Podcast
Questions and Answers
What is the primary criterion for determining if a mark is well-known in relation to a specific applicant?
What is the primary criterion for determining if a mark is well-known in relation to a specific applicant?
Which of the following is NOT a reason for rejecting a trademark application?
Which of the following is NOT a reason for rejecting a trademark application?
What does it mean when a mark is considered identical or confusingly similar to a well-known mark?
What does it mean when a mark is considered identical or confusingly similar to a well-known mark?
Which condition would allow a mark that is a translation of a well-known mark to be considered for registration?
Which condition would allow a mark that is a translation of a well-known mark to be considered for registration?
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Which scenario represents a valid reason for refusing the registration of a trademark based on its nature?
Which scenario represents a valid reason for refusing the registration of a trademark based on its nature?
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What is a potential consequence for someone who uses a registered mark without the owner's consent?
What is a potential consequence for someone who uses a registered mark without the owner's consent?
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Which test is used to evaluate the overall impression of two trademarks for similarity?
Which test is used to evaluate the overall impression of two trademarks for similarity?
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Which of the following actions could lead to a cancellation of a mark's registration?
Which of the following actions could lead to a cancellation of a mark's registration?
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What characterizes the Dominancy Test when determining trademark similarity?
What characterizes the Dominancy Test when determining trademark similarity?
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Under what condition can the use of a registered mark in commerce be considered infringing?
Under what condition can the use of a registered mark in commerce be considered infringing?
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Flashcards
Marks identical/confusingly similar
Marks identical/confusingly similar
A mark that is the same as, or very similar to, another mark already in use for similar goods or services.
Well-known mark
Well-known mark
A mark recognized internationally and in the Philippines by the relevant public, including through promotions in the Philippines.
Registered mark, dissimilar goods/services
Registered mark, dissimilar goods/services
A registered mark used for goods or services different from those being applied for, but could still be confusing.
Misleading the public
Misleading the public
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Generic or customary signs
Generic or customary signs
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Trademark Infringement
Trademark Infringement
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Holistic Test
Holistic Test
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Dominancy Test
Dominancy Test
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Connotative Comparison
Connotative Comparison
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Aural Comparison
Aural Comparison
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Study Notes
Intellectual Property Law - RA 8293
- Intellectual Property Code of the Philippines: RA No. 8293, as amended by RA No. 10372
- Subject matter of patents: New, useful, and applicable inventions
- Registration: IPO (Intellectual Property Office)
- Patent duration: 20 years
- Kinds of Patents:
- Invention Patent: Novelty, Inventive Step, Industrial Applicability
- Design Patent: Novelty and Ornamentality
- Utility Model: Novelty and Industrial Applicability
- Patentable inventions: Any technical solution to a problem in any field of human activity that is new, involves an inventive step, and is industrially applicable. Can be a product, process, or improvement.
- Non-patentable inventions:
- Discoveries, scientific theories, mathematical methods
- Schemes, rules, methods of mental acts, games, or business, and computer programs
- Methods for treating the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body (except products/compositions for use in these methods)
- Plant varieties, animal breeds, or essentially biological processes for the production of plants or animals (except microorganisms and non-biological/microbiological processes)
- Aesthetic creations
- Anything contrary to public order or morality
- Elements of a patent:
- Novelty: Invention not part of prior art
- Prior Art: everything available to the public worldwide before filing/priority date. Includes earlier applications. Non-prejudicial disclosure (within 12 months) by inventor/patent office/third party is not considered a loss of novelty if certain conditions apply.
- Inventive Step: Not obvious to a skilled person in the field at the time of filing/priority date
- Industrial Applicability: Can be produced and used in an industry
- Novelty: Invention not part of prior art
Patent Application Process
- Application contents: request, description, drawings, claims, abstract
- Unity of invention: One application, one invention (or group of related inventions)
- Divisional application: Allowed if more than one invention.
- Grounds for cancellation: Not new, not sufficiently clear or complete for a skilled person to replicate, contrary to public order or morality
- Right to a patent: Belongs to the inventor, heirs, or assigns.
- Joint inventions: shared rights.
- First to File Rule: Priority given to the first filing applicant if multiple individuals independently devise the same invention
Patent Rights & Obligations
- Exclusive rights: Restrain unauthorized making, using, offering for sale, selling, or importing
- Limitations: Use permitted for experiment/preparation, certain non-commercial uses, acts done privately, etc.
- Prior user rights: Right to continue using an invention if in good faith use began before filing/priority date.
- Government use: Government allowed to exploit invention if in public interest (national security, health, sector development) or a judicial/administrative body rules the current use is anti-competitive.
- Infringement: Making, using, offering to sell, selling, or importing a patented invention without authorization
- Remedies for patent infringement: Civil action, including damages, injunction protection, ordering disposal of infringing goods, and criminal action for repeat infringement (with imprisonment and/or fines).
Trademark Law
- Marks: Visible signs distinguishing goods/services
- How acquired: Trademark registration.
- Unregisterable marks: Immoral, deceptive, scandalous, or disparaging matters; flags/emblems of Philippines/foreign countries; names/portraits/signatures (with some exceptions), identical or confusingly similar marks.
- Colorable Imitation: Close imitation to deceive.
- Kinds of terms: Generic (common descriptors), descriptive (obvious features), suggestive (suggests features), arbitrary or fanciful (no inherent relation).
- Secondary meaning doctrine: Previously nondescriptive mark becomes descriptive through association
- Copyright: Right of Literary/Artistic property
Copyright Law
- Copyright: Incorporeal right protecting literary/artistic works.
- Protection commences: Automatically upon creation
- Derative works: Protected as new works, but doesn't affect subsisting rights in the original.
- Works not protected: Ideas, procedures, systems, methods, concepts, principles, discoveries, news, etc.
- Government works: No copyright protection.
- Moral rights: Exclusive rights to attribute authorship, alter/withhold work prior to publication.
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