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?
- Knowledge among the relevant sector of the public (correct)
- Previous registrations in international markets
- Popularity among the public at large
- Unique characteristics of the goods or services
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?
- The mark consists exclusively of generic signs
- The mark is deemed misleading concerning the quality of the goods
- The mark is associated with a well-known registered mark in another country (correct)
- The mark is identical to a registered mark related to dissimilar goods
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?
- It can only relate to goods that are identical in nature
- It must be a direct translation of the registered mark
- It may indicate a potential connection that could mislead the public (correct)
- It will always lead to a rejection of the trademark application
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?
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?
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?
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?
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?
What characterizes the Dominancy Test when determining trademark similarity?
What characterizes the Dominancy Test when determining trademark similarity?
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?
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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