Intellectual Property Rights: Trademarks and Geographic Indications
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Questions and Answers

What is a key characteristic of a trademark or service mark?

  • It is a literary or artistic work.
  • It is a secret formula or recipe.
  • It is a geographical location.
  • It is a sign capable of distinguishing the goods or services of an enterprise. (correct)

    • What is a geographic indication?

  • A type of undisclosed information that is used for commercial purposes.
  • A type of trademark that is used for services.
  • A sign that identifies a good as originating in a specific territory or region. (correct)
  • A type of copyright that is used for literary works.

    • What is protected by copyright?

  • Secret formulas and recipes.
  • Original literary and artistic works. (correct)
  • Goods and services of an enterprise.
  • Geographical locations and regions.

    • What is a key characteristic of undisclosed information?

    <p>It is a secret that has commercial value.</p> Signup and view all the answers

    What is not a type of intellectual property?

    <p>Formula or recipe.</p> Signup and view all the answers

    What is the purpose of a geographic indication?

    <p>To identify a good as originating in a specific territory or region.</p> Signup and view all the answers

    What is a utility model primarily related to?

    <p>A technical solution to a problem in the medical field</p> Signup and view all the answers

    What is not a necessary requirement for a utility model application?

    <p>Inventive step</p> Signup and view all the answers

    According to Del Rosario v. CA, what is a characteristic of a utility model?

    <p>It is of 'practical utility'</p> Signup and view all the answers

    What is the primary difference between a utility model and an industrial design?

    <p>Industrial applicability</p> Signup and view all the answers

    What is a utility model, according to Ching v. Salinas?

    <p>A device or useful object</p> Signup and view all the answers

    What is.Rule 207 related to?

    <p>Normal means and capacity for routine work and experimentation</p> Signup and view all the answers

    What is the term of a patent from the filing date of the application?

    <p>20 years</p> Signup and view all the answers

    What is not a patentable invention?

    <p>A law of nature</p> Signup and view all the answers

    What can be converted into a patent application if it complies with all the requisites?

    <p>A utility model</p> Signup and view all the answers

    What is the term of an industrial design from the filing date of the application?

    <p>5 years</p> Signup and view all the answers

    What is a patentable invention that relates to a process?

    <p>A method of use</p> Signup and view all the answers

    What is not a patentable invention that relates to a product?

    <p>A discovery</p> Signup and view all the answers

    What is the term of a utility model from the filing date of the application?

    <p>7 years</p> Signup and view all the answers

    What is a non-patentable invention that relates to a method of doing business?

    <p>A method of doing business</p> Signup and view all the answers

    What is the jurisdiction of the regular courts over actions under the IPC?

    <p>Actions under the IPC without prejudice to Subsection 7.1.(c)</p> Signup and view all the answers

    Who has jurisdiction over disputes relating to the terms of a license involving the author's right to public performance?

    <p>Bureau of Copyright</p> Signup and view all the answers

    What is the purpose of a patent?

    <p>To exclude anyone else from commercially exploiting an invention for a limited period</p> Signup and view all the answers

    Who has appellate jurisdiction over the decisions of the Director of the Documentation, Information and Technology Transfer?

    <p>Secretary of Trade and Industry</p> Signup and view all the answers

    What is the role of the Director General in the exercise of his appellate jurisdiction?

    <p>To review decisions of the Bureau of Copyright and Other Related Rights</p> Signup and view all the answers

    Over which decisions of the Director General does the Court of Appeals have appellate jurisdiction?

    <p>Decisions of the Director of Patents and Director of Trademarks</p> Signup and view all the answers

    What is the purpose of the Documentation, Information and Technology Transfer Bureau?

    <p>To oversee technology transfer agreements and settle disputes involving technology transfer payments</p> Signup and view all the answers

    Who has original jurisdiction over actions under the IPC without prejudice to Subsection 7.1.(c)?

    <p>Regular Courts</p> Signup and view all the answers

    What is not considered a patentable invention?

    <p>Aesthetic creations</p> Signup and view all the answers

    What is considered prior art?

    <p>That which has been made available to the public anywhere in the world before the filing date</p> Signup and view all the answers

    What is an exception to the prior art rule?

    <p>Disclosure of information by the applicant</p> Signup and view all the answers

    What is not considered a patentable invention in the case of drugs and medicines?

    <p>The discovery of a new property or new use for a known substance that does not result in the enhancement of a known efficacy</p> Signup and view all the answers

    What is an example of non-patentable invention?

    <p>The cloning of humans or animals</p> Signup and view all the answers

    What is not considered prior art?

    <p>That which has been kept secret</p> Signup and view all the answers

    What is a condition for an exception to the prior art rule?

    <p>The disclosure of information was made by the applicant</p> Signup and view all the answers

    What is not considered a patentable invention in the case of plant varieties or animal breeds?

    <p>Essentially biological processes for the production of plants and animals</p> Signup and view all the answers

    Study Notes

    Intellectual Property Rights

    • A trademark is a visible sign that distinguishes the goods or services of an enterprise and can include a stamped or marked container of goods.
    • A service mark is a mark that distinguishes the services of an enterprise.

    Geographic Indications

    • A geographic indication is a sign that identifies a good as originating in a specific territory or region, where the quality, reputation, or characteristic of the good is attributable to its geographical origin.
    • Copyright protects original literary and artistic works, which are protected from the moment of creation.

    Undisclosed Information

    • Undisclosed information refers to secret information that has commercial value, is not generally known or accessible, and is documented.

    Jurisdiction Over Disputes

    • Original jurisdiction:
      • Regular courts have jurisdiction over actions under the Intellectual Property Code (IPC) without prejudice to subsection 7.1(c).
      • The Bureau of Copyright has jurisdiction over disputes relating to the terms of a license involving the author's right to public performance or other communication of their work.
    • Appellate jurisdiction:
      • The Director General has jurisdiction over decisions rendered by the Bureau of Copyright and other related rights, Director of Patents, Director of Trademarks, and Director of the Documentation, Information and Technology Transfer.
      • The Court of Appeals has jurisdiction over decisions of the Director General in the exercise of his appellate jurisdiction.
      • The Secretary of Trade and Industry has jurisdiction over decisions of the Director General in the exercise of his appellate jurisdiction over the Director of the Documentation, Information and Technology Transfer and over the decisions of the Director General in the exercise of his original jurisdiction.

    Law on Patents

    • A patent is a right granted to an inventor by the State, allowing them to exclude others from commercially exploiting their invention for a limited period.
    • The three-fold purpose of a patent is to provide an incentive for innovation, to promote the disclosure of inventions, and to provide a framework for the commercialization of inventions.

    Patentable Inventions

    • Patentable inventions may relate to a product, process, or improvement of any of the foregoing.
    • Examples of patentable inventions include:
      • Machines
      • Devices
      • Articles of manufacture
      • Compositions of matter
      • Microorganisms
      • Computer-related inventions

    Non-Patentable Inventions

    • Non-patentable inventions include:
      • Discoveries, scientific theories, and mathematical methods
      • Abstract ideas or theories
      • Schemes, rules, and methods of performing mental acts and playing games
      • Methods of doing business
      • Methods for treatment of the human or animal body
      • Anything contrary to public order, health, welfare, or morality
      • Aesthetic creations
      • Programs for computers
      • Plant varieties or animal breeds
      • Essentially biological processes for the production of plants and animals
      • In the case of drugs and medicines, mere discovery of a new form or new property of a known substance, or mere use of a known process

    Utility Model

    • A utility model is a technical solution to a problem in any field of human activity that is new and industrially applicable.
    • It may relate to a product, process, or improvement of any of the foregoing.
    • Utility models are sometimes described as devices or useful objects.

    Prior Art

    • Prior art consists of:
      • Information made available to the public anywhere in the world before the filing date or priority date of the application.
      • The whole contents of an application for a patent, utility model, or industrial design registration filed or effective in the Philippines, with a filing or priority date that is earlier than the filing or priority date of the application.

    Exception: Non-Prejudicial Disclosure

    • Disclosure of information contained in the application during the 12 months preceding the filing date or priority date of the application shall not prejudice the applicant on the ground of lack of novelty, if such disclosure was made by:
      • The applicant or inventor
      • A person who obtained the information from the applicant or inventor
      • A person who obtained the information from a person who obtained it from the applicant or inventor

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    Related Documents

    Law On Intellectual Property PDF

    Description

    Learn about trademarks, service marks, and geographic indications in the context of Intellectual Property Rights and Trade-Related Aspects of Intellectual Property Rights (TRIPS).

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