collective mark signify?

<p>It indicates the quality of goods produced by a group of enterprises (B)</p> Signup and view all the answers

Which statement describes a generic sign in terms of trademark law?

<p>It is commonly used in everyday language to describe a type of goods (A)</p> Signup and view all the answers

Which of the following is true regarding shapes as trademarks?

<p>Shapes may be trademarked if necessitated by technical factors (D)</p> Signup and view all the answers

What is required for a trademark to pass the function-means-and-result test?

<p>It must perform the same function as a prior invention (C)</p> Signup and view all the answers

What are service marks primarily intended to do?

<p>Distinguish services provided by an enterprise (D)</p> Signup and view all the answers

Which of the following statements is false regarding trademarks?

<p>Trademarks can only be words and letters (D)</p> Signup and view all the answers

Which statement regarding the effect of a registered mark is true?

<p>Only Statement I is true (A), Only Statement II is true (B)</p> Signup and view all the answers

What is the term used for the intangible rights granted to authors for their literary and artistic productions?

<p>Copyright (D)</p> Signup and view all the answers

Which term describes all productions in the literary and artistic domain?

<p>Original work (A)</p> Signup and view all the answers

What is the duration of copyright protection for original and derivative works?

<p>Life of the author plus 50 years after death (D)</p> Signup and view all the answers

What is a defining characteristic of a patent?

<p>It grants exclusive rights to exclude others from making or selling the invention. (A)</p> Signup and view all the answers

Which of the following best describes a Utility Model?

<p>An exclusive right for any useful machine or process. (B)</p> Signup and view all the answers

In which situation does the owner of an infringed right only get an injunction against future printing?

<p>When the infringer is an innocent printer for others (C)</p> Signup and view all the answers

What criteria must an invention meet to be considered industrially applicable?

<p>It must be able to be produced and used in any industry. (B)</p> Signup and view all the answers

Who retains rights against a registered mark if they used it in good faith before its registration?

<p>The person who used the mark for business (D)</p> Signup and view all the answers

Which of the following is NOT considered a non-patentable invention?

<p>Improved manufacturing processes (D)</p> Signup and view all the answers

Which type of work does NOT typically receive copyright protection?

<p>Public domain works (A)</p> Signup and view all the answers

Which of the following statements is FALSE regarding copyright?

<p>Copyright can apply to ideas and facts. (D)</p> Signup and view all the answers

What is the maximum term of protection granted by a Utility Model in the Philippines?

<p>Seven years (A)</p> Signup and view all the answers

Which of the following inventions cannot be patented?

<p>Methods for treatment of the human body (B)</p> Signup and view all the answers

Which statement is true regarding the term 'novelty' in patent law?

<p>An invention must be new and not previously disclosed to qualify. (C)</p> Signup and view all the answers

What does the term 'industrial applicability' imply in relation to inventions?

<p>Inventions must have commercial viability. (C)</p> Signup and view all the answers

Which entity is allowed to inquire into bank deposits when unsafe or unsound banking practices are found?

<p>The Philippine Deposit Insurance Commission (D)</p> Signup and view all the answers

Foreign currency deposits are exempt from which of the following actions?

<p>Garnishment (D)</p> Signup and view all the answers

What do foreign currency deposits consist of?

<p>Funds in foreign currencies only (D)</p> Signup and view all the answers

Who shall own the patent if there is no provision in the contract?

<p>The person who commissions the work (D)</p> Signup and view all the answers

If a person applies for a patent in another country first, when is it considered filed in the Philippines?

<p>On the date of filing the foreign application (D)</p> Signup and view all the answers

Which of the following can the Court of Appeals authorize regarding foreign currency deposits?

<p>Gathering information for anti-terrorism cases (A)</p> Signup and view all the answers

Who owns the patent if an employee makes an invention as part of their assigned duties?

<p>The employer, unless otherwise agreed (B)</p> Signup and view all the answers

Which of the following bodies can audit government deposits?

<p>The Commission on Audit (B)</p> Signup and view all the answers

Which statement is true regarding patent applications?

<p>The application must identify the inventor (B)</p> Signup and view all the answers

What obligation do banks have concerning foreign currency deposits?

<p>Return the equivalent amount with interest (B)</p> Signup and view all the answers

What must a non-resident applicant maintain when applying for a patent in the Philippines?

<p>A resident agent or representative (D)</p> Signup and view all the answers

Which of the following is NOT a circumstance under which examination of bank deposits is allowed?

<p>High deposit balances (B)</p> Signup and view all the answers

Which official body cannot inquire about foreign currency deposits under normal circumstances?

<p>Law enforcement officers (B)</p> Signup and view all the answers

What happens if the employee invents something unrelated to their duties?

<p>The employee owns the patent (C)</p> Signup and view all the answers

In what scenario is ownership of a patent disputed?

<p>If the contract is unclear regarding ownership (A)</p> Signup and view all the answers

When both statements regarding patent ownership and responsibilities are true, which option applies?

<p>Both are true (B)</p> Signup and view all the answers

Flashcards

Patent

Exclusive right granted by the government for a new, inventive, and useful product, process, or improvement.

Utility Model

Protection for innovations not as inventive as a standard patent, focusing on useful tools, machinery, etc.

Industrial Applicability

Invention must be usable in industry, capable of production and use.

Non-Patentable Inventions

Certain types of inventions are not eligible for patent protection.

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Discoveries

Not patentable; basic findings that are not inventions.

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Mathematical methods

Not patentable; formulas, theories, algorithms are not patentable.

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Treatment methods (human/animal)

Generally not patentable, but products used in these methods can be.

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Plant and animal inventions

Generally not patentable. Biological processes are excluded for patent application.

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Trademark

A visible sign used to distinguish a company's goods, including stamped/marked containers.

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Service mark

A visible sign used to distinguish a company's services, including stamped/marked containers.

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Generic sign

A sign that's common or usual for a product or service, not legally protectable as a trademark.

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Collective mark

A sign that identifies a shared quality or origin of goods/service among multiple companies.

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Function-means-and-result test

Legal test to determine if a prior invention using similar means/methods is a valid reason to not grant a trademark.

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Misleading the public

Representing a product/service falsely, regarding its nature, quality, or origin.

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Prior Invention

An invention made before the one under consideration. Often used to argue against trademark validity.

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Shape of goods/services

Defines a shape that may be necessitated by the product's function, nature, and intrinsic value.

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Who owns the patent?

The person who commissions the work owns the patent, except when the contract specifies otherwise.

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Foreign application filing date

An application filed in the Philippines by someone who previously filed for the same invention in another country can be considered filed as of the foreign application date, if that country offers similar privileges to Filipino citizens through treaties or laws.

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Employee invention - who owns the patent?

If an employee's invention is part of their routine duties, even if they use employer resources, the employer owns the patent unless there's a written agreement stating otherwise.

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Is a patent required to identify the inventor?

A patent application must identify the inventor.

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Non-resident applicant requirements

Applicants who are not residents of the Philippines must appoint and maintain a resident agent or representative within the country.

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Patent requirement for industrial applicability

A patent can only be granted if the invention can be used in the industry, meaning it can be produced and utilized.

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Patentable inventions

An invention must be new, inventive, and useful to be eligible for a patent.

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Patentable vs. non-patentable

Discoveries, mathematical methods, and treatment methods for humans or animals are generally not patentable, but products used in those methods can be.

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Copyright Infringement Liability

A person who infringes copyright is legally liable for various consequences, including injunctions, damages, and the production of documents.

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Bank Secrecy Law

Republic Act No. 1405, also known as the Bank Secrecy Law, prohibits the disclosure of or inquiry into deposits with banking institutions, except in certain specific circumstances.

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Exceptions to Bank Secrecy Law

While the Bank Secrecy Law generally restricts access to financial information, exceptions exist in certain cases defined by Republic Act No. 1405 and other laws, allowing authorized entities to access such information.

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Bank Secrecy Law - Scope

The law applies to all types of deposits held in banking institutions, including checking accounts, savings accounts, and time deposits.

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Purpose of Bank Secrecy Law

The Bank Secrecy Law primarily aims to protect financial privacy and prevent the misuse of financial information for illegal activities.

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Good Faith Use in Trademark

A registered trademark has no effect against someone using the same mark in good faith before the trademark was filed, for their business.

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Innocent Infringer (Printing)

A printer who unknowingly produces infringing material for a customer is considered an innocent infringer and only faces an injunction against future printing.

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Copyright

An exclusive right granted to an author or creator for their literary, artistic, or scientific works, giving them economic rights to the work.

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What are Copyrighted Works?

Copyrighted works include any literary, scientific, or artistic creations, such as books, music, movies, paintings, and even computer programs.

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Copyright Term

Copyright protection for original works lasts for the author's lifetime plus 50 years after their death.

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Counterfeited Work

A work that is illegally reproduced or distributed to mimic a genuine product.

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Imitated Work

A work that is inspired by or similar to another work, but not an exact copy.

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Copied Work

A work that is reproduced without permission from the original creator.

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Foreign Currency Deposit Confidentiality

Foreign currency deposits in the Philippines are absolutely confidential and cannot be examined or accessed by anyone, including government officials or any private/public entity.

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Exceptions to Foreign Currency Deposit Confidentiality

There are limited circumstances where government entities can access foreign currency deposits, such as investigations into unsafe banking practices by the Bangko Sentral, anti-terrorism cases, or auditing government deposits.

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What are Foreign Currency Deposits?

Foreign currency deposits refer to funds held in foreign currencies by authorized banks. These banks accept the deposits and are obligated to return an equivalent amount in the same currency, with or without interest.

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Attachment or Garnishment of Foreign Currency Deposits

Foreign currency deposits in the Philippines are exempt from attachment, garnishment, or any other legal process.

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Who can access Foreign Currency Deposits?

Only a special court designated by the Court of Appeals can issue orders authorizing law enforcement to examine and gather information related to foreign currency deposits in specific cases.

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Safeguarding Foreign Currency Deposits

The Philippine law emphasizes the strict confidentiality and protection of foreign currency deposits, shielding them from unwanted access and legal actions.

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Why are Foreign Currency Deposits Protected?

Protecting foreign currency deposits encourages investment and promotes economic growth by providing a secure, private environment for foreign funds.

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Prohibited Acts Related to Foreign Currency Deposits

The law strictly prohibits any unauthorized access, inquiry, or examination of foreign currency deposits by individuals, government officials, or any entity.

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Study Notes

Intellectual Property Law (R.A. No. 8293)

  • Patents: Exclusive rights granted by the government for new, inventive, and useful products, processes, or improvements, allowing the inventor to exclude others from making, using, or selling for the patent's lifespan.
  • Utility Models: Protection for innovations not meeting the inventive threshold of standard patents; covers useful machines, implements, tools, or products, with proven practical utility, novelty, and industrial applicability. This is assessed based on the function-means-and-result test
  • Non-Patentable Inventions:
    • Discoveries, scientific theories, and mathematical methods
    • Schemes, rules, and methods for mental acts, playing games, doing business, and computer programs.
    • Methods for treating the human or animal body, though products or compositions for use in these methods are patentable.
    • Plant varieties, animal breeds, and essentially biological processes for producing plants or animals
    • What is likely to mislead the public regarding the nature, quality, characteristics, or geographical origin of goods/services.
    • Signs that are generic for the goods/services or that have become customary to designate them in everyday language or trade practice
    • Signs that may serve in trade to designate kind, quality, quantity, intended purpose, value, geographical origin, time of production of goods/services or other characteristics

Trademarks, Service Marks, and Trade Names

  • Trademark: A visible sign that distinguishes an enterprise's goods, including stamped or marked containers.
  • Service Mark: A visible sign that distinguishes an enterprise's services, including stamped or marked containers.
  • Collective Mark: A visible sign distinguishing origin or other common characteristics, like quality of goods/services by multiple enterprises.

Ownership of Inventions

  • Commissions: The person commissioning a work owns the patent unless otherwise specified in the contract.
  • Foreign Applications: An application for a patent based on a prior foreign application is considered filed on the date of foreign filing if similar privileges are given to Filipinos by treaty or law.
  • Employee Inventions:
    • If an invention is part of an employee's regular duties, even with employer resources, the invention is the employee's, otherwise belongs to the employer, unless otherwise agreed explicitly or implicitly.

Patent Application Requirements

  • Inventor Identification: All patent applications must list the inventor(s).
  • Resident Agent: Non-resident applicants must appoint and maintain a resident agent in the Philippines.

Registered Mark Validity

  • Prior Use: A registered mark has no effect against someone who used it in good faith before the filing or priority date.
  • Innocent Infringers: An infringer engaged solely in the printing of the mark for others is afforded injunctive relief only concerning future printing.
  • Copyright: Intangible rights granted to authors/creators over literary, scholarly, scientific, and artistic productions providing economic rights to them, heirs, and assigns.
  • Subject Matter: Original works in literary, scientific, and artistic domains, including books, music, films, paintings, computer programs.
  • Term of Copyright: Life of author + 50 years after death.
  • Legal Liability: Infringers are liable for injunction, actual damages (including legal costs, and relevant profits), and provision of relevant documents, at court's discretion.

Bank Secrecy Laws (Republic Act No. 1405)

  • Confidential Deposits: Foreign currency deposits are absolutely confidential, exempt from inquiry, attachment, or garnishment, by any person or entity in the Philippines.
  • Exceptions:
    • The Bangko Sentral or the Deposit Insurance Commission can inquire if there are unsafe or unsound banking practices. -In some cases,courts,law enforcement officers, in anti-terrorism cases may investigate bank deposits, and the Commission on Audit may examine government deposits.
  • Definition: Foreign currency deposits involve funds in foreign currencies held by authorized banks in the Philippines, with a return obligation

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Related Documents

Intellectual Property Law (Philippines) PDF

Description

Explore the intriguing world of Intellectual Property Law with a focus on patents and utility models. This quiz covers essential concepts such as exclusive rights, non-patentable inventions, and the criteria for protection under R.A. No. 8293. Test your knowledge and understanding of these critical legal principles.

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