IPC Exceptions: Patent Law in the Philippines

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What is an exception to patent rights according to the Intellectual Property Code of the Philippines?

Exporting a patented product to another country.

Manufacturing a patented product for commercial use.

Using a patented product after it has been put on the market in the Philippines by the owner of the product, or with his express consent. (correct)

Importing a patented product from another country without the owner's consent.

Under what circumstance can a person other than the applicant continue to use an invention?

If the person has a license to use the invention.

If the person started using the invention in good faith before the filing date or priority date of the application. (correct)

If the invention was patented before the application date.

If the person is a foreign national.

What is required under any law of the Philippines or of another country that regulates the manufacture, construction, use or sale of a product?

Pursuant to any law that regulates the manufacture, construction, use or sale of a product. (correct)

Registration with the Philippine Intellectual Property Office.

Compliance with safety regulations.

A patent application filing.

What is an exception to patent rights when a ship, vessel, aircraft, or land vehicle of another country enters the territory of the Philippines temporarily or accidentally?

The invention is used exclusively for the needs of the ship, vessel, aircraft or land vehicle. Signup and view all the answers

Under what circumstance can a patent right be transferred or assigned?

Only with the enterprise or business. Signup and view all the answers

What is NOT an exception to patent rights according to the Intellectual Property Code of the Philippines?

Importing a patented product from another country without the owner's consent. Signup and view all the answers

What is the main requirement for a trademark to be considered infringed?

The trademark is used without consent of the owner Signup and view all the answers

What is the type of confusion where the goods of the parties are different but the defendant's product can reasonably be assumed to originate from the plaintiff?

Confusion of Business Signup and view all the answers

When is a literary or artistic work protected by copyright?

From the moment of creation Signup and view all the answers

What is the primary difference between a trademark and a copyright?

Type of work protected Signup and view all the answers

What is the term for a reproduction, counterfeit, copy, or colorable imitation of a registered trademark?

Trademark Infringement Signup and view all the answers

What is required for a trademark to be considered valid?

Registration with the trademark office Signup and view all the answers

What is a requirement for a valid copyright infringement case?

Proof of ownership of the copyrighted work Signup and view all the answers

What is the purpose of the fair use exception?

To allow limited use of copyrighted work for criticism, comment, news reporting, teaching, scholarship, research and similar purposes Signup and view all the answers

What is the right of attribution in the context of moral rights?

The right to acquire that the authorship of the work be attributed to him Signup and view all the answers

What is the exclusive economic right that is relevant to public display?

Right to public display Signup and view all the answers

What is the purpose of the affidavit evidence in a copyright infringement case?

To prove ownership of the copyrighted work Signup and view all the answers

What is the right to preserve the integrity of the work?

The right to object to any distortion, mutilation or other modification which would be prejudicial to his honor or reputation Signup and view all the answers

Where are applications for trademark, patent, utility model, industrial design, and patent cooperation treaty registered?

Philippine Intellectual Property Office (IPO) Signup and view all the answers

What is the primary purpose of registering a trademark?

To protect a business' brand identity in the marketplace Signup and view all the answers

What type of transaction involves the trading of goods and services with money?

External transactions Signup and view all the answers

What is the symbol commonly used to represent copyright?

© Signup and view all the answers

What is the primary purpose of financial accounting?

To identify, record, summarize, and analyze an entity’s financial transactions and report them in financial statements Signup and view all the answers

Where are copyright applications deposited in the Philippines?

Philippine National Library Signup and view all the answers

What type of transactions refer to those that are dealt with cash?

Cash transactions Signup and view all the answers

What is the purpose of a journal in accounting?

To record financial transactions Signup and view all the answers

What is the equation for financial accounting?

Assets = Liabilities + Equity Signup and view all the answers

What type of account represents what a business owes?

Liabilities Signup and view all the answers

Which basis of accounting recognizes revenues when cash is received and expenses when they are paid?

Cash basis Signup and view all the answers

What summarizes the results of a business's financial transactions over a designated period of time?

Financial statement Signup and view all the answers

Study Notes

Patent Limitations

Patent rights do not apply to acts done privately and for non-commercial purposes.
Acts done for experimental purposes relating to the subject matter of the patent are also exempt.
The use of a patented invention for the purpose of transportation, including the loading and unloading of transport vehicles, is exempt.
Where the act consists of the preparation for individual cases, in a pharmacy or by a medical professional, of a medicine in accordance with a medical prescription.
Where the invention is used in any ship, vessel, aircraft, or land vehicle of another country entering the territory of the Philippines temporarily or accidentally.

Prior User

A person who, in good faith, started using the invention in the Philippines, or undertaken serious preparations to use the same, before the filing date or priority date of the application has the right to continue the use thereof.
This right can only be transferred or assigned further with his enterprise or business.

Limitations of Patent Rights

The owner of a patent has no right to prevent third parties from making, using, offering for sale, selling or importing a patented product in certain circumstances.
This includes using a patented product after it has been put on the market in the Philippines by the owner of the product, or with his express consent.

Copyright Infringement

Elements: Ownership of a valid copyright, and proof of ownership through an affidavit.
Exercise of any of the exclusive economic rights in Section 177 without the consent of the copyright owner.
Exceptions: Fair use, criticism, comment, news reporting, teaching, scholarship, research, and similar purposes.

Fair Use

Fair use for criticism, comment, news reporting, teaching, scholarship, research, and similar purposes.
Limited number of copies for classroom use.

Accounting Basics

Financial accounting: Assets = Liabilities + Equity
Steps: Identify transactions, prepare journal entries, post to general ledger, and prepare financial statements.

Types of Accounting Transactions

Cash transactions: dealt with cash.
Credit transactions: deferred cash transactions.
Non-cash transactions: unrelated to transactions that specify if cash’s been paid or if it will be paid in the future.

Types of Accounts

Assets: physical or non-physical types of property that add value to the business.
Expenses: costs incurred during operations.
Liabilities: represent what the business owes.
Equity: shows how much the business is worth.
Revenue: income earned by the business.

Basis of Accounting

Cash basis: recognizes revenues when cash is received and expenses when they are paid.
Accrual basis: revenues and expenses are recorded when they are earned or due.

Financial Statement

Summarized results of business financial transactions over a designated period of time.

Trademark Infringement

Use without consent of the trademark owner of any reproduction, counterfeit, copy, or colorable imitation.
Elements: ownership of a trademark, reproduction, counterfeit, copy, or colorable imitation, no consent, use in connection with sale, and likelihood of confusion.

Types of Confusion

Confusion of goods: as to the goods themselves.
Confusion of business: as to the source or origin of such goods.

Intellectual Property

Registration of applications for trademark, patent, utility model, industrial design, and patent cooperation treaty applications are filed with the Philippine Intellectual Property Office (IPO).
Copyright applications are deposited with the IPO pursuant to an agreement with the Philippine National Library.

Symbols

Copyright: ©
Trademark: ™
Registered: ®

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Description

This quiz covers the exceptions provided under the Intellectual Property Code of the Philippines, including cases where patent law does not apply. Test your knowledge on the exceptions to patent law in the Philippines.