Quizzes 1 - 7 Compiled Answers Lip

Quia -
MIDTERM EXAMS LIP SY 2013-2014

YOU WILL HAVE ONLY ONE ATTEMPT TO TAKE THIS EXAM; THIRTY (30) MINUTES TO
ANSWER ALL THE QUESTIONS. In Multiple Choice problems, select the BEST
answer. In True or False problems, select True or False. In Multiple
Correct problems, choose ALL the <<<<<<<<<<<<s. In Fill-in-Blank
problems, provide the word answer/s. Make sure you have a stable
internet connection.
Thank you. Your responses have been automatically graded. Here are your
results.
*Score Summary*
(Click on question number to jump to question.) *points earned*

*points possible*
*Question 1 <#q1>* correct 5 5
*Question 37 <#q37>* incorrect 0 5
*Score: (94%)* *235* *250*
1.
The mark "Selecta", as used for ice cream and dairy products, is:
Registrable because a generic term is one that refers, or has

come to be understood as referring, to the genus of which the
particular product is a species.
Not registrable because a generic term is one that refers, or has
Not registrable because it is likely to mislead the public,
particularly as to the nature, quality, characteristics or
geographical origin of the goods or services.
Registrable because nature of the goods to which the mark is
applied will not constitute an obstacle to registration.
Registrable because it has no relation to the goods or services
being sold.
Registrable because it has been invented for the sole purpose of
functioning as a trRegistrable because ademark and have no other
meaning than acting as a mark. (<<<<<<<<<<<<, your response)
Not registrable because it serves in trade to designate the kind,
quality, quantity, intended purpose, value, geographical origin,
time or production of the goods or rendering of the services, or
other characteristics of the goods or services.
None of these
*Points earned:* 5 out of 5
2.
In ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No. 103543. July 5,
1993, the Supreme Court ruled that The fact that the words pale
pilsen are part of ABI's trademark does not constitute an
infringement of SMC's trademark xxx. The reason for this is that:
The phrase pale pilsen is generic words descriptive of the

color of a type of beer. (<<<<<<<<<<<<, your response)
"Pilsen" is a not primarily geographically descriptive word,"
hence, registerable and appropriable by a beer manufacturer.
Pilsen is a kind of beer that even justices cannot resist.
All of the above.
None of the above
3.
The mark "Cosmopolite", as used for canned tuna, is:

geographical origin of the goods or services.
being sold. (<<<<<<<<<<<<, your response)
meaning than acting as a mark.
None of these
4.
Copyright in a work of architecture shall include the right to
control the erection of any building which reproduces the whole or a
substantial part of the work either in its original form or in any
form recognizably derived from the original. However,
The copyright in any such work shall not include the right to
control the reconstruction or rehabilitation in the same style as
the original of a building to which the copyright relates. (correct
answer, your response)
The copyright in any such work shall include the right to control
the reconstruction or rehabilitation in the same style as the
original of a building to which the copyright relates.
The copyright in any such work shall last only for twenty-five
years from the moment of creation
None of these.
5.
Ms. Celina Conti applied for registration of the mark consisting of
the logo below:for massage and spa services (Class 42 Miscellaneous
Services). The Coca-Cola Company has existing registrations under
Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34.
Coca-Cola Company will probably oppose the application upon the
ground that:
It is immoral, deceptive or scandalous to use Coca-cola for

massage and/or spa services.
It is identical with, or confusingly similar to, or constitutes a
translation of a mark which is considered by the competent authority
of the Philippines to be well-known internationally and in the
Philippines, whether or not it is registered here, as being already
the mark of a person other than the applicant for registration, and
used for identical or similar goods or services.
translation of a mark considered well-known, which is registered in
the Philippines with respect to goods or services which are not
similar to those with respect to which registration is applied for.
(<<<<<<<<<<<<, your response)
None of the above as there is no ground to oppose.
6.
Under the IP Code, the First-to-File Rule has been adopted for
copyrightable works, trademarks and patents.
True. If two (2) or more persons have made the invention

separately and independently of each other, the right to the patent
shall belong to the person who filed an application for such
invention, or where two or more applications are filed for the same
invention, to the applicant who has the earliest filing date or, the
earliest priority date.
False. An application for registration of a mark filed in the
Philippines by a person referred to in Section 3 of the IP Code, and
who previously duly filed an application for registration of the
same mark in one of those countries, shall be considered as filed as
of the day the application was first filed in the foreign country.
False. Copyright accrues from the moment of creation. (correct
True. The use of the mark in a form different from the form in
which it is registered, which does not alter its distinctive
character, shall not be ground for cancellation or removal of the
mark and shall not diminish the protection granted to the mark.
7.
Restituto Bicomong is such a patriotic fellow. When he decided to
distribute abroad his uniquely designed buri mats, he came up with a
trademark application consisting of the word Banig and the
representation of the Philippine Flag, as shown.The application will
most likely be denied by IPO even if Resty removed the Philippine
Flag because a mark may not be registrable if it:
Is likely to mislead the public, particularly as to the nature,

quality, characteristics or geographical origin of the goods or
services;
Consists exclusively of signs that are generic for the goods or
services that they seek to identify; (<<<<<<<<<<<<, your response)
Consists exclusively of signs or of indications that have become
customary or usual to designate the goods or services in everyday
language or in bona fide and established trade practice;
None of the above.
8.
In SOCIETE DES PRODUITS NESTLE, S.A. and NESTLE PHILIPPINES, INC.,
petitioners, vs. COURT OF APPEALS and CFC CORPORATION, respondents.
[G.R. No. 112012. April 4, 2001], Societe Des Produits Nestle, S.A.,
and Nestle Philippines, Inc. opposed CFCs application for trademark
FLAVOR MASTER claiming that the said trademark is "confusingly
similar to its trademarks for coffee and coffee extracts, to wit:
MASTER ROAST and MASTER BLEND." This issue was resolved by the Court
by using:
The totality or holistic test

The dominancy test (<<<<<<<<<<<<, your response)
The doctrine of equivalents
The doctrine of secondary meaning.
9.
A mark which is considered by the competent authority of the
Philippines to be well-known internationally and in the Philippines,
whether or not it is registered here, as being already the mark of a
person has the effect of preventing the registration of a mark that
is identical with, or confusingly similar to, or constitutes a
translation of the first mark when used for identical or similar
goods or services.
True (<<<<<<<<<<<<, your response)

False
10.
Frederick Perez wrote and published The Secret of Beauty, a book
on how to be a successful hairstylist. Frederick Lopez, an aspiring
hair cutter, saw the book at National Book Store and bought a copy.
He took pains to study the different styles and strokes described by
Frederick Perez in his book. Soon, applying the techniques he
learned, Frederick Lopez became a much sought-after hairstylist. He
always would say that what he is and what he knows, he learned from
the book of Frederick Perez. Hearing these words, Frederick Perez
felt he has been cheated by Frederick Lopez.
As counsel for Frederick Perez, on whether copyright infringement

has been committed, you would advise him:
To immediately sue for copyright infringement of his book, The

Secret of Beauty.
To first register and make a deposit of his book with the
National Library, so that he can sue for infringement.
To relax because no copyright infringement has been committed by
Frederick Lopez. (<<<<<<<<<<<<, your response)
To sue because the acts of Frederick Lopez may be considered as
unfair use.
11.
The publisher of a book, in addition to the right to publish, shall
have a copyright consisting merely of the right of:
reproduction of the typographical arrangement of the published

edition of the work (<<<<<<<<<<<<, your response)
adaptation of the musical arrangement of the published edition of
the work
reproduction of the technical arrangement of the published
edition of the work
transformation of the published edition of the work

12.
Copyright itself does not depend on official procedures. A created
work is considered protected by copyright as soon as it exists.
According to the Berne Convention for the Protection of Literary and
Artistic Works, literary and artistic works are protected without
any formalities in the countries party to that Convention.
True. Thus, WIPO does not offer any kind of copyright

registration system. (<<<<<<<<<<<<, your response)
False. Thus, WIPO offers a system of International Trademark
Registration.
False.Thus, WIPO offers a system of International Copyright
Registration.
True.Thus, WIPO does not support a system of International
Trademark Registration.
13.
Joy Personal Products, Inc. manufactures and distributes toothpaste
in tubes under the trademark Calgary Fresh. Colgate Palmolive has
sought your opinion on whether Joy Personal Products Inc. is
committing unfair competition because, among other matters, it is
also using plastic tubes in the marketing of its toothpaste
products. You advise Colgate that the use of plastic tubes cannot
per se be a ground to impute unfair competition because:
As held in CONVERSE RUBBER CORPORATION and EDWARDSON

MANUFACTURING CORPORATION, plaintiffs-appellants, vs. JACINTO RUBBER
& PLASTICS CO., INC., and ACE RUBBER & PLASTICS CORPORATION,
defendants-appellants, "the respective designs, shapes, the colors
of the ankle patches, the bands, the toe patch and the soles of the
two products are exactly the same . . . (such that) "at a distance
of a few meters, it is impossible to distinguish "Custombuilt" from
"Chuck Taylor". These elements are more than sufficient to serve as
basis for a charge of unfair competition.
As held in ASIA BREWERY, INC. petitioner, vs. THE HON. COURT OF
APPEALS and SAN MIGUEL CORPORATION, respondents, SMC's being the
first to use the steinie bottle does not give SMC a vested right to
use it to the exclusion of everyone else. Being of functional or
common use, and not the exclusive invention of any one, it is
available to all who might need to use it within the industry.
Nobody can acquire any exclusive right to market articles supplying
simple human needs in containers or wrappers of the general form,
size and character commonly and immediately used in marketing such
articles xxx. (<<<<<<<<<<<<, your response)
a) and b)
None of the above.

14.
In the Ongpin Memorandum, cited by the Supreme Court in Mirpuri v
CA, the Minister of Trade and Industry did enumerated well-known
trademarks and also laid down guidelines for the Director of Patents
to observe in determining whether a trademark is entitled to
protection as a well-known mark in the Philippines under Article
6bis of the Paris Convention.
True
False (<<<<<<<<<<<<, your response)
15.
The then Ministry of Trade on November 20, 1980 issued a memorandum
addressed to the Director of the Patents Office directing the latter
". . . reject all pending applications for Philippine registration

of signature and other world famous trademarks by applicants other
than its original owners or users.
"The conflicting claims over internationally known trademarks

involve such name brands as Lacoste, Jordache, Gloria Vanderbilt,
Sasson, Fila, Pierre Cardin, Gucci, Christian Dior, Oscar de la
Renta, Calvin Klein, Givenchy, Ralph Lauren, Geoffrey Beene, Lanvin
and Ted Lapidus.
"It is further directed that, in cases where warranted, Philippine

registrants of such trademarks should be asked to surrender their
certificates of registration, if any, to avoid suits for damages and
other legal action by the trademarks' foreign or local owners or
original users."
This administrative issuance was made pursuant to
Berne Convention
Paris Convention (<<<<<<<<<<<<, your response)
TRIPS
Rome Convention
16.
Jessie holds a copyright registration for a Utility Model, Leaf
Spring Eye Bushing for Automobile made up of plastic. It is
described as
comprising a generally cylindrical body having a co-axial bore that

is centrally located and provided with a perpendicular flange on one
of its ends and a cylindrical metal jacket surrounding the
peripheral walls of said body, with the bushing made of plastic that
is either polyvinyl chloride or polypropylene.[31] Likewise, the
Vehicle Bearing Cushion is illustrated as a bearing cushion
comprising a generally semi-circular body having a central hole to
secure a conventional bearing and a plurality of ridges provided
therefore, with said cushion bearing being made of the same plastic
materials.
Jennifer produced and distributed similar bushings. Jessie sued for

copyright infringement. The suit will not prosper because:
The bushings are not intellectual creations in the literary and

artistic domain, or works of applied art. They are certainly not
ornamental designs or one having decorative quality or value.
The bushings are useful articles which have an intrinsic
utilitarian function that is not merely to portray the appearance of
the article or to convey information.
A and B (<<<<<<<<<<<<, your response)
None of these.
17.
In EMERALD GARMENT MANUFACTURING CORPORATION vs. COURT OF APPEALS,
G.R. No. 100098. December 29, 1995, the holistic approach was used
by the Court to determine confusing similarity between the competing
trademarks, thereby holding that LEE was not confusingly similar
with STYLISTIC MR. LEE. The holistic approach meant, essentially
.... If the competing trademark contains the main or essential

or dominant features of another, and confusion and deception is
likely to result, infringement takes place. Duplication or imitation
is not necessary; nor it is necessary that the infringing label
should suggest an effort to imitate.
Being of functional or common use, and not the exclusive
invention of any one, it is available to all who might need to use
it within the industry. Nobody can acquire any exclusive right to
market articles supplying simple human needs in containers or
wrappers of the general form, size and character commonly and
immediately used in marketing such articles.
In determining whether the trademarks are confusingly similar,
a
comparison of the words is not the only determinant factor. The
trademarks in their entirety as they appear in their respective
labels or hang tags must also be considered in relation to the goods
to which they are attached. The discerning eye of the observer must
focus not only on the predominant words but also on the other
features appearing in both labels in order that he may draw his
conclusion whether one is confusingly similar to the other.
None of the above

18.
The Dominancy Test, applied in determining confusing similarity in
trademarks, means:
It is elementary that a patent may be infringed where the

essential or substantial features of the patented invention are
taken or appropriated, or the device, machine or other subject
matter alleged to infringe is substantially identical with the
patented invention. In order to infringe a patent, a machine or
device must perform the same function, or accomplish the same result
by identical or substantially identical means and the principle or
mode of operation must be substantially the same.
If the competing trademark contains the main or essential or
dominant features of another, and confusion and deception is likely
to result, infringement takes place. Duplication or imitation is not
necessary; nor is it necessary that the infringing label should
suggest an effort to imitate. (<<<<<<<<<<<<, your response)
In determining whether the trademarks are confusingly similar, a
All of the above.
19.
Section 123.3. of the IP Code provides that The nature of the goods
to which the mark is applied will not constitute an obstacle to
registration. (Sec. 4, R. A. No. 166a). This provision means that:
Trademark applications for sex toys may not be granted because

sex toys are contrary to public morals.
In any suit for infringement, the owner of the registered mark
shall not be entitled to recover profits or damages unless the acts
have been committed with knowledge that such imitation is likely to
cause confusion, or to cause mistake, or to deceive.
For purposes of registration, what the IPO examines is not the
product or service to which a mark is to be applied, but the mark
itself. (<<<<<<<<<<<<, your response)
None of the above.
20.
The word "Diamond" and logo, as used for jewellery items made of
cubic zirconium is:

geographical origin of the goods or services. (<<<<<<<<<<<<, your
response)
being sold.
None of these
21.
In Habana versus Robles, G.R. No. 131522. July 19, 1999, technical
considerations and similarity in the background and training of the
contending authors were rejected by the Supreme Court as sufficient
explanation or justification for the similarities in the two works.
This case is authority for the proposition that:
"The proposition is peace. Not peace through the medium of war;

not peace to be hunted through the labyrinth of intricate and
endless negotiations; not peace to arise out of universal discord,
fomented from principle, in all parts of the empire; not peace to
depend on the juridical determination of perplexing questions, or
the precise marking of the boundary of a complex government. It is
simple peace; sought in its natural course, and in its ordinary
haunts. It is peace sought in the spirit of peace, and laid in
principles purely pacific.
If so much is taken that the value of the original work is
substantially diminished, there is an infringement of copyright and
to an injurious extent, the work is appropriated. (<<<<<<<<<<<<,
your response)
Copyright or economic rights shall consist of the exclusive right
to carry out, authorize or prevent the public performance of the
work; and other communication to the public of the work.
In case of works of joint authorship, the economic rights shall
be protected during the life of the last surviving author and for
fifty (50) years after his death.
22.
In Mirpuri v CA, the government official who implemented the
provisions of Article 6bis of the Paris Convention was who himself
made an official determination that the marks he identified were
well-known.
*The following answers are acceptable:*

Villafuerte
villafuerte
Luis Villafuerte
luis villafuerte
Luis Villafuerte Sr.
luis villafuerte sr
*Your response:*
Villafuerte
23.
A certificate of registration shall remain in force for years:
Provided, That the registrant shall file a declaration of actual use
and evidence to that effect, or shall show valid reasons based on
the existence of obstacles to such use within one (1) year from the
fifth anniversary of the date of the registration of the mark.
Otherwise, the mark shall be removed from the Register by the Office.
*The following answers are acceptable:*

10
ten
ten (10)
*Your response:*
10
24.
The following are samples of descriptive marks:
Suprasilk for intimate wear

Microsoft for software programs
Master Roast for coffee
Selecta for dairy products
Kamiseta for clothing
Thin Crust for pizza (<<<<<<<<<<<<, your response)
100% WOOL for jackets (<<<<<<<<<<<<, your response)
Levi Strauss for pants
Adagio for brassieres
25.
In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF
APPEALS, SUNSHINE HOME VIDEO, INC. and DANILO A. PELINDARIO,
respondents., [G.R. No. 110318. August 28, 1996.], the thrust of the
ruling is to the effect that The essence of a copyright
infringement is the similarity or at least substantial similarity of
the purported pirated works to the copyrighted work. Hence, the
applicant must present to the court the copyrighted films to compare
them with the purchased evidence of the video tapes allegedly
pirated to determine whether the latter is an unauthorized
reproduction of the former. This linkage of the copyrighted films to
the pirated films must be established to satisfy the requirements of
probable cause. Mere allegations as to the existence of the
copyrighted films cannot serve as basis for the issuance of a search
warrant.
True. In the absence thereof, there can be no finding of probable

cause for the issuance of a search warrant.
False. It is true that such master tapes are object evidence,
with the merit that in this class of evidence the ascertainment of
the controverted fact is made through demonstrations involving the
direct use of the senses of the presiding magistrate. Such auxiliary
procedure, however, does not rule out the use of testimonial or
documentary evidence, depositions, admissions or other classes of
evidence tending to prove the factum probandum. (<<<<<<<<<<<<,
your response)
True. It is true that such master tapes are object evidence, with
the merit that in this class of evidence the ascertainment of the
controverted fact is made through demonstrations involving the
evidence tending to prove the factum probandum.
False. In the absence thereof, there can be no finding of
probable cause for the issuance of a search warrant.
26.
Literary and artistic works, hereinafter referred to as "works", are
original intellectual creations in the literary and artistic domain
protected from the moment of their creation. Which among the
following properties does not belong?
Dan Brown's Da Vinci Code

Classroom Lecture of Atty. Rodroguez, not reduced in writing
Inquirer Libre
Leah Salonga's rendition of "Can We Just Stop and Talk a While?"
None of these.
27.
In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL
MERCHANDISING and COMPANY, and ANG TIAM CRAY, G.R. No. 115758. March
19, 2002, petitioner who had copyright over Chin Chun Su and Oval
Facial Cream Container/Case (Certificates of Copyright Registration
No. 0-1358 and No. 0-3678) and patent rights on Chin Chun Su &
Device and Chin Chun Su for medicated cream (Registration
Certificate No. 4529 under the Supplemental Register of the
Philippine Patent Office) failed to secure an injunction against
persons who advertised and sold petitioner's cream products under
the brand name Chin Chun Su, in similar containers that petitioner
uses.
The reason for the failure of Khos case was:
Trademark rights are acquired through registration. (correct

The copyright of the treatise does not give to the author the
exclusive right to the art or manufacture described in his work.
The background and training of the contending authors were
rejected by the Supreme Court as sufficient explanation or
justification for the similarities in the two works.
None of the above.
28.
The recordal system of registration in the Copyright Office is
different from the Trademark system of registration in that
In the Trademark Register, the issuance of registration is

ministerial upon submission of an application that is complete in
form and substance.
The National Library undertakes a procedure to verify the
veracity of the claim of authorship by a registrant with respect to
a copyrightable work.
In the Trademark Register, there is a substantive examination
conducted to determine the registrability of copyrightable works.
None of the above. (<<<<<<<<<<<<, your response)
29.
In AMIGO MANUFACTURING, Inc., petitioner, vs. CLUETT PEABODY CO.,
INC., respondent, the findings of the then Bureau of Patents that
GOLD TOP was confusingly and deceptively similar to GOLD TOE
was
sustained by Supreme Court by invoking:

The dominancy test
The law of equivalents
30.
A trademark application which consists of the word Mike and the
design below has been filed for clothing and shoes. The application
will most likely be rejected because it:
Consists of immoral, deceptive or scandalous matter, or matter

which may disparage or falsely suggest a connection with persons,
living or dead, institutions, beliefs, or national symbols, or bring
them into contempt or disrepute;
Consists of a name, portrait or signature identifying a
particular living individual or the name, signature, or portrait of
a deceased President of the Philippines, during the life of his
widow, if any, except by written consent of the widow;
particular deceased individual, or the name, signature, or portrait
of the husband of a living President of the Philippines, during the
life of his widow, if any, except by written consent of the widow;
31.
Any visible sign capable of distinguishing goods or services
(service mark) of an enterprise and shall include a stamped or
marked container of goods would be a:
Utility Model
Invention
Industrial Design
Work of Applied Art
Utility Design
Logo
Trademark (<<<<<<<<<<<<, your response)
Geographical Indications
Lay-out Designs
Trade secret
32.
In PEARL & DEAN (PHIL.), INC., vs. SHOEMART, INCORPORATED, G.R. No.
148222. August 15, 2003, the Supreme Court quoted the US case of
Baker vs. Selden:
xxx
A treatise on the composition and use of medicines, be they old or
new; on the construction and use of ploughs or watches or churns; or
on the mixture and application of colors for painting or dyeing; or
on the mode of drawing lines to produce the effect of perspective,
would be the subject of copyright; but no one would contend that the
copyright of the treatise would give the exclusive right to the art
or manufacture described therein.
xxx
This means that:
Construction of light boxes from technical drawings violates

copyright.
Preparing Roast Pig a la Marketmanila
(http://www.marketmanila.com/) as described in his blog site
(http://www.marketmanila.com/) does not violate copyright. (correct
Planting rice, as described in a Filipino folk song, is never
fun.
None of the above.
33.
In the case of ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No.
103543. July 5, 1993, it was also held that The petitioner's
contention that bottle size, shape and color may not be the
exclusive property of any one beer manufacturer is well taken
(Emphasis supplied). The reason is that, at least in the said case,
SMC' was not the first to use the steinie bottle; hence, SMC
cannot claim a vested right to use it to the exclusion of everyone else.
Being of functional or common use, and not the exclusive
invention of any one, it is available to all who might need to use
it within the industry. (<<<<<<<<<<<<, your response)
A and b above.
None of the above.
34.
Copyrightable works are protected
upon registration
from the moment of creation (<<<<<<<<<<<<, your response)
upon adoption
after examination
none of the above.
35.
A trademark application which consists of the words See Me, Feel
Me and the picture shown has been filed for Intimate Apparel.The
application will most likely be rejected because it:

services that they seek to identify;
them into contempt or disrepute; (<<<<<<<<<<<<, your response)
particular living individual except by his written consent, or the
name, signature, or portrait of a deceased President of the
Philippines, during the life of his widow, if any, except by written
consent of the widow;
None of the above.
36.
When may a mark that is identical with, or confusingly similar to,
or constitutes a translation of a mark considered well-known in
Section 123.1, par. e, which is registered in the Philippines, be
registrable?
When the goods or services are not similar to those with respect
to which registration is applied for.
When the goods or services are similar to those with respect to
which registration is applied for.
Always registrable
Never registrable (<<<<<<<<<<<<, your response)
It really depends on the Trademark Examiner.
37.
Collections of literary, scholarly or artistic works, and
compilations of data and other materials may be considered as new
works if they are original by reason of the * of their contents.
Choose ALL <<<<<<<<<<<<s.
selection (<<<<<<<<<<<<)
coordination (<<<<<<<<<<<<)
arrangement (<<<<<<<<<<<<, your response)
choreography
reproduction
usefulness
visibility
popularity (your response)
38.
Article 6bis of the Paris Convention provides:
(1) The countries of the Union undertake, either administratively if
their legislation so permits, or at the request of an interested
party, to refuse or to cancel the registration and to prohibit the
use, of a trademark which constitutes a reproduction, an imitation,
or a translation, liable to create confusion, of a mark considered
by the competent authority of the country of registration or use to
be well-known in that country as being already the mark of a person
entitled to the benefits of this Convention and used for identical
or similar goods.
The objective of this provision is
To protect well-known marks. (<<<<<<<<<<<<, your response)

To protect well-known inventions.
To protect well-known works.
To refuse or to cancel well-known marks.
39.
In Ang versus Teodoro, G.R. No. 48226. December 14, 1942, petitioner
made a frontal sledge-hammer attack on the validity of respondent's
trademark "Ang Tibay" by contending that the phrase "Ang Tibay" as
employed by the respondent on the articles manufactured by him is a
descriptive term because, "freely translated in English," it means
"strong, durable lasting." She argued that words or devices which
relate only to the name, quality, or description of the merchandise
cannot be the subject of a trade-mark.
This argument was sustained by the Court, further holding that

function of a trade-mark is to point distinctively, either by its
own meaning or by association, to the origin or ownership of the
wares to which it is applied.
This argument was rejected by the Court, further holding that
function of a trade-mark is to point distinctively, either by its
own meaning or by association, to the quality, or description of the
merchandise or of the wares to which it is applied.
This argument was sustained by the Court, further holding that n
inquiry into the etymology and meaning of the Tagalog words "Ang
Tibay," shows that the phrase is never used adjectively to define or
describe an object. (<<<<<<<<<<<<, your response)
Tibay," shows that the phrase may be used adjectively to define or
describe an object.
40.
In Masso Hermanos, S.A. vs. Director of Patents, 94 Phil. 136, 139
(1953), it was held that a dealer in shoes cannot register "Leather
Shoes" as his trademark because that would be merely descriptive and
it would be unjust to deprive other dealers in leather shoes of the
right to use the same words with reference to their merchandise. No
one may appropriate generic or descriptive words. They belong to the
public domain (Ong Ai Gui vs. Director of Patents, 96 Phil. 673, 676
[1955]). If Daisy Fuentes applied for a trademark registration for
the mark Daisy Fuentes Ketchup, for tomato ketchup, the
application will most likely be granted because:
Unlike the term Leather Shoes, Ketchup is not merely

descriptive.
It consists of her name and she presumably has consented to the
use thereof. (<<<<<<<<<<<<, your response)
It does not consist of immoral, deceptive or scandalous matter,
or matter which may disparage or falsely suggest a connection with
persons, living or dead, institutions, beliefs, or national symbols,
or bring them into contempt or disrepute.
None of the above.

41.
Suggestive marks suggest a quality or characteristic of the goods
and services. The following are samples of suggestive marks:
Suprasilk for intimate wear (<<<<<<<<<<<<, your response)

Microsoft for software programs (<<<<<<<<<<<<, your response)
Master Roast for coffee (<<<<<<<<<<<<, your response)
Selecta for dairy products
Kamiseta for clothing
Thin Crust for pizza
100% WOOL for jackets
Levi Strauss for pants
Adagio for brassieres
42.
In Abercrombie & Fitch Co. v. Hunting World, Inc., a classification
scheme was adopted by the court to determine the extent of
protection a word mark would be afforded. This trademark strength
spectrum has been recognized in the Philippines. In determining the
level of protection a word mark was afforded, the court considered
the source-identifying quality of the word. The court held that
fanciful, arbitrary and suggestive terms are inherently capable of
source-identification and were thus protected immediately upon use.
Descriptive words alone, upon the other hand, were not independently
capable of identifying the source of goods and were thus not
afforded immediate protection.
The statement is false.

The statement is partly true.
The statement is preposterous. (your response)
None of the above. (<<<<<<<<<<<<)
43.
Ms. Celina Conti applied for registration of the mark consisting of
Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34. The
application will most likely be denied because:
Is NOT identical with a registered mark belonging to any

different proprietor or a mark with an earlier filing or priority
date, in respect of: The same goods or services, or Closely related
goods or services, or If it does not nearly resemble such a mark as
to be likely to deceive or cause confusion;
Is likely to mislead the public, particularly as to the nature,
quality, characteristics or geographical origin of the services;
44.
What is a Trademark?
A grant issued by the Philippine Government giving an inventor

the right to exclude others from making, using or selling his
invention within the Philippines in exchange for his patentable
information or disclosure (Quid Pro Quo).
Any technical solution of a problem in any field of human
activity which is new and industrially applicable.
Any visible sign capable of distinguishing the goods or services
of an enterprise and shall include a stamped or marked container of
goods. (<<<<<<<<<<<<, your response)
Indications that identify a good as originating in the territory
of a country or a region or locality in the territory, where a given
quality, reputation, or other characteristic of the good is
essentially attributable to its geographical origin. Patents, in
many jurisdictions, refer to titles granted to inventions only. In
the Philippines, patent had been used in its generic sense, to
include titles to inventions, utility models and industrial designs.
45.
A mark which is considered by the competent authority of the
translation of the first mark:
when used for identical or similar goods or services. (correct

when used for different or dissimilar goods or services.
when used for identical and unrelated goods or services.
when not used for identical or similar goods or services.

46.
The Convention of Paris for the Protection of Industrial Property,
otherwise known as the Paris Convention, is a multilateral treaty
that seeks to protect industrial property consisting of patents,
utility models, industrial designs, trademarks, service marks, trade
names and indications of source or appellations of origin, and at
the same time aims to repress unfair competition. This is achieved by:
According to citizens of the other member countries trademark and

other rights comparable to those accorded their own citizens by
their domestic laws. (<<<<<<<<<<<<)
According to its citizens trademark and other rights superior to
those accorded to citizens of other countries.
Giving better treatment to each of the member countries than that
country makes available to its own citizens.
Giving the same treatment to each of the member countries. as
that country makes available to citizens of other countrues (your
response)
None of these.
47.
While visiting Makati City in July, 2006, Anthony Pascual was able
to visit the Ayala Museum and view the original paintings of such an
up and coming painter, Roy Fernando. Anthony happened to carry with
him his Nikon D2xs SLR digital camera with him. He was able to take
great photographs of the paintings. Back home in Naga City, Anthony
decided to print his photographs on T-shirts and peddle them outside
the Penafrancia Shrine during the Fiesta last September. If you were
consulted by Roy Fernando, who was your best friend from high
school, you would recommend filing a copyright infringement
complaint against Anthony on the basis of:
Infringement of Roys' right of reproduction of the work;

Infringement of Roys right of first public distribution of the
original and each copy of the work by sale or other forms of
transfer of ownership;
(a) and (b) (<<<<<<<<<<<<, your response)
(a) or (b)
48.
How may the rights in a mark be acquired ?
Trademark rights are acquired from the moment of creation.

Trademark rights are acquired through first use and adoption of
the mark.
Trademark rights are acquired through intellectual creation.
49.
Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he
bequeathed his Memoirs, consisting of one thousand hand-written
pages, recounting his adventures of a lifetime to his mistress,
Lolita. However, during his heyday, he entered into a Publication
Agreement with Garbage Publications whereby, during his lifetime
and ten years after his death, he assigned all his rights to his
Memoirs to the latter. Lolita decided to sell the manuscript to a
secret collector for US$10,000,000.00 in a much-publicized
transaction. Ramon, an estranged son of Senor Lauro, heard about it.
He wrote Lolita a demand letter asking for half of the gross
proceeds of the sale. Lolita approached you for advice.
Lolita is obligated to share with Ramon the gross proceeds of the

sale to the extent of 50% because Ramon was an only son.
Lolita is not obligated to share with Ramon any amount because
the Memoirs was hers alone.
Ramon is entitled to 5% of the gross proceeds as an heir.
Ramon is not entitled to any share having been estranged from his
father.
None of these.
50.
The term of protection for Broadcasts is:
Fifty (50) years from the end of the year in which they took
place. Fifty (50) years from the end of the year in which they took
place. Twenty (20) years from the date they took place.
Thirty (30) years from the end of the year in which they took
place.
Twenty (20) years from the date they took place. (<<<<<<<<<<<<,
your response)
None of the above.
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FINAL EXAMINATION LIP SY 2013-2014
YOU WILL HAVE ONLY ONE ATTEMPT TO TAKE THIS EXAM; ONE (1) HOUR AND
THIRTY (30) MINUTES TO ANSWER ALL 100 QUESTIONS.
In Multiple Choice problems, select the BEST answer.

In True or False problems, select True or False.
In Multiple Correct problems, choose ALL the <<<<<<<<<<<<s.
In Fill-in-Blank problems, provide the word answer/s.
Make sure you have a stable internet connection.
1. In the case of work created by an employee during and in the course

of his employment, ownership of copyright shall be determined based on:
(1 point)
Whether or not the creation of the object of copyright is part of

his regular duties.
2. Under the new IP Code, "patent" refers to the title granted to

protect an invention defined as any technical solution of a problem
in any field of human activity which involves inventive step and is
industrially applicable. (1 point)
False
3. Patents to protect inventions; and industrial designs, which are

aesthetic creations determining the appearance of industrial
products, as well as trademarks, service marks, layout-designs of
integrated circuits, commercial names and designations, geographical
indications, and protection against unfair competition fall under:
(1 point)
Industrial property
4. A trademark application which consists of the words See Me, Feel

application will most likely be rejected because it: (1 point)

5. Restituto Bicomong is such a patriotic fellow. When he decided to
distribute abroad his uniquely designed buri mats, he came up with a
trademark application consisting of the word Banig and the
representation of the Philippine Flag, as shown.The application will
most likely be denied by IPO even if Resty removed the Philippine
Flag because a mark may not be registrable if it: (1 point)

6. What is a well-known mark? (1 point)
a mark that is declared as such by a judge based on certain given

criteria.
7. The First to File Rule simply means that: (1 point)
If there are two or more applications are filed for the same
8. The Convention of Paris for the Protection of Industrial Property,

the same time aims to repress unfair competition. This is achieved
by: (1 point)
According to citizens of the other member countries trademark and
other rights comparable to those accorded their own citizens by
their domestic laws.
9. HOW MAY AN AFFIDAVIT EVIDENCE HELP A COPYRIGHT OWNER IN AN ACTION

FOR INFRINGEMENT? (1 point)
None of the above.
10. An interested person may petition to cancel a patent or any claim

thereof, or parts of the claim, on any of the following grounds,
EXCEPT: (1 point)
The application did not comply with the requirement of unity of

invention.
11. Moral rights pertain to (1 point)
Attribution and integrity
12. A patent application, which been published, and all related

documents, shall not be made available for inspection without the
consent of the applicant.
(1 point)
False
13. The term of protection for works of applied art is: (1 point)
Twenty-five (25) years from the date of making.
14. Considering that dramatizations, translations, adaptations,

abridgments, arrangements, and other alterations of literary or
artistic works are protected as a new works, the consent of the
author or creator of these underlying works need no longer be
secured. (1 point)
False
15. A trademark application which consists of the word Mike and the
will most likely be rejected because it: (1 point)
None of the above.
16. While visiting Makati City in July, 2006, Anthony Pascual was able
(1 point)
(a) and (b)
17. By originality is meant that the material was not copied, and
evidences at least minimal creativity; that it was independently
created by the author and that it possesses at least same minimal
degree of creativity. Originality is a requirement of (1 point)
Copyright protection
18. In Mirpuri v CA, the government official who implemented the

provisions of Article 6bis of the Paris Convention was who himself
made an official determination that the marks he identified were
well-known. (1 point)
Villafuerte
19. Ms. Celina Conti applied for registration of the mark consisting of
Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34. The
application will most likely be denied because: (1 point)
None of the above.
20. What is a Trademark? (1 point)
Any visible sign capable of distinguishing the goods or services of

an enterprise and shall include a stamped or marked container of goods.
21. When I turn 64, I plan on inviting all my of my friends from six
decades to a giant party where food and wine will flow as never
before. There will be dancing, games and merry-making. It will be a
night never to be forgotten. Before the evening shall end, I plan to
distribute my autobiography, a book bound in soft calf leather with
gold-edged pages, entitled "It's My Life, Idiot!" If you are
brilliant, you will open the book and you will find that NOT A WORD
IS WRITTEN ON ANY OF THE PAGES. (It's my life, idiot!) As an IP
student, what do you ask yourself: "Is this guy crazy?" or "Is he
saying his life is empty?" or "Is his autobiography protected by
copyright?" What is your best answer to your last question? (1 point)
No, because while he has and is living his life, his story has yet
to be told.
22. Suggestive marks suggest a quality or characteristic of the goods

and services. The following are samples of suggestive marks: (1 point)

23. In Abercrombie & Fitch Co. v. Hunting World, Inc., a classification

afforded immediate protection. (1 point)
None of the above.
24. Levin Okoda, principal architect of Manresa and Associates, was

engaged by San Miguel Industries to prepare the architectural plans
of the latters proposed home office in Ortigas Center. Roben
Ysmael, CEO of San Miguel, liked the plans so much and, without
batting an eyelash, paid the professional fees being collected by
Okoda of Manresa. Subsequently, Roben engaged the services of his
cum padre, Regis Legum, who owns a competing architectural firm, for
the construction of the building based on the plans. When Okoda
learned about this development, he called Roben to offer his
services to undertake the construction. Roben refused. Okoda now
consults you and asks what he can do in the premises. Your advice
shall be:
(1 point)
Advise Okoda that he has the right to control the erection of any
building which reproduces the whole or a substantial part of the
work either in its original form or in any form recognizably derived
from the original.
25. Jessie holds a copyright registration for a Utility Model, Leaf

described as

materials.
A and B
26. Copyright shall consist of the exclusive right to carry out,

authorize or prevent public performance of a work. However, the
recitation or performance of a work, once it has been lawfully made
accessible to the public, if done privately and free of charge or if
made strictly for a charitable or religious institution or society,
will not constitute infringement. (1 point)
Copyright allows some monopoly subject to some limitations provided

by law.
27. A utility model registration shall expire, without any possibility

of renewal, at the end of the year after the date of the filing of
the application.
(1 point)
7
28. Notwithstanding the provisions of Subsection 177.1, any library or

archive whose activities are not for profit may, without the
authorization of the author or copyright owner, make a ___________
number of copies of the work, as may be necessary for such
institutions to fulfill their mandate, by reprographic reproduction:
(1 point)
limited
29. In Ang versus Teodoro, G.R. No. 48226. December 14, 1942, petitioner
made a frontal sledge-hammer attack on the validity of respondent's
trademark "Ang Tibay" by contending that the phrase "Ang Tibay" as
employed by the respondent on the articles manufactured by him is a
descriptive term because, "freely translated in English," it means
"strong, durable lasting." She argued that words or devices which
relate only to the name, quality, or description of the merchandise
cannot be the subject of a trade-mark.
(1 point)

Tibay," shows that the phrase is never used adjectively to define or
describe an object.
30. Yvonne is the school director/adviser of the San Beda College High
School drama club. The play she selected for the celebration of the
School Foundation Day was a not-so-known play which she thought
would showcase the talent of her young actors and actresses.
Unfortunately, the writer of the play who happened to be Yvonnes
suitor whom Yvonne rejected ten years ago was unwilling to grant a
license to the play for high school productions. Yvonnes best
argument for avoiding liability for copyright infringement on the
part of San Beda College if she decided to go ahead and use the
material from the play, WITHOUT THE WRITERS CONSENT, is: (1 point)
The public performance of a work, in a place where no admission fee
is charged, by an institution for educational purpose only, whose
aim is not profit making does not constitute copyright infringement;
31. In PEARL & DEAN (PHIL.), INC., vs. SHOEMART, INCORPORATED, G.R. No.
Baker vs. Selden:
xxx
xxx
This means that: (1 point)

(http://www.marketmanila.com/) does not violate copyright.
32. Article 6bis of the Paris Convention provides:

or similar goods.
The objective of this provision is (1 point)
To protect well-known marks.
33. The term of protection for audio-visual works including those

produced by process analogous to photography or any process for
making audio-visual recordings is: (1 point)
Fifty (50) years from date of publication and, if unpublished, from
the date of making.
34. A technical solution of a problem in any field of human activity, to

be patentable, must be, among other traits:
(1 point)
novel
35. Copyright itself does not depend on official procedures. A created

any formalities in the countries party to that Convention. (1 point)
True. Thus, WIPO does not offer any kind of copyright registration
system.
36. In Masso Hermanos, S.A. vs. Director of Patents, 94 Phil. 136, 139
application will most likely be granted because: (1 point)
It consists of her name and she presumably has consented to the use
thereof.
37. According to WIPO, Intellectual property is usually divided into two

branches. Choose ALL <<<<<<<<<<<<s. (1 point)
Industrial property
Copyright and related rights
38. Which does not belong? The following shall be excluded from patent
protection:
(1 point)
Laparoscopic machine for cholecystectomy.
39. A mark which is considered by the competent authority of the

translation of the first mark when used for identical or similar
goods or services. (1 point)
False
40. The mark "Selecta", as used for ice cream and dairy products, is:
(1 point)

41. Any technical solution of a problem in any field of human activity

which is new and industrially applicable and which may be, or may
relate to, a useful machine, an implement or tool, a product or
composition or an improvement of any of the foregoing, would be a:
(1 point)
Invention
42. The term of protection for performances not incorporated in

recordings is: (1 point)
Fifty (50) years from the end of the year in which they took place.
43. As held in SMITH KLINE BECKMAN CORPORATION, petitioner, vs. THE

HONORABLE COURT OF APPEALS and TRYCO PHARMA CORPORATION,
respondents, When the language of its claims is clear and distinct,
the patentee is bound thereby and may not claim anything beyond
them. And so are the courts bound which may not add to or detract
from the claims matters not expressed or necessarily implied, nor
may they enlarge the patent beyond the scope of that which the
inventor claimed and the patent office allowed, even if the patentee
may have been entitled to something more than the words it had
chosen would include.
The extent of protection conferred by the patent shall be
determined by the claims, which are to be interpreted in the light
of the description and drawings.
44. Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he

proceeds of the sale. Lolita approached you for advice. (1 point)
45. A patent application for a drug, Buntigon, that cures AIDS, filed by
Felix Pormento, a neo-scientist, has been granted a filing date of
July 5, 2007. It was published on February 20, 2010. It was
subsequently granted, after substantive examination, a patent. Said
grant was published in the IPO Gazette on July 5, 2013. Pormento
learned that Ramon Claveria made, produced, offered for sale and
sold a drug similar to Buntigon in or about November 2010. As of
October 23, 2013, (1 point)
Pormento can file a patent infringement case because the infringing
acts occurred in November, 2010.
46. In the case of ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No.
(1 point)
Being of functional or common use, and not the exclusive invention

of any one, it is available to all who might need to use it within
the industry.
47. For an invention to be new, it must not be part of prior art.

However, the disclosure of information by the inventor contained in
an application during the twelve (12) months preceding the filing
date or the priority date of the application shall not be considered
prior art. This is referred to as (1 point)
Non-prejudicial disclosure.
48. In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL

uses.
The reason for the failure of Khos case was: (1 point)

Trademark rights are acquired through registration.
49. In 1841, Thomas Babington MacCaulay, in a speech delivered on the

floor of the House of Commons, declared:
"It is good that authors should be remunerated; and the least

exceptionable way of remunerating them is by a monopoly. Yet
monopoly is an evil. For the sake of the good we must submit to the
evil; but the evil ought not to last a day longer than is necessary
for the purpose of securing the good."
(1 point)
MacCaulay is justifying the grant of monopoly to authors.
50. Copyrightable works are protected (1 point)

from the moment of creation
1.
In Habana versus Robles, G.R. No. 131522. July 19, 1999, technical
considerations and similarity in the background and training of the
contending authors were rejected by the Supreme Court as sufficient
explanation or justification for the similarities in the two works.
"The proposition is peace. Not peace through the medium of war;

not peace to be hunted through the labyrinth of intricate and
endless negotiations; not peace to arise out of universal discord,
fomented from principle, in all parts of the empire; not peace to
depend on the juridical determination of perplexing questions, or
the precise marking of the boundary of a complex government. It is
simple peace; sought in its natural course, and in its ordinary
haunts. It is peace sought in the spirit of peace, and laid in
principles purely pacific.
If so much is taken that the value of the original work is
substantially diminished, there is an infringement of copyright and
to an injurious extent, the work is appropriated. (<<<<<<<<<<<<,
your response)
to carry out, authorize or prevent the public performance of the
work; and other communication to the public of the work.
In case of works of joint authorship, the economic rights shall
be protected during the life of the last surviving author and for
fifty (50) years after his death.
2.
In ABS-CBN BROADCASTING CORPORATION, Petitioner, versus PHILIPPINE
MULTI-MEDIA SYSTEM, INC., et al., Respondents., G.R. No. 175769-70,
2009 Jan 19, 3rd Division, it was held that Copyright is not
absolute. It means that:
The NTCs power to promulgate rules and regulations, as public

safety and interest may require, to encourage a larger and more
effective use of communications, radio and television broadcasting
facilities, and to maintain effective competition among private
entities in these activities whenever the Commission finds it
reasonably feasible is absolute.
The end of making society benefit from the creation of its men
and women of talent and genius is the essence of real property laws,
and it explains why certain products of ingenuity are concealed from
the public and are outside the pale of protection afforded by the law.
Intellectual property protection is merely a means towards the
end of making society benefit from the creation of its men and women
of talent and genius. This is the essence of intellectual property
laws, and it explains why certain products of ingenuity that are
concealed from the public are outside the pale of protection
afforded by the law. (<<<<<<<<<<<<, your response)
Intellectual property protection is merely a dream of old men to
make society benefit from the creation of others. This dream is the
height of insanity which explains why anarchy is inevitable and
certain in this society.
None of these.
3.
Under the IP Code, the First-to-File Rule has been adopted for
copyrightable works, trademarks and patents.
True. If two (2) or more persons have made the invention

separately and independently of each other, the right to the patent
shall belong to the person who filed an application for such
invention, or where two or more applications are filed for the same
False. An application for registration of a mark filed in the
Philippines by a person referred to in Section 3 of the IP Code, and
who previously duly filed an application for registration of the
same mark in one of those countries, shall be considered as filed as
of the day the application was first filed in the foreign country.
False. Copyright accrues from the moment of creation. (correct
True. The use of the mark in a form different from the form in
which it is registered, which does not alter its distinctive
character, shall not be ground for cancellation or removal of the
mark and shall not diminish the protection granted to the mark.
4.
Probable cause has been uniformly defined as such facts and
circumstances which would lead a reasonable, discreet and prudent
man to believe that an offense has been committed, and that the
objects sought in connection with the offense are in the place
sought to be searched.
Under prevailing jurisprudence, the determination of probable cause
Requires the presentation of master tapes as enunciated in the

case of 20TH CENTURY FOX FILM CORPORATION, petitioner, vs. COURT OF
APPEALS, EDUARDO M. BARRETO, RAUL SAGULLO and FORTUNE LEDESMA, [G.R.
Nos. L-76649-51. August 19, 1988.]
May be delegated to a Commissioner under the 1997 Rules of Civil
procedure.
Must adhere to the requirement that "no less than personal
knowledge by the complainant or his witnesses of the facts upon
which the issuance of a search warrant may be justified" in order to
convince the judge, not the individual making the affidavit and
seeking the issuance of the warrant, of the existence of a probable
cause. (<<<<<<<<<<<<, your response)
None of the above.
5.
The term of protection for performances not incorporated in
recordings is:
place. Fifty (50) years from the end of the year in which they took
place. Twenty (20) years from the date they took place. (<<<<<<<<<<<<)
place.
Twenty (20) years from the date they took place.
None of the above. (your response)
6.
Memoirs to the latter. After Senor Lauro was buried, Lolita hired
you as counsel and sought your legal advice on the feasibility of
demanding from Garbage Publications the royalties owing to Senor
Lauro, since Lolita is now the owner of the Memoirs. You will advise
Lolita that:
She has every legal right to collect from Garbage Publications

because she owns the Memoirs.
She has no legal right to collect because the mere ownership of
the Memoirs does not mean that she owns the copyright to the
Memoirs. (<<<<<<<<<<<<, your response)
She has the legal right to be declared by a court of law as the
owner copyright over the Memoirs.
None of these.
7.
Pia Bautista, as the vocalist of a band, plans to perform five
original songs composed by Alex Pormento during a concert at the UP
Theater for the benefit of the Philippine Red Cross. These songs
were never recorded, publicly played or performed before by anyone,
anywhere. What should Pia do to ensure that she commits no copyright
violation?
Change the venue to a private place.

Do not charge for the show or otherwise make profit.
Make the concert strictly for a charitable or religious
institution or society.
Get permission from Alex to perform the songs.
8.
Brilliante Verzosa megged a movie that was awarded by the
Independent Directors Guild of the Philippines as "Best Picture of
the Year". However, the MTRCB gave it a rating of X, meaning, not
fit for public exhibition due to "Violence, Foul language and
Nudity." Hence, it was never shown in the theaters. When this was
reported in social media, a lot of interest for the movie was
generated. Everybody wanted to see it and was asking where it could
be watched. Others were looking for copies. Dimitri, a close buddy
of Brilliante, had a preview copy of the movie. He saw the
opportunity to make money from the unusual demand for the film. He
uploaded it in his personal website and charged P200 for every
download. When he became aware of what Dimitri has done, Brilliante
asked him to stop, alleging copyright infringement. Dimitri refused,
arguing that government, through the MTRCB, has refused protection
to the movie because it is immoral and illegal. What is your BEST
advise to Brilliante?
The movie is protected irrespective of its content. (correct

The movie is protected irrespective of its quality.
The movie is not protected because of its content.
The movie is not protected because of its quality.
9.
Copyright, in the strict sense of the term, is purely a statutory
right. It is a new or independent right granted by the statute, and
not simply a pre-existing right regulated by the statute. Being a
statutory grant, the rights are only such as the statute confers,
and may be obtained and enjoyed only with respect to the subjects
and by the persons, and on terms and conditions specified in the
statute.
Since . . . copyright in published works is purely a statutory

creation, a copyright may be obtained only for a work falling within
the statutory enumeration or description.
The foregoing was cited by the Supreme Court in Joaquin versus

Drilon, G.R. No. 108946. January 28, 1999, to arrive at the
conclusion that the format or mechanics of a television show is not
included in the list of protected works xxx. The legal basis is
The copyright is distinct from the property in the material

object subject to it. Consequently, the transfer or assignment of
the copyright shall not itself constitute a transfer of the material
object. Nor shall a transfer or assignment of the sole copy or of
one or several copies of the work imply transfer or assignment of
the copyright.
Notwithstanding the provisions of Sections 172 and 173, no
protection shall extend, under this law, to any idea, procedure,
system method or operation, concept, principle, discovery or mere
data as such, even if they are expressed, explained, illustrated or
embodied in a work; news of the day and other miscellaneous facts
having the character of mere items of press information; or any
official text of a legislative, administrative or legal nature, as
well as any official translation thereof. (<<<<<<<<<<<<, your
response)
In an action under this Chapter, an affidavit made before a
notary public by or on behalf of the owner of the copyright in any
work or other subject matter and stating that: (a) At the time
specified therein, copyright subsisted in the work or other subject
matter; (b) He or the person named therein is the owner of the
copyright; and (c) The copy of the work or other subject matter
annexed thereto is a true copy thereof, shall be admitted in
evidence in any proceedings for an offense under this Chapter and
shall be prima facie proof of the matters therein stated until the
contrary is proved, and the court before which such affidavit is
produced shall assume that the affidavit was made by or on behalf of
the owner of the copyright.
The fair use of a copyrighted work for criticism, comment, news
reporting, teaching including multiple copies for classroom use,
scholarship, research, and similar purposes is not an infringement
of copyright.
10.
HOW MAY AN AFFIDAVIT EVIDENCE HELP A COPYRIGHT OWNER IN AN ACTION
FOR INFRINGEMENT?
It creates a prima facie presumption that the copyright to the

work is subsisting and that it is being infringed.
It creates a conclusion that (i) copyright subsists in the work;
(ii) the person named therein is the owner of the copyright; and,
(iii) the copy of the work or other subject matter annexed thereto
is a true copy thereof.
A and B above.
11.
In FILIPINO SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, INC.,
plaintiff-appellant, vs. BENJAMIN TAN, defendant-appellee. In G.R.
No. L-36402. March 16, 1987.], it was held that "If the rights
under the copyright are infringed only by a performance where money
is taken at the door, they are very imperfectly protected.
Performances not different in kind from those of the defendants
could be given that might compete with and even destroy the success
of the monopoly that the law intends the plaintiffs to have. It is
enough to say that there is no need to construe the statute so
narrowly. The defendants' performances are not eleemosynary. Xxx
Eleemosynary means:
Befitting of applause and admiration.

Simply charitable. (<<<<<<<<<<<<, your response)
For profit and gain.
Literary and artistic.

12.
A copyright certificate is a prima facie evidence of originality.
This means that:
A copyright certificate provides prima facie evidence of

originality which is one element of copyright validity. (correct
A copyright certificate provides inadmissible evidence of
originality which is one element of copyright validity.
A copyright certificate provides no probative value as regards
originality which is one element of copyright validity.
A copyright certificate provides the only admissible form of
evidence of originality which is one element of copyright validity.
13.
In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF
respondents., [G.R. No. 110318. August 28, 1996.], the thrust of the
ruling is to the effect that The essence of a copyright
infringement is the similarity or at least substantial similarity of
the purported pirated works to the copyrighted work. Hence, the
applicant must present to the court the copyrighted films to compare
them with the purchased evidence of the video tapes allegedly
pirated to determine whether the latter is an unauthorized
reproduction of the former. This linkage of the copyrighted films to
the pirated films must be established to satisfy the requirements of
probable cause. Mere allegations as to the existence of the
copyrighted films cannot serve as basis for the issuance of a search
warrant.
True. In the absence thereof, there can be no finding of probable

cause for the issuance of a search warrant.
False. It is true that such master tapes are object evidence,
with the merit that in this class of evidence the ascertainment of
the controverted fact is made through demonstrations involving the
evidence tending to prove the factum probandum. (<<<<<<<<<<<<,
your response)
True. It is true that such master tapes are object evidence, with
the merit that in this class of evidence the ascertainment of the
controverted fact is made through demonstrations involving the
evidence tending to prove the factum probandum.
False. In the absence thereof, there can be no finding of
probable cause for the issuance of a search warrant.
14.
The objective of the WIPO Internet Treaties is to protect the
environment.
True. When a widely shared product is used to commit

infringement, it may be impossible to enforce rights in the
protected work effectively against all direct infringers, so that
the only practical alternative is to go against the devices
distributor for secondary liability on a theory of contributory or
vicarious infringement.
True. The fair use of a copyrighted work for criticism, comment,
news reporting, teaching including multiple copies for classroom
use, scholarship, research, and similar purposes is not an
infringement of copyright.
False. The copyright is distinct from the property in the
material object subject to it. Consequently, the transfer or
assignment of the copyright shall not itself constitute a transfer
of the material object. Nor shall a transfer or assignment of the
sole copy or of one or several copies of the work imply transfer or
assignment of the copyright.
15.
proceeds of the sale. Lolita approached you for advice.
Lolita is obligated to share with Ramon the gross proceeds of the

sale to the extent of 50% because Ramon was an only son.
Lolita is not obligated to share with Ramon any amount because
the Memoirs was hers alone.
Ramon is not entitled to any share having been estranged from his
father.
None of these.

16.
Notwithstanding the provisions of Subsection 177.1, any library or
limited (<<<<<<<<<<<<, your response)

multiple
one
two
unlimited
17.
The term of protection for sound or image and sound recordings and
for performances incorporated therein is:
place. (<<<<<<<<<<<<, your response)
place.
None of the above.
18.
Jose Poloyapoy sold to Kislap Publishing (Kislap) a manuscript
containing his adventures in scaling the heights of Mt. Everest.
Kislap then published his manuscript claiming that it has acquired
the copyright in and to Joses written adventure stories. Kislaps
contention is wrong because:
A transfer or assignment of the sole copy or of one or several

copies of a work does not imply transfer or assignment of the
copyright. (<<<<<<<<<<<<, your response)
The submission of a literary, photographic or artistic work to a
newspaper, magazine or periodical for publication shall constitute
only a license to make a single publication unless a greater right
is expressly granted.
The copyright is identical with the property in the material
object subject to it.
The copyright may be assigned in whole or in part.

19.
Frederick Perez wrote and published The Secret of Beauty, a book
As counsel for Frederick Perez, on whether copyright infringement

has been committed, you would advise him:
To immediately sue for copyright infringement of his book, The

Secret of Beauty.
To first register and make a deposit of his book with the
National Library, so that he can sue for infringement.
Frederick Lopez. (<<<<<<<<<<<<, your response)
To sue because the acts of Frederick Lopez may be considered as
unfair use.
20.
In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL
uses.

The copyright of the treatise does not give to the author the
exclusive right to the art or manufacture described in his work.
The background and training of the contending authors were
rejected by the Supreme Court as sufficient explanation or
justification for the similarities in the two works.
None of the above.

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FINAL EXAMINATION LIP SY 2013-2014
YOU WILL HAVE ONLY ONE ATTEMPT TO TAKE THIS EXAM; ONE (1) HOUR AND
THIRTY (30) MINUTES TO ANSWER ALL 100 QUESTIONS.
In Multiple Choice problems, select the BEST answer.

In True or False problems, select True or False.
In Multiple Correct problems, choose ALL the correct answers.
In Fill-in-Blank problems, provide the word answer/s.
Make sure you have a stable internet connection.
1. Yvonne is the school director/adviser of the San Beda College High

School drama club. The play she selected for the celebration of the
School Foundation Day was a not-so-known play which she thought
would showcase the talent of her young actors and actresses.
Unfortunately, the writer of the play who happened to be Yvonnes
suitor whom Yvonne rejected ten years ago was unwilling to grant a
license to the play for high school productions. Yvonnes best
argument for avoiding liability for copyright infringement on the
part of San Beda College if she decided to go ahead and use the
material from the play, WITHOUT THE WRITERS CONSENT, is: (1 point)
Any play performed by a high school is educational and qualifies as

fair use.
3. The recordal system of registration in the Copyright Office is

different from the Trademark system of registration in that (1 point)
None of the above.
5. For an invention to be new, it must not be part of prior art.

However, the disclosure of information by the inventor contained in
an application during the twelve (12) months preceding the filing
date or the priority date of the application shall not be considered
prior art. This is referred to as (1 point)
6. The term of a patent shall be years from the filing date of the
application. (Sec. 21, R. A. No. 165a)
(1 point)
20
7. What is a Geographic Indication (1 point)
Indications that identify a good as originating in the territory of

a country or a region or locality in the territory, where a given
quality, reputation, or other characteristic of the good is
essentially attributable to its geographical origin. Patents, in
many jurisdictions, refer to titles granted to inventions only. In
the Philippines, patent had been used in its generic sense, to
include titles to inventions, utility models and industrial designs.
8. A certificate of registration shall remain in force for years:

Provided, That the registrant shall file a declaration of actual use
and evidence to that effect, or shall show valid reasons based on
the existence of obstacles to such use within one (1) year from the
fifth anniversary of the date of the registration of the mark.
Otherwise, the mark shall be removed from the Register by the Office.
(1 point)
10
9. The mark "Callista Flockhart", as used for tonic drinks and and
health products, is: (1 point)
Not registrable unless Ms. Flockhart gives her blessing .
10. Frederick Perez wrote and published The Secret of Beauty, a book

Frederick Lopez.
11. In Masso Hermanos, S.A. vs. Director of Patents, 94 Phil. 136, 139
application will most likely be granted because: (1 point)
It consists of her name and she presumably has consented to the use
thereof.
12. Copyright in a work of architecture shall include the right to

control the erection of any building which reproduces the whole or a
substantial part of the work either in its original form or in any
form recognizably derived from the original. However,
(1 point)
The copyright in any such work shall not include the right to
control the reconstruction or rehabilitation in the same style as
the original of a building to which the copyright relates.
13. By originality is meant that the material was not copied, and
evidences at least minimal creativity; that it was independently
created by the author and that it possesses at least same minimal
degree of creativity. Originality is a requirement of (1 point)
Copyright protection
14. Which does not belong? The following shall be excluded from patent
protection:
(1 point)
15. The IP Code is (1 point)
Rep Act No 8293
16. Under the IP Code, the First-to-File Rule has been adopted for
copyrightable works, trademarks and patents. (1 point)
False. Copyright accrues from the moment of creation.
17. Any visible sign capable of distinguishing goods or services

(service mark) of an enterprise and shall include a stamped or
marked container of goods would be a: (1 point)
Trademark
18. The following is part of prior art: (1 point)

Everything which has been made available to the public anywhere in
the world, before the filing date or the priority date of the
application claiming the invention.
19. The private reproduction of a published work in a single copy, where

the reproduction is made by a natural person exclusively for
research and private study, shall be permitted, without the
authorization of the owner of copyright in the work, EXCEPT IN THE
FOLLOWING CASES: Choose ALL correct answers. (1 point)
A work of architecture in form of building or other construction
An entire book, or a substantial part thereof, or of a musical work

in which graphics form by reprographic means;
20. The Dominancy Test, applied in determining confusing similarity in

trademarks, means: (1 point)
If the competing trademark contains the main or essential or

dominant features of another, and confusion and deception is likely
to result, infringement takes place. Duplication or imitation is not
necessary; nor is it necessary that the infringing label should
suggest an effort to imitate.
21. The publisher of a book, in addition to the right to publish, shall

have a copyright consisting merely of the right of: (1 point)
reproduction of the typographical arrangement of the published
edition of the work
22. Notwithstanding the provisions of Subsection 177.1, any library or

(1 point)
limited
23. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF
respondents., [G.R. No. 110318. August 28, 1996.], it was held that
It is evidently incorrect to suggest, as the ruling in 20th Century
Fox may appear to do, that in copyright infringement cases, the
presentation of master tapes of the copyrighted films is always
necessary to meet the requirement of probable cause and that, in the
absence thereof, there can be no finding of probable cause for the
issuance of a search warrant. Xxx The foregoing statement was made
because: (1 point)
None of the above.
(1 point)

25. The term of protection for performances not incorporated in

recordings is: (1 point)
Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34.
Coca-Cola Company will probably oppose the application upon the
ground that:
(1 point)

translation of a mark considered well-known, which is registered in
the Philippines with respect to goods or services which are not
similar to those with respect to which registration is applied for.
27. While visiting Makati City in July, 2006, Anthony Pascual was able
(1 point)
(a) and (b)
28. How may the rights in a mark be acquired ? (1 point)
29. When may a mark that is identical with, or confusingly similar to,
or constitutes a translation of a mark considered well-known in
Section 123.1, par. e, which is registered in the Philippines, be
registrable? (1 point)
Never registrable
Classes 05 06 08 09 11 14 16 18 20 21 24 25 26 27 28 32 34. The
application will most likely be denied because: (1 point)
None of the above.
31. HOW MAY AN AFFIDAVIT EVIDENCE HELP A COPYRIGHT OWNER IN AN ACTION

FOR INFRINGEMENT? (1 point)
None of the above.
32. The term of protection for Broadcasts is: (1 point)
33. What is a Trademark? (1 point)

Any visible sign capable of distinguishing the goods or services of
an enterprise and shall include a stamped or marked container of goods.
36. A utility model registration shall expire, without any possibility

of renewal, at the end of the year after the date of the filing of
the application.
(1 point)
37. Levin Okoda, principal architect of Manresa and Associates, was

engaged by San Miguel Industries to prepare the architectural plans
of the latters proposed home office in Ortigas Center. Roben
Ysmael, CEO of San Miguel, liked the plans so much and, without
batting an eyelash, paid the professional fees being collected by
Okoda of Manresa. Subsequently, Roben engaged the services of his
cum padre, Regis Legum, who owns a competing architectural firm, for
the construction of the building based on the plans. When Okoda
learned about this development, he called Roben to offer his
services to undertake the construction. Roben refused. Okoda now
consults you and asks what he can do in the premises. Your advice
shall be:
(1 point)
Advise Okoda that he has the right to control the erection of any
building which reproduces the whole or a substantial part of the
work either in its original form or in any form recognizably derived
from the original.
38. An invention refers to any technical solution of a problem in any

field of human activity which is new, involves inventive step and is
industrially applicable. It may be, or may relate to:
(1 point)
A product, or process, or an improvement of any of the foregoing.

respondents, When the language of its claims is clear and distinct,
the patentee is bound thereby and may not claim anything beyond
them. And so are the courts bound which may not add to or detract
from the claims matters not expressed or necessarily implied, nor
may they enlarge the patent beyond the scope of that which the
inventor claimed and the patent office allowed, even if the patentee
may have been entitled to something more than the words it had
chosen would include.
The foregoing serves to emphasize that, in patent infringement

cases, (1 point)

40. Suggestive marks suggest a quality or characteristic of the goods

and services. The following are samples of suggestive marks: (1 point)
41. Jessie holds a copyright registration for a Utility Model, Leaf

described as

materials.
A and B
42. A layout-design shall be considered original if it is the result of

its creator's own intellectual effort and is not commonplace among
creators of layout-designs and manufacturers of integrated circuits
at the time of its creation.
(1 point)
true
43. Copyrightable works are protected (1 point)
from the moment of creation

EXCEPT: (1 point)

invention.
45. Article 6bis of the Paris Convention provides:

or similar goods.
The objective of this provision is (1 point)
To protect well-known marks.
46. Which does not belong to the group? (1 point)

Micro-organisms and non-biological and microbiological processes.
47. Probable cause has been uniformly defined as such facts and
circumstances which would lead a reasonable, discreet and prudent
man to believe that an offense has been committed, and that the
objects sought in connection with the offense are in the place
sought to be searched.

(1 point)
Must adhere to the requirement that "no less than personal
knowledge by the complainant or his witnesses of the facts upon
which the issuance of a search warrant may be justified" in order to
convince the judge, not the individual making the affidavit and
seeking the issuance of the warrant, of the existence of a probable
cause.
48. The principle of unity of invention requires that an application

for patent shall relate to one invention only or to a group of
inventions forming a single general inventive concept. Hence, the
Director may require that the application be restricted to a single
invention in the following case/s:
(1 point)
A and C
49.
50. Pia Bautista, as the vocalist of a band, plans to perform five

original songs composed by Alex Pormento during a concert at the UP
Theater for the benefit of the Philippine Red Cross. These songs
were never recorded, publicly played or performed before by anyone,
anywhere. What should Pia do to ensure that she commits no copyright
violation?
(1 point)
None of the above.
51. A three-dimensional disposition, however expressed, of the elements,

at least one of which is an active element, and of some or all of
the interconnections of an integrated circuit, or such a
three-dimensional disposition prepared for an IC intended for
manufacture is a
(1 point)
Lay-out Design
Felix Pormento, a neo-scientist, has been granted a filing date of
July 5, 2007. It was published on February 20, 2010. It was
subsequently granted, after substantive examination, a patent. Said
grant was published in the IPO Gazette on July 5, 2013. Pormento
learned that Ramon Claveria made, produced, offered for sale and
sold a drug similar to Buntigon in or about November 2010. As of
October 23, 2013, (1 point)
Pormento can file a patent infringement case because the infringing

acts occurred in November, 2010.
53. When filing a patent application, the disclosure will not be legally
compliant unless:
(1 point)
The application shall disclose the invention in a manner
sufficiently clear and complete for it to be carried out by a person
skilled in the art.
54. In the Ongpin Memorandum, cited by the Supreme Court in Mirpuri v

CA, the Minister of Trade and Industry did enumerated well-known
trademarks and also laid down guidelines for the Director of Patents
to observe in determining whether a trademark is entitled to
protection as a well-known mark in the Philippines under Article
6bis of the Paris Convention. (1 point)
False
55. In Abercrombie & Fitch Co. v. Hunting World, Inc., a classification

afforded immediate protection. (1 point)
None of the above.
56. In PEARL & DEAN (PHIL.), INC., vs. SHOEMART, INCORPORATED, G.R. No.
Baker vs. Selden:
xxx
xxx
This means that: (1 point)

(http://www.marketmanila.com/) does not violate copyright.
57. In the case of work created by an employee during and in the course
of his employment, ownership of copyright shall be determined based on:
(1 point)
Whether or not the creation of the object of copyright is part of

his regular duties.
58. The term of protection for audio-visual works including those
produced by process analogous to photography or any process for
making audio-visual recordings is: (1 point)
Fifty (50) years from date of publication and, if unpublished, from

the date of making.
59. Literary and artistic works, hereinafter referred to as "works", are

original intellectual creations in the literary and artistic domain
protected from the moment of their creation. Which among the
following properties does not belong? (1 point)
Leah Salonga's rendition of "Can We Just Stop and Talk a While?"
60. Patents to protect inventions; and industrial designs, which are

aesthetic creations determining the appearance of industrial
products, as well as trademarks, service marks, layout-designs of
integrated circuits, commercial names and designations, geographical
(1 point)
Industrial property
61. What is a patent? (1 point)
A grant issued by the Philippine Government giving an inventor the

right to exclude others from making, using or selling his invention
within the Philippines in exchange for his patentable information or
disclosure (Quid Pro Quo).
62. An application for patent filed by any person who has previously
applied for the same invention in another country which, by treaty,
convention, or law affords similar privileges to Filipino citizens,
shall be considered as filed as of the date of filing the foreign
application, subject to certain conditions. This is called:
(1 point)
Right of Priority
63. If Albert Einstein discovered the Theory of Relativity yesterday, he

would still not be able to patent the same under the IP Code because
(1 point)
None of the above.
64. Kyle So entered into a contract with Rose Publishing for writing a
series of articles on The Procreation of Bees. For the project,
Kyle was paid a down payment of P500,000.00, with the balance of
P250,000.00 payable upon his submission of the last article not
later than ten months later. Subsequently, Kyle met a girl, Kyota
Shu, with whom he fell madly in love. He could not eat; he could not
work. He was useless. Alas, see what unrequited love can do! The
ten-month period elapsed and Kyle failed to submit even one of his
articles, though he had actually written two. Rose Publishing is
furious and approaches you. (1 point)
You advise Rose Publishing to file an action for damages only due
to breach of contract because he cannot be compelled to write his
articles or publish them.
65. Dillman Publishing Company commissioned Braille experts to

transcribe popular novels, like the Twilight, Harry Potter
and
Lord of the Ring series, into Braille. It made sure that the
respective authors were properly informed of the project and cited
in the finished products. Believing that the project was
ahead-of-its-time, Dillman Publishing intended to the the books at
a premium. Would it be violating any copyright? (1 point)
Yes. Dillman Publishing sold and distributed the Braille-formatted

books for profit.

Memoirs to the latter. After Senor Lauro was buried, Lolita hired
you as counsel and sought your legal advice on the feasibility of
demanding from Garbage Publications the royalties owing to Senor
Lauro, since Lolita is now the owner of the Memoirs. You will advise
Lolita that:
(1 point)
She has no legal right to collect because the mere ownership of the
Memoirs does not mean that she owns the copyright to the Memoirs.
67. Gregory Moreland is a US citizen who has been a Philippine resident

for the last twenty years. By profession, he is an Engineer, but
like a little boy, he never ceases to tinker with gadgets and always
dreams of providing the world with the cheapest solutions to human
problems. One day, he applied with the IPO for a patent for his
invention, a head gear, which allows the wearer to listen to the
thoughts of persons within five meters away. The Patent Examiner, on
examination, ruled that the invention is NOT patentable because it
is not new. An new invention, to be patentable (1 point)
must not be part of prior art
68. An invention qualifies for registration as a utility model if it is

new and involves an inventive step.
(1 point)
False. Inventive step is not necessary.
69. Copyright itself does not depend on official procedures. A created

any formalities in the countries party to that Convention. (1 point)
True. Thus, WIPO does not offer any kind of copyright registration
system.
70. In SOCIETE DES PRODUITS NESTLE, S.A. and NESTLE PHILIPPINES, INC.,
petitioners, vs. COURT OF APPEALS and CFC CORPORATION, respondents.
[G.R. No. 112012. April 4, 2001], Societe Des Produits Nestle, S.A.,
and Nestle Philippines, Inc. opposed CFCs application for trademark
FLAVOR MASTER claiming that the said trademark is "confusingly
similar to its trademarks for coffee and coffee extracts, to wit:
MASTER ROAST and MASTER BLEND." This issue was resolved by the Court
by using: (1 point)
The dominancy test
71. The Convention of Paris for the Protection of Industrial Property,

the same time aims to repress unfair competition. This is achieved
by: (1 point)
Giving the same treatment to each of the member countries. as that
country makes available to citizens of other countrues
False
73. Joy Personal Products, Inc. manufactures and distributes toothpaste

in tubes under the trademark Calgary Fresh. Colgate Palmolive has
sought your opinion on whether Joy Personal Products Inc. is
committing unfair competition because, among other matters, it is
also using plastic tubes in the marketing of its toothpaste
products. You advise Colgate that the use of plastic tubes cannot
per se be a ground to impute unfair competition because: (1 point)

first to use the steinie bottle does not give SMC a vested right to
use it to the exclusion of everyone else. Being of functional or
common use, and not the exclusive invention of any one, it is
available to all who might need to use it within the industry.
Nobody can acquire any exclusive right to market articles supplying
simple human needs in containers or wrappers of the general form,
size and character commonly and immediately used in marketing such
articles xxx.
74. Under the IP Code, the term "intellectual property rights" consists
of the following. CHOOSE ALL CORRECT ANSWERS. (1 point)
Geographic Indications
Industrial Designs
Layout-Designs of Integrated Circuits
Patents
Trademarks and Service Marks
Undisclosed Information
Copyright and Related Rights
75. An invention qualifies for registration as a utility model if it is

new and involves an inventive step.
(1 point)
76. In the case of a divisional application, a later application filed

for an invention divided out shall be considered as having been
filed on the same day as the first application if the later
application is filed within the period allowed, or as may be granted
and each divisional application shall not go beyond the disclosure
in the initial application. (1 point)
False
77. The mark "Cosmopolite", as used for canned tuna, is: (1 point)

being sold.
78. The registration for a period of ten (10) years, without renewal,
counted from the date of commencement of the protection accorded
thereto, applies to:
(1 point)
lay-out designs
79. A trademark application which consists of the words See Me, Feel
application will most likely be rejected because it: (1 point)

80. Considering that dramatizations, translations, adaptations,

abridgments, arrangements, and other alterations of literary or
artistic works are protected as a new works, the consent of the
author or creator of these underlying works need no longer be
secured. (1 point)
False
81. Collections of literary, scholarly or artistic works, and

compilations of data and other materials may be considered as new
works if they are original by reason of the * of their contents.
Choose ALL correct answers. (1 point)
coordination
arrangement
selection
82. The following provision normally appears in license agreements
whereby rights over certain musical compositions are licensed to
another for use by the latter:
It is hereby agreed and understood that the authority herein granted

to PRODUCER is restrictive and covers only such license as
stipulated in the preceding section. It is expressly stipulated that
the first and original telecast of the Television Series shall be
completed no later than the end of the Licensed Period. The license
herein granted does not include any rights for any other production
and/or soundtrack production and/or reproduction in video compact
disc, VHS, MP3 and DVD format, mobile phone and internet services,
value-added or otherwise, including any other wireless services such
as SMS & MMS, music television (MTV), ballet show(s), segment
show(s) and audio, opening number(s), production number(s) and/or
other related presentation(s) and the like in any theater(s) and/or
television show(s).
The legal basis for this provision is: (1 point)

to carry out, authorize or prevent the acts of making derivative
works, public performance of the work; and other communication to
the public of the work.
83. The requirements of registrability of utility models are the

following, EXCEPT:
(1 point)
original
(1 point)
Being of functional or common use, and not the exclusive invention

of any one, it is available to all who might need to use it within
the industry.
85. In ABS-CBN BROADCASTING CORPORATION, Petitioner, versus PHILIPPINE

MULTI-MEDIA SYSTEM, INC., et al., Respondents., G.R. No. 175769-70,
2009 Jan 19, 3rd Division, it was held that Copyright is not
absolute. It means that:
(1 point)
Intellectual property protection is merely a means towards the end
of making society benefit from the creation of its men and women of
talent and genius. This is the essence of intellectual property
laws, and it explains why certain products of ingenuity that are
concealed from the public are outside the pale of protection
afforded by the law.
87. The patent examiner, considering an application for patent involving

a gadget that will enable the user to see through human flesh failed
to consider that said application for patent related to a group of
inventions that did not form a single general inventive concept.
Eventually, a letters patent was granted. After discovering the
lapse, the Director decided to order the cancellation of the patent.
(1 point)
He is legally correct because the patent has been granted on an

application that did not comply with the requirement of unity of
invention.
88. Original ornamental designs or models for articles of manufacture

and other works of applied art are copyrightable. However, they may
also be registered as industrial designs under the law on patents
if: (1 point)
The design gives a special appearance to and can serve as pattern

for an industrial product or handicraft.
89. A trademark application which consists of the word Mike and the
will most likely be rejected because it: (1 point)
None of the above.
90. In EMERALD GARMENT MANUFACTURING CORPORATION vs. COURT OF APPEALS,

G.R. No. 100098. December 29, 1995, the holistic approach was used
by the Court to determine confusing similarity between the competing
trademarks, thereby holding that LEE was not confusingly similar
with STYLISTIC MR. LEE. The holistic approach meant, essentially
(1 point)
In determining whether the trademarks are confusingly similar, a


composition or an improvement of any of the foregoing, would be a:
(1 point)
Invention

uses.
The reason for the failure of Khos case was: (1 point)

93. Copyright shall consist of the exclusive right to carry out,

authorize or prevent public performance of a work. However, the
recitation or performance of a work, once it has been lawfully made
accessible to the public, if done privately and free of charge or if
made strictly for a charitable or religious institution or society,
will not constitute infringement. (1 point)
Copyright allows some monopoly subject to some limitations provided

by law.

(1 point)
False
95. Copyright, in the strict sense of the term, is purely a statutory
right. It is a new or independent right granted by the statute, and
not simply a pre-existing right regulated by the statute. Being a
statutory grant, the rights are only such as the statute confers,
and may be obtained and enjoyed only with respect to the subjects
and by the persons, and on terms and conditions specified in the
statute.
Since . . . copyright in published works is purely a statutory

creation, a copyright may be obtained only for a work falling within
the statutory enumeration or description.
The foregoing was cited by the Supreme Court in Joaquin versus

Drilon, G.R. No. 108946. January 28, 1999, to arrive at the
conclusion that the format or mechanics of a television show is not
included in the list of protected works xxx. The legal basis is
(1 point)
Notwithstanding the provisions of Sections 172 and 173, no
protection shall extend, under this law, to any idea, procedure,
system method or operation, concept, principle, discovery or mere
data as such, even if they are expressed, explained, illustrated or
embodied in a work; news of the day and other miscellaneous facts
having the character of mere items of press information; or any
official text of a legislative, administrative or legal nature, as
well as any official translation thereof.
96. A technical solution of a problem in any field of human activity, to

be patentable, must be, among other traits:
(1 point)
novel
98. Section 123.3. of the IP Code provides that The nature of the goods
to which the mark is applied will not constitute an obstacle to
registration. (Sec. 4, R. A. No. 166a). This provision means that:
(1 point)
For purposes of registration, what the IPO examines is not the

product or service to which a mark is to be applied, but the mark
itself.
99. Only layout -designs of integrated circuits that are ____________
shall benefit from protection under the law
(1 point)
original
100. The registration of an industrial design shall be for a period of five

years from the filing date of the application, subject to renewal
for not more than consecutive periods of five (5) years each. (1 point)
1. The final decision of refusal of an application for trademark registration by the Director of
Trademarks shall be appealable to the:
Director General (correct answer, your response)

Court of Appeals
Regional Trial Court
Deputy Director General for Legal
2.
Points earned: 4 out of 4
2. A person who is a national or who is domiciled or has a real and effective industrial
establishment in a country which is a party to any convention, treaty or agreement relating to
intellectual property rights or the repression of unfair competition, to which the Philippines is
also a party, or extends reciprocal rights to nationals of the Philippines by law who acquires a
local registration based on a registration in his own country may sue for acts committed prior
to the date on which his mark was registered in this country.
True
False (correct answer, your response)
3.

3. No filing date shall be accorded until the required fee is paid.
True (correct answer, your response)

False
4.
4. Under the IP Code, no registration of a mark in the Philippines by a person who is a national or
who is domiciled or has a real and effective industrial establishment in a country which is a
party to any convention, treaty or agreement relating to intellectual property rights or the
repression of unfair competition, to which the Philippines is also a party, or extends reciprocal
rights to nationals of the Philippines by law, shall be granted until such mark has been used in
commerce in the country of origin of the applicant.
True (your response)

False
5.
5. A mark cannot be copyrighted if it consists of immoral, deceptive or scandalous matter, or
matter which may disparage or falsely suggest a connection with persons, living or dead,
institutions, beliefs, or national symbols, or bring them into contempt or

False
6.
6. The owner of a well-known mark that is not registered in the Philippines, may, against an
identical or confusingly similar mark, oppose its registration, or petition the cancellation of its
registration or sue for unfair competition, without prejudice to availing himself of other
remedies provided for under the law.

False
7.
7. A mark that consists of color alone may be registered if it is defined by a given form.

False
8.
8. The filing date of an application shall be the date on which the Office received the following
indications and elements in English or Filipino, except:
An express or implicit indication that the registration of a mark is sought;

The identity of the applicant;
Indications sufficient to contact the applicant or his representative, if any;
A reproduction of the mark whose registration is sought;
The list of the goods or services for which the registration is sought.
none (correct answer, your response)
9.
9. A mark that is contrary to public order or morality may still be registered because protection is
granted irrespective of the mode of expression, content or quality.
True
10.
10. A mark cannot be registered if it is identical with, or confusingly similar to, or constitutes a
translation of a mark considered well-known which is registered in the Philippines with respect
to goods or services which are only similar to those with respect to which registration is
applied for.
True
11.
11. The owner of a registered mark shall have the exclusive right to prevent all third parties not
having the owner's consent from using in the course of trade identical or similar signs or
containers for goods or services which are identical or similar to those in respect of which the
trademark is registered where such use would result in a likelihood of confusion, in all cases.
True
12.
12. Any person who believes that he would be damaged by the registration of a mark may, upon
payment of the required fee and within thirty (30) days after publication, file with the Office
an to the application.
Your response:
opposition
13. A certificate of registration of a mark shall be prima facie evidence of the following, save one:
validity of the registration

legal infirmity of confusingly similar marks. (correct answer, your response)
the registrants ownership of the mark,
the registrants exclusive right to use the same in connection with the goods or services

and those that are related thereto specified in the certificate.
14.
14. Registration of the mark shall not confer on the registered owner the right to preclude third
parties from using bona fide their names, addresses, pseudonyms, a geographical name, or
exact indications concerning the kind, quality, quantity, destination, value, place of origin, or
time of production or of supply, of their goods or services: Provided, That such use is confined
to the purposes of mere identification or information and cannot mislead the public as to the
source of the goods or services.

False
15.
15. Section 123.3 which provides that The nature of the goods to which the mark is applied will
not constitute an obstacle to registration means that when a mark is used on a product that
is immoral, deceptive or scandalous matter, said mark cannot be registered.
True
16.
16. Section 123.2, which provides that As regards signs or devices mentioned in paragraphs (j),
(k), and (l), nothing shall prevent the registration of any such sign or device which has
become distinctive in relation to the goods for which registration is requested as a result of the
use that have been made of it in commerce in the Philippines. The Office may accept as prima
facie evidence that the mark has become distinctive, as used in connection with the applicants
goods or services in commerce, proof of substantially exclusive and continuous use thereof by
the applicant in commerce in the Philippines for five (5) years before the date on which the
claim of distinctiveness is made defines the concept of:
secondary meaning (correct answer, your response)

holistic approach
dominant approach
doctrine of equivalents
none
17.
17. Where goods and/or services belonging to several classes of the Nice Classification have been
included in one (1) application, such an application shall result in _____ registration.
one (correct answer, your response)

two
multiple
omnibus
18.
18. The following mark is not generic:
it consists exclusively of signs that are generic for the goods or services that they seek to

identify;
it consists exclusively of signs or of indications that have become customary or usual to
designate the goods or services in everyday language or in bona fide and established trade
practice;
It is identical with, or confusingly similar to, or constitutes a translation of a mark
considered well-known which is registered in the Philippines with respect to goods or
services which are only similar to those with respect to which registration is applied for.
None. (your response)
19.
19. means any visible sign designated as such in the application for registration
and capable of distinguishing the origin or any other common characteristic, including the
quality of goods or services of different enterprises which use the sign under the control of it
registered.
The following answer is acceptable:

collective mark
Your response:
Collective mark
20. The following mark may not be registrable as it may not acquire a secondary meaning:
it consists exclusively of signs or of indications that may serve in trade to designate the
kind, quality, quantity, intended purpose, value, geographical origin, time or production of
the goods or rendering of the services, or other characteristics of the goods or services;
it consists of shapes that may be necessitated by technical factors or by the nature of the

goods themselves or factors that affect their intrinsic value;
it consists exclusively of signs or of indications that have become customary or usual to
designate the goods or services in everyday language or in bona fide and established trade
practice;
None. (your response)
21.
21. A mark cannot be registered if it consists of a name, portrait or signature identifying a
particular living individual except by his written consent, or the name, signature, or portrait of
a deceased President of the Philippines, during the life of his
True
False (your response)
22.
22. A mark that is identical with a registered mark belonging to a different proprietor or a mark
with an earlier filing or priority date, in respect of (i) The same goods or services, or (ii)
Closely related goods or services, or (iii) If it nearly resembles such a mark as to be likely to
deceive or cause .
confusion
Your response:
confusion
23. Section 124.2 provides that The applicant or the registrant shall file a declaration of actual
use of the mark with evidence to that effect, as prescribed by the Regulations
within years from the filing date of the application. Otherwise, the application
shall be refused or the mark shall be removed from the Register by the Director.
The following answers are acceptable:

three
3
24.
Your response:
three
24. The IPO shall shall issue the certificate of registration upon the happening of all, save one, the
following events:
when the period for filing the opposition has expired

when the Director of Legal Affairs shall have denied the opposition,if any.
upon payment of the required fee.
upon publication in the IPO Gazette. (correct answer, your response)
25.

25. Goods or services may not be considered as being similar or dissimilar to each other on the
ground that, in any registration or publication by the Office, they appear in different classes of
the Nice Classification.

False
26.
26. To protect trademark owners, the law provides that there shall be infringement of trademarks
or tradenames of imported or sold patented drugs and medicines allowed, as well as imported
or sold off-patent drugs and medicines: even if said drugs and medicines bear the registered
marks that have not been tampered, unlawfully modified, or infringed upon, as defined in the
law.
True
27.
27. An application for registration of a mark filed in the Philippines by a person who is a national
or who is domiciled or has a real and effective industrial establishment in a country which is a
party to any convention, treaty or agreement relating to intellectual property rights or the
repression of unfair competition, to which the Philippines is also a party, or extends reciprocal
rights to nationals of the Philippines by law, and who previously duly filed an application for
registration of the same mark in one of those countries, shall be considered as filed as of the
day the application was first filed in the
foreign country. This provision describes: (your response)

Parity rights
Parental rights
priority rights
peremptory rights
28.
28. The exclusive right of the owner of a well-known mark defined in Subsection 123.1(e) which is
registered in the Philippines, shall not extend to goods and services which are not similar to
those in respect of which the mark is registered: Provided, That use of that mark in relation to
those goods or services would indicate a connection between those goods or services and the
owner of the registered mark: Provided, further, That the interests of the owner of the
registered mark are likely to be damaged by such use. (
True
False
29.
29. In case of the use of an identical sign for identical goods or services, a likelihood of confusion
shall be proved.
True
False
30.
30. The Office may allow or require the applicant to an unregistrable component of
an otherwise registrable mark. However, such disclaimer shall not prejudice or affect the
applicants or owners rights then existing or thereafter arising in the disclaimed matter, nor
such shall disclaimer prejudice or affect the applicants or owners right on another application
of later date if the disclaimed matter became distinctive of the applicants or owners goods,
business or services.
Your response:
blank answer
1. Lawrence Lessig has described the Internet, thus,For the holder of copyright, cyberspace
appears to be the worst of both worlds a place where the ability to copy could not be better,
and where the protection of the law could not be worse. (Lawrence Lessig, Code and Other
Laws of Cyberspace). This means that:
There is little or no sanction for unauthorized copying; technology has provided the facility

to copy like never before. (correct answer, your response)
There is sufficient sanction for unauthorized copying; technology has provided adequate

measures to prevent copying.
There is little or no sanction for unauthorized technology; copying has provided the

opportunity to poor countries for learning.
None of the above.
2.
2. The recordal system of registration in the Copyright Office is different from the Trademark
system of registration in that
In the Trademark Register, the issuance of registration is ministerial upon submission of an

application that is complete in form and substance. (your response)
The National Library undertakes a procedure to verify the veracity of the claim of

authorship by a registrant with respect to a copyrightable work.
In the Trademark Register, there is a substantive examination conducted to determine the

registrability of copyrightable works.
None of the above.
3.
3. Copy control measures seek to control the use of protected content once users have access
to the work. Examples are: serial copy management systems for audio digital taping
devices, and scrambling systems for DVDs that prevent third parties from reproducing content
without authorization.

False
4.
4. What is an affidavit evidence?
Your response:
an affidavit made before a notary public by or on behalf of the owner of the copyright in any
work or other subject matter and stating that:
a. At the time specified therein, copyright subsisted in the work or other subject matter;
b. He or the person named therein is the owner of the copyright; and
c. the copy of the work or other subject matter annexed thereto is a true copy thereof.
"The affidavit shall be admitted in evidence in any proceedings under this Chapter and shall be
prima facie proof of the matters therein stated until the contrary is proved, and the court
before which such affidavit is produced shall assume that the affidavit was made by or on
behalf of the owner of the copyright

Points earned: 0 out of 1 (Instructor review pending)
5. The U. S. Supreme Court in the Sony v. Universal Case, 464 U.S. 417 (1984), declared that
the monopoly granted to authors of copyrightable works to enjoy the fruits of their labor is
neither unlimited nor primarily designed to provide a special private benefit. It is understood
to be a means to an end.
True. Public access to works is a means to protect special private benefit.

True. Special private benefit is a means to ensure and promote a public interest. (correct

False. Special private benefit is a means to ensure and promote a public interest.
False. Public access to works is a means to protect special private benefit.
6.
6. Under the IP Code, the First-to-File Rule has been adopted for copyrightable works,
trademarks and patents.
True. If two (2) or more persons have made the invention separately and independently of
each other, the right to the patent shall belong to the person who filed an application for

such invention, or where two or more applications are filed for the same invention, to the
applicant who has the earliest filing date or, the earliest priority date.
False. An application for registration of a mark filed in the Philippines by a person referred
to in Section 3 of the IP Code, and who previously duly filed an application for registration

of the same mark in one of those countries, shall be considered as filed as of the day the
application was first filed in the foreign country.
False. Copyright accrues from the moment of creation. (correct answer, your response)
True. The use of the mark in a form different from the form in which it is registered, which
does not alter its distinctive character, shall not be ground for cancellation or removal of
the mark and shall not diminish the protection granted to the mark.
7.
7. Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he bequeathed his
Memoirs, consisting of one thousand hand-written pages, recounting his adventures of a
lifetime to his mistress, Lolita. However, during his heyday, he entered into a Publication
Agreement with Garbage Publications whereby, during his lifetime and ten years after his
death, he assigned all his rights to his Memoirs to the latter. Lolita decided to sell the
manuscript to a secret collector for US$10,000,000.00 in a much-publicized transaction.
Ramon, an estranged son of Senor Lauro, heard about it. He wrote Lolita a demand letter
asking for half of the gross proceeds of the sale. Lolita approached you for advice.
Lolita is obligated to share with Ramon the gross proceeds of the sale to the extent of 50%

because Ramon was an only son.
Lolita is not obligated to share with Ramon any amount because the Memoirs was hers

alone.
Ramon is entitled to 5% of the gross proceeds as an heir. (correct answer, your response)
Ramon is not entitled to any share having been estranged from his father.
None of these.
8.
8. Under Section 216.1 (b) of the IP Code, if the copyright owner (or proprietor of related rights)
decides not to prove his damages and profits,
he losses the right to be able to recover damages;

he may opt to recover statutory damages before final judgment (correct answer, your

response)
There is little or no sanction for unauthorized copying as technology has provided the

facility to copy like never before.
He may opt to avail of administrative remedies.
9.
9. In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL MERCHANDISING
and COMPANY, and ANG TIAM CRAY, G.R. No. 115758. March 19, 2002, petitioner who had
copyright over Chin Chun Su and Oval Facial Cream Container/Case (Certificates of Copyright
Registration No. 0-1358 and No. 0-3678) and patent rights on Chin Chun Su & Device and
Chin Chun Su for medicated cream (Registration Certificate No. 4529 under the Supplemental
Register of the Philippine Patent Office) failed to secure an injunction against persons who
advertised and sold petitioner's cream products under the brand name Chin Chun Su, in
similar containers that petitioner uses.

Trademark rights are acquired through registration. (correct answer, your response)
The copyright of the treatise does not give to the author the exclusive right to the art or

manufacture described in his work.
The background and training of the contending authors were rejected by the Supreme

Court as sufficient explanation or justification for the similarities in the two works.
None of the above.
10.
10. According to WIPO, Intellectual property is usually divided into two branches. Choose ALL
correct answers.
Industrial property (correct answer, your response)

Copyright and related rights (correct answer, your response)
Trademarks
Inventions
Pharmaceuticals
utility models
11.
11. Rights Management Information, as defined in Article 12 (2) of the WCT and Article 19 (2) of
the WPPT, are:
items of information that are attached to a copy of a work, fixed performance or

phonogram or which appear in connection with the communication thereof to the public.
Such information may identify the work and its author, or the performance and its

performer, the phonogram and its producer, the owner of any right in the performance or
phonogram, or information about the terms and conditions of use of the work,
performance or phonogram, and any numbers or codes that represent such information.
serial copy management systems for audio digital taping devices, and scrambling systems

for DVDs that prevent third parties from reproducing content without authorization.
an electronic or similar device having information-processing capabilities, and a sets of
instructions expressed in words, codes, schemes or in any other form, which is capable

when incorporated in a medium that the computer can read, or causing the computer to
perform or achieve a particular task or result; (your response)
works, which, with the consent of the authors, are made available to the public by wire or
wireless means in such a way that members of the public may access these works from a
place and time individually chosen by them.
works created by an officer or employee of the Philippine Government or any of its

subdivisions and instrumentalities, including government-owned or controlled corporations
as part of his regularly prescribed official duties.
12.
12. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF APPEALS, SUNSHINE HOME
VIDEO, INC. and DANILO A. PELINDARIO, respondents., [G.R. No. 110318. August 28, 1996.],
it was held that It is evidently incorrect to suggest, as the ruling in 20th Century Fox may
appear to do, that in copyright infringement cases, the presentation of master tapes of the
copyrighted films is always necessary to meet the requirement of probable cause and that, in
the absence thereof, there can be no finding of probable cause for the issuance of a search
warrant. Xxx The foregoing statement was made because:
The obtainment of a license prescribed by Section 125 of the Corporation Code is not a
condition precedent to the maintenance of any kind of action in Philippine courts by foreign
corporation.
The word 'perform' as used in the Act has been applied to "One who plays a musical
composition on a piano, thereby producing in the air sound waves which are heard as
music . . . and if the instrument he plays on is a piano plus a broadcasting apparatus, so

that waves are thrown out, not only upon the air, but upon the other, then also he is
performing the musical composition." (Buck, et al. v. Duncan, et al.; Same v. Jewell-La
Salle Realty Co., 32F. 2d. Series 367). (your response)
To be able to effectively and legally preclude others from copying and profiting from the

invention, a patent is a primordial requirement.
None of the above.
13.
13. Under the IP Code, the term "intellectual property rights" consists of the following. CHOOSE
ALL CORRECT ANSWERS.
Copyright and Related Rights (correct answer, your response)

Trademarks and Service Marks (correct answer, your response)
Geographic Indications (correct answer, your response)
Industrial Designs (correct answer, your response)
Patents (correct answer, your response)
Layout-Designs of Integrated Circuits (correct answer, your response)
Undisclosed Information (correct answer, your response)
Fashion Designs
Commercial Properties
International conventions
Mechanical Lay-outs
Architectural plans
Inter-disciplinary Models
Service Manuals
Financial Indications
14.
14. Under Section 216.1 (b), in case the infringer was not aware and had no reason to believe
that his acts constitute an infringement of copyright, the court, in its discretion, may reduce
the award of statutory damages to a sum of not more than Ten Thousand Pesos
(Php10,000.00), even when the infringer circumvents effective technological measures.
True
15.
15. Patents to protect inventions; and industrial designs, which are aesthetic creations
determining the appearance of industrial products, as well as trademarks, service marks,
layout-designs of integrated circuits, commercial names and designations, geographical
Industrial property (correct answer, your response)

Lay-out designs of integrated circuits
Pharmaceuticals
Commercial Property
16.
16. The term of protection for works of applied art is:
Lifetime of the author, plus fifty (50) years after his death.
Twenty-five (25) years from the date of making. (correct answer, your response)
Fifty (50) years from date of publication and, if unpublished, from the date of making.
None of the above.
17.
(Php10,000.00), except when the infringer, having reasonable grounds to know that it will
induce, enable, facilitate or conceal the infringement, remove or alter any electronic rights
management information from a copy of a work, sound recording, or fixation of a
performance, or distribute, import for distribution, broadcast, or communicate to the public
works or copies of works without authority, knowing that electronic rights management
information has been removed or altered without authority. In such a case, the award of
damages shall be:
double the reduced statutory damages;

double the statutory damages provided in case of infringement, absent any good faith;

(your response)
triple the reduced statutory damages;
triple the statutory damages provided in case of infringement, absent any good faith;
18.
18. Under the amended Section 217.2, it is provided that the medium penalties stated in Section
217.1 (a), (b) and (c) shall be imposed when the infringement is committed by the removal or
alteration of any electronic rights management information from a copy of a work, sound
recording, or fixation of a performance, by a person, knowingly and without authority.
True
19.

19. Notwithstanding the provisions of Subsection 177.1, any library or archive whose activities are
not for profit may, without the authorization of the author or copyright owner, make a
___________ number of copies of the work, as may be necessary for such institutions to fulfill
their mandate, by reprographic reproduction:
limited (correct answer, your response)

multiple
one
two
unlimited
20.
20. In 1841, Thomas Babington MacCaulay, in a speech delivered on the floor of the House of
Commons, declared:
"It is good that authors should be remunerated; and the least exceptionable way of
remunerating them is by a monopoly. Yet monopoly is an evil. For the sake of the good we
must submit to the evil; but the evil ought not to last a day longer than is necessary for the
purpose of securing the good."
MacCaulay is justifying the grant of monopoly to authors. (correct answer, your response)
MacCaulay is condemning authors for espousing monopoly.
MacCaulay believes that evil cannot be justified under any circumstance.
MacCaulay is taking exception from or disagrees with the proposition that authors must be

remunerated.
21.
21. The term WIPO Internet Treaties is used to refer to the WIPO Copyright Treaty and the
WIPO Performances and Phonograms Treaty, to address issues emerging out of the digital
environment and to provide protection to domain name disputes and conflicts in the Internet.
True
22.
22. Copyright shall consist of the exclusive right to carry out, authorize or prevent public
performance of a work. However, the recitation or performance of a work, once it has been
lawfully made accessible to the public, if done privately and free of charge or if made strictly
for a charitable or religious institution or society, will not constitute infringement.
These two statements are inconsistent and conflict with one another.
Copyright allows some monopoly subject to some limitations provided by law. (correct

Copyright subsists from the moment of creation; hence, no formal acts need be done to

enjoy legal protection.
Copyright subsists from the moment of creation; nevertheless, registration is required to

enjoy legal protection.
23.
23. Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he bequeathed his
Memoirs, consisting of one thousand hand-written pages, recounting his adventures of a
lifetime to his mistress, Lolita. However, during his heyday, he entered into a Publication
Agreement with Garbage Publications whereby, during his lifetime and ten years after his
death, he assigned all his rights to his Memoirs to the latter. After Senor Lauro was buried,
Lolita hired you as counsel and sought your legal advice on the feasibility of demanding from
Garbage Publications the royalties owing to Senor Lauro, since Lolita is now the owner of the
Memoirs. You will advise Lolita that:
She has every legal right to collect from Garbage Publications because she owns the

Memoirs.
She has no legal right to collect because the mere ownership of the Memoirs does not

mean that she owns the copyright to the Memoirs. (correct answer, your response)
She has the legal right to be declared by a court of law as the owner copyright over the

Memoirs.
None of these.
24.
24. In Elidad Kho versus CA, the Supreme Court said that For some reason or another, petitioner
never secured a patent for the light boxes. It therefore acquired no patent rights which could
have protected its invention, if in fact it really was. And because it had no patent, petitioner
could not legally prevent anyone from manufacturing or commercially using the contraption.

False
25.
25. Copyright itself does not depend on official procedures. A created work is considered protected
by copyright as soon as it exists. According to the Berne Convention for the Protection of
Literary and Artistic Works, literary and artistic works are protected without any formalities in
the countries party to that Convention.
True. Thus, WIPO does not offer any kind of copyright registration system. (correct

False. Thus, WIPO offers a system of International Trademark Registration.
False.Thus, WIPO offers a system of International Copyright Registration.
True.Thus, WIPO does not support a system of International Trademark Registration.
26.
26. In the case of a work-commissioned by a person other than an employer of the author and
who pays for it and the work is made in pursuance of the commission, the person who so
commissioned the work shall have ownership of work, but the copyright thereto shall remain
with the creator, unless there is a written stipulation to the contrary.

False
27.
27. Peter Fowler secured a copyright over his drawing of an advertising display stand under the
classification class"O" work, which covers prints, pictorial illustrations, advertising copies,
labels, tags, and box wraps. This being so, Peter's copyright protection extended only to the
technical drawings and not to the stand itself because the latter was not at all in the category
of "prints, pictorial illustrations, advertising copies, labels, tags and box wraps." Stated
otherwise, even as Peter indeed owned a valid copyright, the same could have referred only to
the technical drawings within the category of "pictorial illustrations." It also have possibly
stretched out to include the underlying advertising stand.
True
28.
28. Lawrence Lessig has described the Internet, thus,For the holder of copyright, cyberspace
appears to be the worst of both worlds a place where the ability to copy could not be better,
and where the protection of the law could not be worse. (Lawrence Lessig, Code and Other
Laws of Cyberspace). This means that:
There is little or no sanction for unauthorized copying; technology has provided the facility

to copy like never before. (correct answer, your response)
There is sufficient sanction for unauthorized copying; technology has provided adequate

measures to prevent copying.

None of the above.
29.
29. Moral rights pertain to

Paternity and Filiation
Accountability and Integrity
Attribution and integrity (correct answer, your response)
Retribution and Punishment
All of the above.
30.
30. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including
limited number of copies for classroom use, scholarship, research, and similar purposes is not
an infringement of copyright. , which is understood here to be the reproduction
of the code and translation of the forms of a computer program to achieve the inter-operability
of an independently created computer program with other programs may also constitute fair
use under the criteria established by this section, to the extent that such decompilation is
done for the purpose of obtaining the information necessary to achieve such inter-operability.
Decompilation
Your response:
decompilation
31. Jessie holds a copyright registration for a Utility Model, Leaf Spring Eye Bushing for
Automobile made up of plastic. It is described as
comprising a generally cylindrical body having a co-axial bore that is centrally located and
provided with a perpendicular flange on one of its ends and a cylindrical metal jacket
surrounding the peripheral walls of said body, with the bushing made of plastic that is either
polyvinyl chloride or polypropylene.[31] Likewise, the Vehicle Bearing Cushion is illustrated as

a bearing cushion comprising a generally semi-circular body having a central hole to secure a
conventional bearing and a plurality of ridges provided therefore, with said cushion bearing
being made of the same plastic materials.
Jennifer produced and distributed similar bushings. Jessie sued for copyright infringement. The
suit will not prosper because:
The bushings are not intellectual creations in the literary and artistic domain, or works of
applied art. They are certainly not ornamental designs or one having decorative quality or
value.
The bushings are useful articles which have an intrinsic utilitarian function that is not

merely to portray the appearance of the article or to convey information.
A and B (correct answer, your response)
None of these.
32.
32. Copy control measures seek to control the use of protected content once users have access
to the work. Examples are: serial copy management systems for audio digital taping
devices, and scrambling systems for DVDs that prevent third parties from reproducing content
without authorization.
True
33.
33. Examples of access control TPM include: cryptography, passwords, and digital signatures.
In short, these measures are deployed to ensure unlimited access to protected content to
users who are authorized to such access.
True
34.

34. Literary and artistic works, hereinafter referred to as "works", are original intellectual creations
in the literary and artistic domain protected from the moment of their creation. Which among
the following properties does not belong?
Dan Brown's Da Vinci Code

Classroom Lecture of Atty. Rodroguez, not reduced in writing
Inquirer Libre
Leah Salonga's rendition of "Can We Just Stop and Talk a While?" (correct answer, your

response)
None of these.
35.
35. Under Section 216.1 (b) of the IP Code, if the copyright owner (or proprietor of related rights)
decides not to prove his damages and profits,


response)

36.
36. Examples of access control TPM include: cryptography, passwords, and digital signatures.
In short, these measures are deployed to ensure unlimited access to protected content to
users who are authorized to such access.

False
37.
37. Probable cause has been uniformly defined as such facts and circumstances which would lead
a reasonable, discreet and prudent man to believe that an offense has been committed, and
that the objects sought in connection with the offense are in the place sought to be searched.
Requires the presentation of master tapes as enunciated in the case of 20TH CENTURY FOX
FILM CORPORATION, petitioner, vs. COURT OF APPEALS, EDUARDO M. BARRETO, RAUL
SAGULLO and FORTUNE LEDESMA, [G.R. Nos. L-76649-51. August 19, 1988.]
May be delegated to a Commissioner under the 1997 Rules of Civil procedure.
Must adhere to the requirement that "no less than personal knowledge by the complainant
or his witnesses of the facts upon which the issuance of a search warrant may be justified"
in order to convince the judge, not the individual making the affidavit and seeking the
issuance of the warrant, of the existence of a probable cause. (correct answer, your
response)
None of the above.
38.
38. The term of protection for audio-visual works including those produced by process analogous
to photography or any process for making audio-visual recordings is:

(correct answer, your response)
None of the above.
39.
it was held that It is evidently incorrect to suggest, as the ruling in 20th Century Fox may
appear to do, that in copyright infringement cases, the presentation of master tapes of the
copyrighted films is always necessary to meet the requirement of probable cause and that, in
the absence thereof, there can be no finding of probable cause for the issuance of a search
warrant. Xxx The foregoing statement was made because:

The obtainment of a license prescribed by Section 125 of the Corporation Code is not a
condition precedent to the maintenance of any kind of action in Philippine courts by foreign
corporation.
music . . . and if the instrument he plays on is a piano plus a broadcasting apparatus, so

that waves are thrown out, not only upon the air, but upon the other, then also he is
performing the musical composition." (Buck, et al. v. Duncan, et al.; Same v. Jewell-La
Salle Realty Co., 32F. 2d. Series 367).
To be able to effectively and legally preclude others from copying and profiting from the

invention, a patent is a primordial requirement.
None of the above. (correct answer, your response)
40.
40. The IP Code is
Rep Act No 8293 (correct answer, your response)

PD 49
Rep Act No 9239
Rep Act 100372
Rep Act No 10088
41.
the thrust of the ruling is to the effect that The essence of a copyright infringement is the
similarity or at least substantial similarity of the purported pirated works to the copyrighted
work. Hence, the applicant must present to the court the copyrighted films to compare them
with the purchased evidence of the video tapes allegedly pirated to determine whether the
latter is an unauthorized reproduction of the former. This linkage of the copyrighted films to
the pirated films must be established to satisfy the requirements of probable cause. Mere
allegations as to the existence of the copyrighted films cannot serve as basis for the issuance
of a search warrant.
True. In the absence thereof, there can be no finding of probable cause for the issuance of

a search warrant.
False. It is true that such master tapes are object evidence, with the merit that in this
class of evidence the ascertainment of the controverted fact is made through
demonstrations involving the direct use of the senses of the presiding magistrate. Such

auxiliary procedure, however, does not rule out the use of testimonial or documentary
evidence, depositions, admissions or other classes of evidence tending to prove the factum
probandum. (correct answer, your response)
True. It is true that such master tapes are object evidence, with the merit that in this class
of evidence the ascertainment of the controverted fact is made through demonstrations
involving the direct use of the senses of the presiding magistrate. Such auxiliary

procedure, however, does not rule out the use of testimonial or documentary evidence,
depositions, admissions or other classes of evidence tending to prove the factum
probandum.
False. In the absence thereof, there can be no finding of probable cause for the issuance of

a search warrant.
42.
42. Yvonne is the school director/adviser of the San Beda College High School drama club. The
play she selected for the celebration of the School Foundation Day was a not-so-known play
which she thought would showcase the talent of her young actors and actresses.
Unfortunately, the writer of the play who happened to be Yvonnes suitor whom Yvonne
rejected ten years ago was unwilling to grant a license to the play for high school productions.
Yvonnes best argument for avoiding liability for copyright infringement on the part of San
Beda College if she decided to go ahead and use the material from the play, WITHOUT THE
WRITERS CONSENT, is:
The school as an educational institution cannot be sued in court.

The public performance of a work, in a place where no admission fee is charged, by an
institution for educational purpose only, whose aim is not profit making does not constitute
copyright infringement; (correct answer, your response)
Any play performed by a high school is educational and qualifies as fair use.
None of the above.
43.
43. Under the amended Section 216.1 (b), an infringer shall be liable for actual damages and
profits. In cases where he a) circumvents effective technological measures; or b) having
reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement,
removes or alters any electronic rights management information from a copy of a work, sound
recording, or fixation of a performance, or distribute, import for distribution, broadcast, or
communicate to the public works or copies of works without authority, knowing that electronic
rights management information has been removed or altered without authority, the infringer
shall be liable for triple the amount of damages.
True
44.
44. Copyright, in the strict sense of the term, is purely a statutory right. It is a new or
independent right granted by the statute, and not simply a pre-existing right regulated by the
statute. Being a statutory grant, the rights are only such as the statute confers, and may be
obtained and enjoyed only with respect to the subjects and by the persons, and on terms and
conditions specified in the statute.
Since . . . copyright in published works is purely a statutory creation, a copyright may be
obtained only for a work falling within the statutory enumeration or description.
The foregoing was cited by the Supreme Court in Joaquin versus Drilon, G.R. No. 108946.
January 28, 1999, to arrive at the conclusion that the format or mechanics of a television
show is not included in the list of protected works xxx. The legal basis is
The copyright is distinct from the property in the material object subject to it.
Consequently, the transfer or assignment of the copyright shall not itself constitute a

transfer of the material object. Nor shall a transfer or assignment of the sole copy or of
one or several copies of the work imply transfer or assignment of the copyright.
Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under
this law, to any idea, procedure, system method or operation, concept, principle, discovery
or mere data as such, even if they are expressed, explained, illustrated or embodied in a

work; news of the day and other miscellaneous facts having the character of mere items of
press information; or any official text of a legislative, administrative or legal nature, as well
as any official translation thereof. (correct answer, your response)
In an action under this Chapter, an affidavit made before a notary public by or on behalf of
the owner of the copyright in any work or other subject matter and stating that: (a) At the
time specified therein, copyright subsisted in the work or other subject matter; (b) He or
the person named therein is the owner of the copyright; and (c) The copy of the work or
other subject matter annexed thereto is a true copy thereof, shall be admitted in evidence
in any proceedings for an offense under this Chapter and shall be prima facie proof of the
matters therein stated until the contrary is proved, and the court before which such
affidavit is produced shall assume that the affidavit was made by or on behalf of the owner
of the copyright.
The fair use of a copyrighted work for criticism, comment, news reporting, teaching
including multiple copies for classroom use, scholarship, research, and similar purposes is
not an infringement of copyright.
45.
45. Frederick Perez wrote and published The Secret of Beauty, a book on how to be a successful
hairstylist. Frederick Lopez, an aspiring hair cutter, saw the book at National Book Store and
bought a copy. He took pains to study the different styles and strokes described by Frederick
Perez in his book. Soon, applying the techniques he learned, Frederick Lopez became a much
sought-after hairstylist. He always would say that what he is and what he knows, he learned
from the book of Frederick Perez. Hearing these words, Frederick Perez felt he has been
cheated by Frederick Lopez.
As counsel for Frederick Perez, on whether copyright infringement has been committed, you
would advise him:
To immediately sue for copyright infringement of his book, The Secret of Beauty.
To first register and make a deposit of his book with the National Library, so that he can

sue for infringement.
To relax because no copyright infringement has been committed by Frederick Lopez.

To sue because the acts of Frederick Lopez may be considered as unfair use.
46.
46. The reproduction and communication to the public of literary, scientific or artistic works as
part of reports of current events by means of photography, cinematography or broadcasting to
the extent necessary for the purpose shall not constitute infringement of copyright.

False
47.
47. In FILIPINO SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, INC., plaintiff-appellant,
vs. BENJAMIN TAN, defendant-appellee. In G.R. No. L-36402. March 16, 1987.], it was held
that "If the rights under the copyright are infringed only by a performance where money is
taken at the door, they are very imperfectly protected. Performances not different in kind from
those of the defendants could be given that might compete with and even destroy the success
of the monopoly that the law intends the plaintiffs to have. It is enough to say that there is no
need to construe the statute so narrowly. The defendants' performances are not
eleemosynary. Xxx Eleemosynary means:

Simply charitable. (correct answer, your response)
48.
48. Kyle So entered into a contract with Rose Publishing for writing a series of articles on The
Procreation of Bees. For the project, Kyle was paid a down payment of P500,000.00, with the
balance of P250,000.00 payable upon his submission of the last article not later than ten
months later. Subsequently, Kyle met a girl, Kyota Shu, with whom he fell madly in love. He
could not eat; he could not work. He was useless. Alas, see what unrequited love can do! The
ten-month period elapsed and Kyle failed to submit even one of his articles, though he had
actually written two. Rose Publishing is furious and approaches you.
You advise Rose Publishing to file an action for performance or rescission with damages, in

either case, under the provisions of the New Civil Code.
You advise Rose Publishing to file an action for damages only due to breach of contract
because he cannot be compelled to write his articles or publish them. (correct answer,
your response)
You advise Rose Publishing to secure from Kyle his permission to use his name to by-line

articles written by another person
You advise Rose Publishing that infringement of a copyright is a trespass on a private

domain owned and occupied by the owner of the copyright, and, therefore, protected by
law.
49.
49. The term of protection for performances not incorporated in recordings is:
Fifty (50) years from the end of the year in which they took place. Fifty (50) years from
the end of the year in which they took place. Twenty (20) years from the date they took
place. (correct answer, your response)
Thirty (30) years from the end of the year in which they took place.
None of the above.
50.
50. 171.10. A is an artistic creation with utilitarian functions or incorporated in a
useful article, whether made by hand or produced on an industrial scale;
work of applied art
Your response:
work of applied art
51. Works are protected by the sole fact of their , irrespective of their mode or form
of expression, as well as of their content, quality and purpose. (Sec. 2, P. D. No. 49a)
creation
Your response:
creation
52. Under ARTICLE XII on NATIONAL ECONOMY AND PATRIMONY, Section 14 of the Constitution,
it is provided that The sustained development of a reservoir of national talents consisting of
Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and
skilled workers and craftsmen in all fields shall be ________ by the State. The State shall
encourage appropriate technology and regulate its transfer for the national benefit. The
practice of all
professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed

by law.
promoted (correct answer, your response)
encouraged
understood
deemphasized
53.
53. Copyright in a work of architecture shall include the right to control the erection of any
building which reproduces the whole or a substantial part of the work either in its original form
or in any form recognizably derived from the original as wells the right to control the
reconstruction or rehabilitation in the same style as the original of a building to which the
copyright relates.

False
54.
54. When I turn 64, I plan on inviting all my of my friends from six decades to a giant party where
food and wine will flow as never before. There will be dancing, games and merry-making. It
will be a night never to be forgotten. Before the evening shall end, I plan to distribute my
autobiography, a book bound in soft calf leather with gold-edged pages, entitled "It's My Life,
Idiot!" If you are brilliant, you will open the book and you will find that NOT A WORD IS
WRITTEN ON ANY OF THE PAGES. (It's my life, idiot!) As an IP student, what do you ask
yourself: "Is this guy crazy?" or "Is he saying his life is empty?" or "Is his autobiography
protected by copyright?" What is your best answer to your last question?
No, because while he has and is living his life, his story has yet to be told.
Yes, because it's clear that the story of his life is empty. His book more than eloquently

expresses such emptiness.
No, because, if you only know, his life is a tapestry of scandals, wild sex, shame and

undeserved fortunes.
Yes, because every man has a copyright over his life. The telling of his story comes a little

later. (your response)
None of these.
55.
55. Collections of literary, scholarly or artistic works, and compilations of data and other materials
may be considered as new works if they are original by reason of the * of their contents.
Choose ALL correct answers.
selection (correct answer, your response)

coordination (correct answer, your response)
arrangement (correct answer, your response)
choreography
reproduction
usefulness
visibility
popularity
56.
56. Jose Poloyapoy sold to Kislap Publishing (Kislap) a manuscript containing his adventures in
scaling the heights of Mt. Everest. Kislap then published his manuscript claiming that it has
acquired the copyright in and to Joses written adventure stories. Kislaps contention is wrong
because:
A transfer or assignment of the sole copy or of one or several copies of a work does not

imply transfer or assignment of the copyright. (correct answer, your response)
The submission of a literary, photographic or artistic work to a newspaper, magazine or
periodical for publication shall constitute only a license to make a single publication unless
a greater right is expressly granted.
The copyright is identical with the property in the material object subject to it.
57.
57. Dillman Publishing Company commissioned Braille experts to transcribe popular novels, like
the Twilight, Harry Potter and Lord of the Ring series, into Braille. It made sure that the
respective authors were properly informed of the project and cited in the finished products.
Believing that the project was ahead-of-its-time, Dillman Publishing intended to the the
books at a premium. Would it be violating any copyright?
No. the reproduction or distribution of published articles or materials in a specialized

format exclusively for the use of the blind, visually- and reading-impaired persons does not
constitute a violation of copyright.
No. Dillman Publishing indicated the copyright owners and the date of the original

publication of the transcribed books.
Yes. The provisions of the law shall be interpreted in such a way as to allow the work to be
used in a manner which does not conflict with the normal exploitation of the work and does
not unreasonably prejudice the right holder's legitimate interest.
Yes. Dillman Publishing sold and distributed the Braille-formatted books for profit. (correct

None of the above.
58.
58. In Habana versus Robles, G.R. No. 131522. July 19, 1999, technical considerations and
similarity in the background and training of the contending authors were rejected by the
Supreme Court as sufficient explanation or justification for the similarities in the two works.
"The proposition is peace. Not peace through the medium of war; not peace to be hunted
through the labyrinth of intricate and endless negotiations; not peace to arise out of
universal discord, fomented from principle, in all parts of the empire; not peace to depend
on the juridical determination of perplexing questions, or the precise marking of the
boundary of a complex government. It is simple peace; sought in its natural course, and in
its ordinary haunts. It is peace sought in the spirit of peace, and laid in principles purely
pacific.
If so much is taken that the value of the original work is substantially diminished, there is
an infringement of copyright and to an injurious extent, the work is appropriated. (correct
Copyright or economic rights shall consist of the exclusive right to carry out, authorize or
prevent the public performance of the work; and other communication to the public of the
work.
In case of works of joint authorship, the economic rights shall be protected during the life

of the last surviving author and for fifty (50) years after his death.
59.
(Php10,000.00), except when the infringer, having reasonable grounds to know that it will
induce, enable, facilitate or conceal the infringement, remove or alter any electronic rights
management information from a copy of a work, sound recording, or fixation of a
performance, or distribute, import for distribution, broadcast, or communicate to the public
works or copies of works without authority, knowing that electronic rights management
information has been removed or altered without authority. In such a case, the award of
damages shall be:
double the reduced statutory damages; (correct answer, your response)

double the statutory damages provided in case of infringement, absent any good faith;
60.
60. 171.5. is the transfer of possession of the original or a copy of a work or
sound recording for a limited period, for non-profit purposes, by an institution the services of
which are available to the public, such as public library or archive;

Public lending
Your response:
public lending
61. The term WIPO Internet Treaties is used to refer to the WIPO Copyright Treaty and the
WIPO Performances and Phonograms Treaty, to address issues emerging out of the digital
environment and to provide protection to domain name disputes and conflicts in the Internet.
True
62.
62. Any use made of a work for the purpose of any judicial proceedings or for the giving of
professional advice by a legal practitioner shall constitute infringement of copyright.
True
63.
63. By originality is meant that the material was not copied, and evidences at least minimal
creativity; that it was independently created by the author and that it possesses at least same
minimal degree of creativity. Originality is a requirement of
Patentability
Paternity
Copyright protection (correct answer, your response)
Industrial applicability
Novelty
64.
64. The rights of copyright are limited to what the statute confers. They may be obtained and
enjoyed only with respect to the subjects and by the-persons, and on terms and conditions
specified in the statute. Accordingly:
it can cover only the works falling within the statutory enumeration or description. (correct

it can cover also the works falling beyond the statutory enumeration or description.
it can cover all the works falling outside the statutory enumeration or description.
None of the above.
65.
65. The private reproduction of a published work in a single copy, where the reproduction is made
by a natural person exclusively for research and private study, shall be permitted, without the
authorization of the owner of copyright in the work, EXCEPT IN THE FOLLOWING CASES:
A work of architecture in form of building or other construction (correct answer, your

response)
An entire book, or a substantial part thereof, or of a musical work in which graphics form

by reprographic means; (correct answer, your response)
Any work in cases where reproduction would unreasonably conflict with a normal

exploitation of the work (correct answer, your response)
Any work in cases where reproduction would not prejudice the legitimate interests of the

author.
All of the these.
66.
66. Levin Okoda, principal architect of Manresa and Associates, was engaged by San Miguel
Industries to prepare the architectural plans of the latters proposed home office in Ortigas
Center. Roben Ysmael, CEO of San Miguel, liked the plans so much and, without batting an
eyelash, paid the professional fees being collected by Okoda of Manresa. Subsequently, Roben
engaged the services of his cum padre, Regis Legum, who owns a competing architectural
firm, for the construction of the building based on the plans. When Okoda learned about this
development, he called Roben to offer his services to undertake the construction. Roben
refused. Okoda now consults you and asks what he can do in the premises. Your advice shall
be:
Forget it. Okoda already made money from preparing the plans. By accepting such

payment, Okoda gave Roben the right to construct the building based on his plan.
Advise Okoda that he has the right to control the erection of any building which reproduces
the whole or a substantial part of the work either in its original form or in any form
recognizably derived from the original. (correct answer, your response)
Advise Okoda that the private reproduction of a work of architecture in form of building
even in a single copy by a natural person and even for exclusively for research and private
study, shall not be permitted, without his authorization.
All of the above.
67.
67. The term of protection for copyrighted works under Sections 172 and 173 is:
Lifetime of the author, plus fifty (50) years after his death. (correct answer, your

response)
None of the above.
68.
68. Public display of the original or a copy of the work not made by means of a film, slide,
television image or otherwise on screen or by means of any other device or process shall not
constitute infringement of copyright. Provided, That either the work has been published, or,
that original or the copy displayed has been sold, given away or otherwise transferred to
another person by the author or his successor in title.
True
69.
69. Copyright, in the strict sense of the term, is purely a right. As such, the rights
are limited to what the statute confers. It may be obtained and enjoyed only with respect to
the subjects and by the-persons, and on terms and conditions specified in the statute.
statutory
Your response:
statutory
70. Sec. 188. Reprographic Reproduction by Libraries. - 188.1 Notwithstanding the provisions of
Subsection 177.1, any library or archive whose activities are not for profit may, ________ the
authorization of the author or copyright owner, make a limited number of copies of the work,
as may be necessary for such institutions to fulfill their mandate, by reprographic
reproduction.
with
without (correct answer, your response)
together
outside of
provided that
71.
1. The U. S. Supreme Court in the Sony v. Universal Case, 464 U.S. 417 (1984), declared
that the monopoly granted to authors of copyrightable works to enjoy the fruits of their
labor is neither unlimited nor primarily designed to provide a special private benefit. It
is understood to be a means to an end.
True. Special private benefit is a means to ensure and promote a public interest.

2. In FILIPINO SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, INC.,

plaintiff-appellant, vs. BENJAMIN TAN, defendant-appellee. In G.R. No. L-36402.
March 16, 1987.], it was held that "If the rights under the copyright are infringed only
by a performance where money is taken at the door, they are very imperfectly protected.
Performances not different in kind from those of the defendants could be given that
might compete with and even destroy the success of the monopoly that the law intends
the plaintiffs to have. It is enough to say that there is no need to construe the statute so
narrowly. The defendants' performances are not eleemosynary. Xxx Eleemosynary
means:
Simply charitable. (correct answer, your

response)
3. The recordal system of registration in the Copyright Office is different from the
Trademark system of registration in that
In the Trademark Register, the issuance of registration is ministerial upon submission

of an application that is complete in form and substance.

authorship by a registrant with respect to a copyrightable work. (your response)
In the Trademark Register, there is a substantive examination conducted to determine

the registrability of copyrightable works.
None of the above. (correct answer)
4. In 1841, Thomas Babington MacCaulay, in a speech delivered on the floor of the House
of Commons, declared:
"It is good that authors should be remunerated; and the least exceptionable way of
remunerating them is by a monopoly. Yet monopoly is an evil. For the sake of the good
we must submit to the evil; but the evil ought not to last a day longer than is necessary
for the purpose of securing the good."
MacCaulay is taking exception from or disagrees with the proposition that authors

must be remunerated.
MacCaulay is condemning authors for espousing monopoly.
MacCaulay is justifying the grant of monopoly to authors. (correct answer, your

response)
MacCaulay believes that evil cannot be justified under any circumstance.
5. 187.2. The permission granted under Subsection 187.1 (the private reproduction of a
published work in a single copy, where the reproduction is made by a natural person
exclusively for research and private study) shall not extend to a computer program
except as provided in Section 189;
True (correct answer, your

response)
False
6. Yvonne is the school director/adviser of the San Beda College High School drama club.
The play she selected for the celebration of the School Foundation Day was a not-so-
known play which she thought would showcase the talent of her young actors and
actresses. Unfortunately, the writer of the play who happened to be Yvonnes suitor
whom Yvonne rejected ten years ago was unwilling to grant a license to the play for
high school productions. Yvonnes best argument for avoiding liability for copyright
infringement on the part of San Beda College if she decided to go ahead and use the
material from the play, WITHOUT THE WRITERS CONSENT, is:
The school as an educational institution cannot be sued in court.
The public performance of a work, in a place where no admission fee is charged, by

an institution for educational purpose only, whose aim is not profit making does not
constitute copyright infringement; (correct answer, your response)
Any play performed by a high school is educational and qualifies as fair use.
None of the above.
7. Moral rights pertain to
Paternity and Filiation

Accountability and Integrity
Attribution and integrity (correct answer, your

response)
Retribution and Punishment
All of the above.
8. 172.1 Literary and artistic works are intellectual creations in the

literary and artistic domain protected from the moment of their creation.

original
Your response:
ORIGINAL

MERCHANDISING and COMPANY, and ANG TIAM CRAY, G.R. No. 115758.
March 19, 2002, petitioner who had copyright over Chin Chun Su and Oval Facial
Cream Container/Case (Certificates of Copyright Registration No. 0-1358 and No. 0-
3678) and patent rights on Chin Chun Su & Device and Chin Chun Su for medicated
cream (Registration Certificate No. 4529 under the Supplemental Register of the
Philippine Patent Office) failed to secure an injunction against persons who advertised
and sold petitioner's cream products under the brand name Chin Chun Su, in similar
containers that petitioner uses.
Trademark rights are acquired through registration. (correct answer)

The copyright of the treatise does not give to the author the exclusive right to the art
or manufacture described in his work.

10. In Elidad Kho versus CA, the Supreme Court said that For some reason or
another, petitioner never secured a patent for the light boxes. It therefore acquired no
patent rights which could have protected its invention, if in fact it really was. And
because it had no patent, petitioner could not legally prevent anyone from
manufacturing or commercially using the contraption.

response)
False
11. Lawrence Lessig has described the Internet, thus,For the holder of copyright,
cyberspace appears to be the worst of both worlds a place where the ability to copy
could not be better, and where the protection of the law could not be worse. (Lawrence
Lessig, Code and Other Laws of Cyberspace). This means that:
There is little or no sanction for unauthorized copying; technology has provided the

facility to copy like never before. (correct answer, your response)
There is sufficient sanction for unauthorized copying; technology has provided

adequate measures to prevent copying.

None of the above.
12. The private reproduction of a published work in a single copy, where the
reproduction is made by a natural person exclusively for research and private study,
shall be permitted, without the authorization of the owner of copyright in the work,
EXCEPT IN THE FOLLOWING CASES: Choose ALL correct answers.
A work of architecture in form of building or other construction (correct answer,

your response)
All of the these.
Any work in cases where reproduction would not prejudice the legitimate interests of

the author. (your response)
Any work in cases where reproduction would unreasonably conflict with a normal

exploitation of the work (correct answer)
An entire book, or a substantial part thereof, or of a musical work in which graphics

form by reprographic means; (correct answer, your response)
13. The publisher of a book, in addition to the right to publish, shall have a
copyright consisting merely of the right of:
reproduction of the typographical arrangement of the published edition of the work

adaptation of the musical arrangement of the published edition of the work
reproduction of the technical arrangement of the published edition of the work
transformation of the published edition of the work

14. Pia Bautista, as the vocalist of a band, plans to perform five original songs
composed by Alex Pormento during a concert at the UP Theater for the benefit of the
Philippine Red Cross. These songs were never recorded, publicly played or performed
before by anyone, anywhere. What should Pia do to ensure that she commits no
copyright violation?
Change the venue to a private place.
Do not charge for the show or otherwise make profit.
Make the concert strictly for a charitable or religious institution or society. (your

response)
Get permission from Alex to perform the songs.
15. Levin Okoda, principal architect of Manresa and Associates, was engaged by
San Miguel Industries to prepare the architectural plans of the latters proposed home
office in Ortigas Center. Roben Ysmael, CEO of San Miguel, liked the plans so much
and, without batting an eyelash, paid the professional fees being collected by Okoda of
Manresa. Subsequently, Roben engaged the services of his cum padre, Regis Legum,
who owns a competing architectural firm, for the construction of the building based on
the plans. When Okoda learned about this development, he called Roben to offer his
services to undertake the construction. Roben refused. Okoda now consults you and asks
what he can do in the premises. Your advice shall be:
Forget it. Okoda already made money from preparing the plans. By accepting such

payment, Okoda gave Roben the right to construct the building based on his plan.
Advise Okoda that he has the right to control the erection of any building which
reproduces the whole or a substantial part of the work either in its original form or in
any form recognizably derived from the original. (correct answer, your response)
Advise Okoda that the private reproduction of a work of architecture in form of

building even in a single copy by a natural person and even for exclusively for
research and private study, shall not be permitted, without his authorization.
All of the above.
16. Jose Poloyapoy sold to Kislap Publishing (Kislap) a manuscript containing his
adventures in scaling the heights of Mt. Everest. Kislap then published his manuscript
claiming that it has acquired the copyright in and to Joses written adventure stories.
Kislaps contention is wrong because:
The copyright is identical with the property in the material object subject to it.
A transfer or assignment of the sole copy or of one or several copies of a work does

not imply transfer or assignment of the copyright. (correct answer, your response)
The submission of a literary, photographic or artistic work to a newspaper, magazine

or periodical for publication shall constitute only a license to make a single
publication unless a greater right is expressly granted.
17. The U. S. Supreme Court in the Sony v. Universal Case, 464 U.S. 417 (1984),
declared that the monopoly granted to authors of copyrightable works to enjoy the fruits
of their labor is neither unlimited nor primarily designed to provide a special private
benefit. It is understood to be a means to an end.

True. Special private benefit is a means to ensure and promote a public interest.
18. According to WIPO, Intellectual property is usually divided into two branches.
Copyright and related rights (correct answer)
Pharmaceuticals
utility models
Inventions
Industrial property (correct answer, your

response)
Trademarks
19. Rights Management Information, as defined in Article 12 (2) of the WCT and
Article 19 (2) of the WPPT, are:

phonogram or which appear in connection with the communication thereof to the
public. Such information may identify the work and its author, or the performance
and its performer, the phonogram and its producer, the owner of any right in the
performance or phonogram, or information about the terms and conditions of use of
the work, performance or phonogram, and any numbers or codes that represent such
information. (correct answer, your response)
serial copy management systems for audio digital taping devices, and scrambling
systems for DVDs that prevent third parties from reproducing content without
authorization.
an electronic or similar device having information-processing capabilities, and a sets

of instructions expressed in words, codes, schemes or in any other form, which is

capable when incorporated in a medium that the computer can read, or causing the
computer to perform or achieve a particular task or result;
works, which, with the consent of the authors, are made available to the public by
wire or wireless means in such a way that members of the public may access these
works from a place and time individually chosen by them.

subdivisions and instrumentalities, including government-owned or controlled
corporations as part of his regularly prescribed official duties.

bequeathed his Memoirs, consisting of one thousand hand-written pages, recounting his
adventures of a lifetime to his mistress, Lolita. However, during his heyday, he entered
into a Publication Agreement with Garbage Publications whereby, during his lifetime
and ten years after his death, he assigned all his rights to his Memoirs to the latter.
After Senor Lauro was buried, Lolita hired you as counsel and sought your legal advice
on the feasibility of demanding from Garbage Publications the royalties owing to Senor
Lauro, since Lolita is now the owner of the Memoirs. You will advise Lolita that:
She has every legal right to collect from Garbage Publications because she owns the

Memoirs.
She has no legal right to collect because the mere ownership of the Memoirs does not

mean that she owns the copyright to the Memoirs. (correct answer, your response)
She has the legal right to be declared by a court of law as the owner copyright over

the Memoirs.
None of these.
21. Copyright shall consist of the exclusive right to carry out, authorize or prevent
public performance of a work. However, the recitation or performance of a work, once it
has been lawfully made accessible to the public, if done privately and free of charge or if
made strictly for a charitable or religious institution or society, will not constitute
infringement.
Copyright allows some monopoly subject to some limitations provided by law.

Copyright subsists from the moment of creation; hence, no formal acts need be done

to enjoy legal protection.
Copyright subsists from the moment of creation; nevertheless, registration is required

to enjoy legal protection.
These two statements are inconsistent and conflict with one another.
22. Examples of access control TPM include: cryptography, passwords, and

digital signatures. In short, these measures are deployed to ensure unlimited access to
protected content to users who are authorized to such access.
True
False (correct answer, your

response)
23. Under Section 216.1 (b), in case the infringer was not aware and had no reason
to believe that his acts constitute an infringement of copyright, the court, in its
discretion, may reduce the award of statutory damages to a sum of not more than Ten
Thousand Pesos (Php10,000.00), except when the infringer, having reasonable grounds
to know that it will induce, enable, facilitate or conceal the infringement, remove or alter
any electronic rights management information from a copy of a work, sound recording,
or fixation of a performance, or distribute, import for distribution, broadcast, or
communicate to the public works or copies of works without authority, knowing that
electronic rights management information has been removed or altered without
authority. In such a case, the award of damages shall be:
double the reduced statutory damages; (correct answer)
double the statutory damages provided in case of infringement, absent any good

faith; (your response)
24. Under ARTICLE XII on NATIONAL ECONOMY AND PATRIMONY,

Section 14 of the Constitution, it is provided that The sustained development of a
reservoir of national talents consisting of Filipino scientists, entrepreneurs,
professionals, managers, high-level technical manpower and skilled workers and
craftsmen in all fields shall be ________ by the State. The State shall encourage
appropriate technology and regulate its transfer for the national benefit. The practice of
all
professions in the Philippines shall be limited to Filipino citizens, save in cases

prescribed by law.
promoted (correct answer, your response)
encouraged
understood
deemphasized

25. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF APPEALS,
SUNSHINE HOME VIDEO, INC. and DANILO A. PELINDARIO, respondents., [G.R.
No. 110318. August 28, 1996.], the thrust of the ruling is to the effect that The essence
of a copyright infringement is the similarity or at least substantial similarity of the
purported pirated works to the copyrighted work. Hence, the applicant must present to
the court the copyrighted films to compare them with the purchased evidence of the
video tapes allegedly pirated to determine whether the latter is an unauthorized
reproduction of the former. This linkage of the copyrighted films to the pirated films
must be established to satisfy the requirements of probable cause. Mere allegations as to
the existence of the copyrighted films cannot serve as basis for the issuance of a search
warrant.
False. In the absence thereof, there can be no finding of probable cause for the

issuance of a search warrant.
True. It is true that such master tapes are object evidence, with the merit that in this
demonstrations involving the direct use of the senses of the presiding magistrate.

Such auxiliary procedure, however, does not rule out the use of testimonial or
documentary evidence, depositions, admissions or other classes of evidence tending
to prove the factum probandum.
True. In the absence thereof, there can be no finding of probable cause for the

issuance of a search warrant.
False. It is true that such master tapes are object evidence, with the merit that in this
demonstrations involving the direct use of the senses of the presiding magistrate.

Such auxiliary procedure, however, does not rule out the use of testimonial or
documentary evidence, depositions, admissions or other classes of evidence tending
to prove the factum probandum. (correct answer, your response)
26. 171.10. A is an artistic creation with utilitarian functions

or incorporated in a useful article, whether made by hand or produced on an industrial
scale;

work of applied art
Your response:
work of applied art
27. Under the amended Section 216.1 (b), an infringer shall be liable for actual
damages and profits. In cases where he a) circumvents effective technological measures;
or b) having reasonable grounds to know that it will induce, enable, facilitate or conceal
the infringement, removes or alters any electronic rights management information from
a copy of a work, sound recording, or fixation of a performance, or distribute, import for
distribution, broadcast, or communicate to the public works or copies of works without
authority, knowing that electronic rights management information has been removed or
altered without authority, the infringer shall be liable for triple the amount of damages.
True

response)
28. Copyright, in the strict sense of the term, is purely a statutory right. It is a new or
independent right granted by the statute, and not simply a pre-existing right regulated by
the statute. Being a statutory grant, the rights are only such as the statute confers, and
may be obtained and enjoyed only with respect to the subjects and by the persons, and
on terms and conditions specified in the statute.
Since . . . copyright in published works is purely a statutory creation, a copyright may be

obtained only for a work falling within the statutory enumeration or description.
The foregoing was cited by the Supreme Court in Joaquin versus Drilon, G.R. No.
108946. January 28, 1999, to arrive at the conclusion that the format or mechanics of a
television show is not included in the list of protected works xxx. The legal basis is
Notwithstanding the provisions of Sections 172 and 173, no protection shall extend,
under this law, to any idea, procedure, system method or operation, concept,
principle, discovery or mere data as such, even if they are expressed, explained,
illustrated or embodied in a work; news of the day and other miscellaneous facts
having the character of mere items of press information; or any official text of a
legislative, administrative or legal nature, as well as any official translation thereof.
(correct answer)
The copyright is distinct from the property in the material object subject to it.
Consequently, the transfer or assignment of the copyright shall not itself constitute a

transfer of the material object. Nor shall a transfer or assignment of the sole copy or
of one or several copies of the work imply transfer or assignment of the copyright.
including multiple copies for classroom use, scholarship, research, and similar
purposes is not an infringement of copyright. (your response)
In an action under this Chapter, an affidavit made before a notary public by or on

behalf of the owner of the copyright in any work or other subject matter and stating
that: (a) At the time specified therein, copyright subsisted in the work or other subject
matter; (b) He or the person named therein is the owner of the copyright; and (c) The
copy of the work or other subject matter annexed thereto is a true copy thereof, shall
be admitted in evidence in any proceedings for an offense under this Chapter and
shall be prima facie proof of the matters therein stated until the contrary is proved,
and the court before which such affidavit is produced shall assume that the affidavit
was made by or on behalf of the owner of the copyright.
29. Considering that dramatizations, translations, adaptations, abridgments,

arrangements, and other alterations of literary or artistic works are protected as a new
works, the consent of the author or creator of these underlying works need no longer be
secured.
True

response)
30. Peter Fowler secured a copyright over his drawing of an advertising display
stand under the classification class"O" work, which covers prints, pictorial illustrations,
advertising copies, labels, tags, and box wraps. This being so, Peter's copyright
protection extended only to the technical drawings and not to the stand itself because the
latter was not at all in the category of "prints, pictorial illustrations, advertising copies,
labels, tags and box wraps." Stated otherwise, even as Peter indeed owned a valid
copyright, the same could have referred only to the technical drawings within the
category of "pictorial illustrations." It also have possibly stretched out to include the
underlying advertising stand.
True

response)
31. Kyle So entered into a contract with Rose Publishing for writing a series of
articles on The Procreation of Bees. For the project, Kyle was paid a down payment of
P500,000.00, with the balance of P250,000.00 payable upon his submission of the last
article not later than ten months later. Subsequently, Kyle met a girl, Kyota Shu, with
whom he fell madly in love. He could not eat; he could not work. He was useless. Alas,
see what unrequited love can do! The ten-month period elapsed and Kyle failed to
submit even one of his articles, though he had actually written two. Rose Publishing is
furious and approaches you.
You advise Rose Publishing that infringement of a copyright is a trespass on a

private domain owned and occupied by the owner of the copyright, and, therefore,
protected by law. (your response)
You advise Rose Publishing to file an action for performance or rescission with

damages, in either case, under the provisions of the New Civil Code.
You advise Rose Publishing to secure from Kyle his permission to use his name to

by-line articles written by another person
You advise Rose Publishing to file an action for damages only due to breach of
contract because he cannot be compelled to write his articles or publish them.
(correct answer)
32. The IP Code is
Rep Act No 9239
Rep Act No 8293 (correct answer, your

response)
Rep Act 100372
PD 49
Rep Act No 10088
Thousand Pesos (Php10,000.00), even when the infringer circumvents effective
technological measures.
True

response)
34. The term of protection for sound or image and sound recordings and for
performances incorporated therein is:

Fifty (50) years from the end of the year in which they took place. (correct answer,
your response)
None of the above.
35. The use of bears a social function. To this end, the State
shall promote the diffusion of knowledge and information for the promotion of national
development and progress and the common good. It is also the policy of the State to
streamline administrative procedures of registering patents, trademarks and copyright, to
liberalize the registration on the transfer of technology, and to enhance the enforcement
of intellectual property rights in the Philippines. (n)

intellectual

property
IP
Your response:
intellectual property
36. HOW MAY AN AFFIDAVIT EVIDENCE HELP A COPYRIGHT OWNER IN

AN ACTION FOR INFRINGEMENT?
It creates a prima facie presumption that the copyright to the work is subsisting and

that it is being infringed. (your response)
It creates a conclusion that (i) copyright subsists in the work; (ii) the person named
therein is the owner of the copyright; and, (iii) the copy of the work or other subject
matter annexed thereto is a true copy thereof.
A and B above.
37. Under the IP Code, the term "intellectual property rights" consists of the
following. CHOOSE ALL CORRECT ANSWERS.
Service Manuals (your response)
Financial Indications (your response)
Geographic Indications (correct answer, your response)
Fashion Designs
Commercial Properties
Mechanical Lay-outs (your response)
International conventions
Architectural plans (your response)
Industrial Designs (correct answer, your response)
Copyright and Related Rights (correct answer, your response)
Patents (correct answer, your response)
Inter-disciplinary Models
Layout-Designs of Integrated Circuits (correct answer, your

response)
Undisclosed Information (correct answer)
Trademarks and Service Marks (correct answer, your response)
38. Under Section 216.1 (b) of the IP Code, if the copyright owner (or proprietor of
related rights) decides not to prove his damages and profits,

response)

39. In Habana versus Robles, G.R. No. 131522. July 19, 1999, technical
considerations and similarity in the background and training of the contending authors
were rejected by the Supreme Court as sufficient explanation or justification for the
similarities in the two works.
"The proposition is peace. Not peace through the medium of war; not peace to be
hunted through the labyrinth of intricate and endless negotiations; not peace to arise
out of universal discord, fomented from principle, in all parts of the empire; not
peace to depend on the juridical determination of perplexing questions, or the precise
marking of the boundary of a complex government. It is simple peace; sought in its
natural course, and in its ordinary haunts. It is peace sought in the spirit of peace, and
laid in principles purely pacific.
In case of works of joint authorship, the economic rights shall be protected during the

life of the last surviving author and for fifty (50) years after his death.
If so much is taken that the value of the original work is substantially diminished,
there is an infringement of copyright and to an injurious extent, the work is
appropriated. (correct answer, your response)
Copyright or economic rights shall consist of the exclusive right to carry out,
authorize or prevent the public performance of the work; and other communication to
the public of the work.
40. In COLUMBIA PICTURES, INC., et al, petitioners, vs. COURT OF APPEALS,

SUNSHINE HOME VIDEO, INC. and DANILO A. PELINDARIO, respondents., [G.R.
No. 110318. August 28, 1996.], it was held that It is evidently incorrect to suggest, as
the ruling in 20th Century Fox may appear to do, that in copyright infringement cases,
the presentation of master tapes of the copyrighted films is always necessary to meet the
requirement of probable cause and that, in the absence thereof, there can be no finding
of probable cause for the issuance of a search warrant. Xxx The foregoing statement
was made because:
The obtainment of a license prescribed by Section 125 of the Corporation Code is not
a condition precedent to the maintenance of any kind of action in Philippine courts
by foreign corporation.
music . . . and if the instrument he plays on is a piano plus a broadcasting apparatus,

so that waves are thrown out, not only upon the air, but upon the other, then also he is
performing the musical composition." (Buck, et al. v. Duncan, et al.; Same v. Jewell-
La Salle Realty Co., 32F. 2d. Series 367).
To be able to effectively and legally preclude others from copying and profiting from

the invention, a patent is a primordial requirement.

41. The exceptions from copyright infringement shall be interpreted in such a way as
to allow the work to be used in a manner which conflicts with the normal exploitation of
the work and does not unreasonably prejudice the right holder's legitimate interest.
False (correct answer)
42. Frederick Perez wrote and published The Secret of Beauty, a book on how to
be a successful hairstylist. Frederick Lopez, an aspiring hair cutter, saw the book at
National Book Store and bought a copy. He took pains to study the different styles and
strokes described by Frederick Perez in his book. Soon, applying the techniques he
learned, Frederick Lopez became a much sought-after hairstylist. He always would say
that what he is and what he knows, he learned from the book of Frederick Perez.
Hearing these words, Frederick Perez felt he has been cheated by Frederick Lopez.
As counsel for Frederick Perez, on whether copyright infringement has been committed,
you would advise him:
To first register and make a deposit of his book with the National Library, so that he

can sue for infringement.
To immediately sue for copyright infringement of his book, The Secret of Beauty.
To relax because no copyright infringement has been committed by Frederick Lopez.

To sue because the acts of Frederick Lopez may be considered as unfair use.
43. Brilliante Verzosa megged a movie that was awarded by the Independent
Directors Guild of the Philippines as "Best Picture of the Year". However, the MTRCB
gave it a rating of X, meaning, not fit for public exhibition due to "Violence, Foul
language and Nudity." Hence, it was never shown in the theaters. When this was
reported in social media, a lot of interest for the movie was generated. Everybody
wanted to see it and was asking where it could be watched. Others were looking for
copies. Dimitri, a close buddy of Brilliante, had a preview copy of the movie. He saw
the opportunity to make money from the unusual demand for the film. He uploaded it in
his personal website and charged P200 for every download. When he became aware of
what Dimitri has done, Brilliante asked him to stop, alleging copyright infringement.
Dimitri refused, arguing that government, through the MTRCB, has refused protection
to the movie because it is immoral and illegal. What is your BEST advise to Brilliante?
The movie is not protected because of its quality.
The movie is protected irrespective of its quality.
The movie is protected irrespective of its content. (correct answer, your

response)
The movie is not protected because of its content.
44. Under Section 216.1 (b) of the IP Code, if the copyright owner (or proprietor of
related rights) decides not to prove his damages and profits,

response)

45. The rights of copyright are limited to what the statute confers. They may be
obtained and enjoyed only with respect to the subjects and by the-persons, and on terms
and conditions specified in the statute. Accordingly:
it can cover only the works falling within the statutory enumeration or description.

it can cover also the works falling beyond the statutory enumeration or description.
it can cover all the works falling outside the statutory enumeration or description.
None of the above.
46. The following provision normally appears in license agreements whereby rights
over certain musical compositions are licensed to another for use by the latter:
It is hereby agreed and understood that the authority herein granted to PRODUCER is
restrictive and covers only such license as stipulated in the preceding section. It is
expressly stipulated that the first and original telecast of the Television Series shall be
completed no later than the end of the Licensed Period. The license herein granted does
not include any rights for any other production and/or soundtrack production and/or
reproduction in video compact disc, VHS, MP3 and DVD format, mobile phone and
internet services, value-added or otherwise, including any other wireless services such
as SMS & MMS, music television (MTV), ballet show(s), segment show(s) and audio,
opening number(s), production number(s) and/or other related presentation(s) and the
like in any theater(s) and/or television show(s).
The legal basis for this provision is:
In case of works of joint authorship, the economic rights shall be protected during the

life of the last surviving author and for fifty (50) years after his death.
Copyright or economic rights shall consist of the exclusive right to carry out,
authorize or prevent the acts of making derivative works, public performance of the

work; and other communication to the public of the work. (correct answer, your
response)
An author may waive his moral rights by a written instrument.

including multiple copies for classroom use, scholarship, research, and similar
purposes is not an infringement of copyright.
47. Under the amended Section 216.1 (b), an infringer shall be liable for actual
damages and profits. In cases where he a) circumvents effective technological measures;
or b) having reasonable grounds to know that it will induce, enable, facilitate or conceal
the infringement, removes or alters any electronic rights management information from
a copy of a work, sound recording, or fixation of a performance, or distribute, import for
distribution, broadcast, or communicate to the public works or copies of works without
authority, knowing that electronic rights management information has been removed or
altered without authority, the infringer shall be liable for triple the amount of damages.
True

response)
48. Copyright in a work of architecture shall include the right to control the erection
of any building which reproduces the whole or a substantial part of the work either in its
original form or in any form recognizably derived from the original. However,
The copyright in any such work shall not include the right to control the
reconstruction or rehabilitation in the same style as the original of a building to
which the copyright relates. (correct answer, your response)
The copyright in any such work shall include the right to control the reconstruction
or rehabilitation in the same style as the original of a building to which the copyright
relates.
The copyright in any such work shall last only for twenty-five years from the

moment of creation
None of these.
49. Copy control measures seek to control the use of protected content once users
have access to the work. Examples are: serial copy management systems for audio
digital taping devices, and scrambling systems for DVDs that prevent third parties from
reproducing content without authorization.

response)
False
50. The term of protection for audio-visual works including those produced by
process analogous to photography or any process for making audio-visual recordings is:
Fifty (50) years from date of publication and, if unpublished, from the date of

making. (correct answer, your response)
None of the above.
51. Works are protected by the sole fact of their , irrespective of

their mode or form of expression, as well as of their content, quality and purpose. (Sec.
2, P. D. No. 49a)
creation
Your response:
creation
52. Jessie holds a copyright registration for a Utility Model, Leaf Spring Eye
Bushing for Automobile made up of plastic. It is described as
comprising a generally cylindrical body having a co-axial bore that is centrally located
and provided with a perpendicular flange on one of its ends and a cylindrical metal
jacket surrounding the peripheral walls of said body, with the bushing made of plastic
that is either polyvinyl chloride or polypropylene.[31] Likewise, the Vehicle Bearing
Cushion is illustrated as a bearing cushion comprising a generally semi-circular body
having a central hole to secure a conventional bearing and a plurality of ridges provided
therefore, with said cushion bearing being made of the same plastic materials.
Jennifer produced and distributed similar bushings. Jessie sued for copyright
infringement. The suit will not prosper because:
The bushings are not intellectual creations in the literary and artistic domain, or
works of applied art. They are certainly not ornamental designs or one having
decorative quality or value.

None of these.
53. Copy control measures seek to control the use of protected content once users
have access to the work. Examples are: serial copy management systems for audio
digital taping devices, and scrambling systems for DVDs that prevent third parties from
reproducing content without authorization.

response)
False
54. Under the IP Code, the First-to-File Rule has been adopted for copyrightable
works, trademarks and patents.
False. Copyright accrues from the moment of creation. (correct answer, your

response)
True. If two (2) or more persons have made the invention separately and
independently of each other, the right to the patent shall belong to the person who
filed an application for such invention, or where two or more applications are filed
for the same invention, to the applicant who has the earliest filing date or, the earliest
priority date.
True. The use of the mark in a form different from the form in which it is registered,
which does not alter its distinctive character, shall not be ground for cancellation or
removal of the mark and shall not diminish the protection granted to the mark.
False. An application for registration of a mark filed in the Philippines by a person

referred to in Section 3 of the IP Code, and who previously duly filed an application

for registration of the same mark in one of those countries, shall be considered as
filed as of the day the application was first filed in the foreign country.
55. 171.9 is the making of one (l) or more copies, temporary

or permanent, in whole or in part, of a work or a sound recording in any manner or form
without prejudice to the provisions of Section 185 of Rep Act No. 8293.

Reproduction
Your response:
reproduction
56. Rights Management Information, as defined in Article 12 (2) of the WCT and
Article 19 (2) of the WPPT, are:

phonogram or which appear in connection with the communication thereof to the
public. Such information may identify the work and its author, or the performance
and its performer, the phonogram and its producer, the owner of any right in the
performance or phonogram, or information about the terms and conditions of use of
the work, performance or phonogram, and any numbers or codes that represent such
information. (correct answer, your response)
serial copy management systems for audio digital taping devices, and scrambling
systems for DVDs that prevent third parties from reproducing content without
authorization.
an electronic or similar device having information-processing capabilities, and a sets

of instructions expressed in words, codes, schemes or in any other form, which is

capable when incorporated in a medium that the computer can read, or causing the
computer to perform or achieve a particular task or result;
works, which, with the consent of the authors, are made available to the public by
wire or wireless means in such a way that members of the public may access these
works from a place and time individually chosen by them.

subdivisions and instrumentalities, including government-owned or controlled
corporations as part of his regularly prescribed official duties.
57. Notwithstanding the provisions of Subsection 177.1, any library or archive

whose activities are not for profit may, without the authorization of the author or
copyright owner, make a ___________ number of copies of the work, as may be
necessary for such institutions to fulfill their mandate, by reprographic reproduction:
limited (correct answer, your

response)
one
multiple
unlimited
two
58. The term WIPO Internet Treaties is used to refer to the WIPO Copyright
Treaty and the WIPO Performances and Phonograms Treaty, to address issues emerging
out of the digital environment and to provide protection to domain name disputes and
conflicts in the Internet.
True

response)
59. Sec. 174. Published Edition of Work. - In addition to the right to publish granted
by the author, his heirs or assigns, the publisher shall have a copyright consisting merely
of the right of reproduction of the arrangement of the published
edition of the work. (n)

typographical
Your response:
typographical
60. Under the amended Section 217.2, it is provided that the medium penalties stated
in Section 217.1 (a), (b) and (c) shall be imposed when the infringement is committed
by the removal or alteration of any electronic rights management information from a
copy of a work, sound recording, or fixation of a performance, by a person, knowingly
and without authority.
True

response)
61. Collections of literary, scholarly or artistic works, and compilations of data and
other materials may be considered as new works if they are original by reason of the *
of their contents. Choose ALL correct answers.
selection (correct answer, your response)
coordination (correct answer, your

response)
usefulness
visibility
popularity
arrangement (correct answer, your

response)
reproduction
choreography
62. The inclusion of a work in a publication, broadcast, or other communication to

the public, sound recording or film, if such inclusion is made by way of illustration for
teaching purposes and is compatible with fair use shall not constitute infringement of
copyright even if the source and of the name of the author, if appearing in the work, are
not mentioned.
True

response)
63. Copyright itself does not depend on official procedures. A created work is
considered protected by copyright as soon as it exists. According to the Berne
Convention for the Protection of Literary and Artistic Works, literary and artistic works
are protected without any formalities in the countries party to that Convention.
True.Thus, WIPO does not support a system of International Trademark Registration.
False.Thus, WIPO offers a system of International Copyright Registration.
False. Thus, WIPO offers a system of International Trademark Registration.
True. Thus, WIPO does not offer any kind of copyright registration system. (correct

64. Copyright, in the strict sense of the term, is purely a right.

As such, the rights are limited to what the statute confers. It may be obtained and
enjoyed only with respect to the subjects and by the-persons, and on terms and
conditions specified in the statute.

statutory
Your response:
statutory
65. means any technology, device or component that, in the

normal course of its operation, restricts acts in respect of a work,performance or sound
recording, which are not authorized by the authors, performers or producers of sound
recordings concerned or permitted by law.

Technological Measure
TPM
Technological Protection

Measure
technological protection

measure
Your response:
technological measure
66. Copyrightable works are protected
from the moment of creation (correct answer, your

response)
upon adoption
upon registration
none of the above.
after examination
67. The term of protection for performances not incorporated in recordings is:
Fifty (50) years from the end of the year in which they took place. Fifty (50) years
from the end of the year in which they took place. Twenty (20) years from the date
they took place. (correct answer, your response)
None of the above.
68. The term of protection for Broadcasts is:
Fifty (50) years from the end of the year in which they took place. Fifty (50) years
from the end of the year in which they took place. Twenty (20) years from the date
they took place.
Twenty (20) years from the date they took place. (correct answer, your response)
None of the above.

69. Patents to protect inventions; and industrial designs, which are aesthetic
creations determining the appearance of industrial products, as well as trademarks,
service marks, layout-designs of integrated circuits, commercial names and
designations, geographical indications, and protection against unfair competition fall
under:
Industrial property (correct answer, your

response)
Pharmaceuticals
Commercial Property
Thousand Pesos (Php10,000.00), except when the infringer, having reasonable grounds
to know that it will induce, enable, facilitate or conceal the infringement, remove or alter
any electronic rights management information from a copy of a work, sound recording,
or fixation of a performance, or distribute, import for distribution, broadcast, or
communicate to the public works or copies of works without authority, knowing that
electronic rights management information has been removed or altered without
authority. In such a case, the award of damages shall be:
double the reduced statutory damages; (correct answer, your response)
double the statutory damages provided in case of infringement, absent any good

faith;
triple the statutory damages provided in case of infringement, absent any good

faith;
Questions Answers
Goods or services may not be considered as being True

similar or dissimilar to each other on the ground
that, in any registration or publication by the
Office, they appear in di
the owner of a registered mark shall have the False

exclusive right to prevent all third parties not
having the owner's consent from using in the
course of trade identical or similar signs or
containers for goods or services which ar
The exclusive right of the owner of a well-known False

mark defined in Subsection 123.1(e) which is
registered in the Philippines, shall not extend to
go
The following mark is not generic: NOT none
A certificate of registration of a mark shall be NOT validity

prima facie evidence of the follo
An application for registration of a mark filed in Priority rights

the Philippines by a person who is a national or
who is domiciled or has a real and effective
industrial establishment in a country which is a
party to any convention, treaty or agreement
relating to intellectual property rights or the
repression of unfair competition, to which the
Philippines is also a party, or extends reciprocal
rights to nationals of the Philippines by law, and
who previously duly filed an application for
registration of the same mark in one
Section 123.2, which provides that As regards Secondary meaning

signs or devices mentioned in paragraphs (j), (k),
and (l), nothing shall prevent the registration of
any such sign or device which has become
distinctive in relation to the goods for which
registration is req
The filing date of an application shall be the date None

on which the Office received the following
indications and elements in English or Filipino,
except:
A mark cannot be registered if is likely to mislead Geographical

the public, particularly as to the
A person who is a national or who is domiciled or False

has a real and effective industrial establishment
in a country which is a party to any convention,
treaty or agreement relating to intellectual

property rights or the repr
Where goods and/or services belonging to One

several classes of the Nice Classification have
been included in one (1) application, such an
application s
means the name or designation identifying or Tradename

distinguishing an enterprise.
The Office may allow or require the applicant to Disclaim
The final decision of refusal of an application for Director general

trademark registration by the Director of
Trademarks shall be appealable to th
Registration of the mark shall not confer on the True

registered owner the right to preclude third
parties from using bona fide their names,
addresses, pseudonyms, a geographical name, or
exact indications concerning the kind, quality,
quantity, destination, value, place of origin, or
time of production or of supply, of their goods or
services: Provided, That such use is confined to
the purposes of mere
The owner of a well-known mark that is not True

registered in the Philippines, may, against an
identical or confusingly similar mark, oppose its
registration, or petition the cancellation of its
registration or sue for unfair co
In case of the use of an for identical False

goods or services, a likelihood of confusion shall
be proved.
The IPO shall shall issue the certificate of Upon publication

registration upon the happening of all, save one,
the following events:
The following mark may not be registrable as it it consists exclusively of signs or of
may not acquire a secondary meaning: indications that have become customary or
usual to designate the goods or services in
everyday language or in bona fide and
established trade practice;
No filing date shall be accorded until the required True

fee is paid.
A mark cannot be registered if it is identical with, Well-known

or confusingly similar to, or constitutes a
translation of a mark which is considered by the
competent authority of the Philippines to be
Section 123.3 which provides that The nature of False

the goods to which the mark is applied will not
constitute an obstacle to registration means that
when a mark is used on a product that is
immoral, deceptive or scandalous matter, said

mark cannot be registered.
A mark that is contrary to public order or False

morality may still be registered because
protection is granted irrespective of the mode of
expression, content or quality
A mark cannot be registered if it consists of a True

name, portrait or signature identifying a
particular living individual except by his written
consent, or the name, signature, or portrait of a
deceased President of the Philippines, during the
life of his
A mark that consists of color alone may be True

registered if it is defined by a given form.
The IP Code is Rep Act No 8293
The objective of the WIPO Internet Treaties is None of the above

to protect the environment
In the case of work created by an author True

during and in the course of his employment,
the copyright shall belong to the employer, if
the work is the result of the performance of
his regularly-assigned duties, unless there is
an agreement, express or implied, to the
contrary.
Under the amended Section 216.1 (b), an False

infringer shall be liable for actual damages
and profits. In cases where he a) circumvents
effective technological measures; or b) having
reasonable grounds to know that it will
induce, enable, facilitate or conceal the
infringement, removes or alters any electronic
rights management information from a copy
of a work, sound recording, or fixation of a
performance, or distribute, import for
distribution, broadcast, or communicate to the
public works or copies of works without
authority, knowing that electronic rights
management information has been removed
or altered without authority, the infringer shall
be liable for triple the amount of damages.
5. Peter Fowler secured a copyright over False

his drawing of an advertising display
stand under the classification
class"O" work, which covers prints,
pictorial illustrations, advertising
copies, labels, tags, and box wraps.
This being so, Peter's copyright
protection extended only to the
technical drawings and not to the
stand itself because the latter was not
at all in the category of "prints,
pictorial illustrations, advertising
copies, labels, tags and box wraps."
Stated otherwise, even as Peter indeed
owned a valid copyright, the same
could have referred only to the
technical drawings within the category
of "pictorial illustrations." It also have
possibly stretched out to include the
underlying advertising stand.
187.2. The permission granted under True

Subsection 187.1 (the private reproduction of
a published work in a single copy, where the
reproduction is made by a natural person
exclusively for research and private study)
shall not extend to the reproduction of a work
of architecture in form of building or other
construction
In case of broadcasts, the term of protection False

shall be twenty (20) years from the date that
the recording took place.
In Habana versus Robles, G.R. No. 131522. If so much is taken that the value of the
July 19, 1999, technical considerations and original work is substantially diminished,
similarity in the background and training of there is an infringement of copyright and to
the contending authors were rejected by the an injurious extent, the work is appropriated.
Supreme Court as sufficient explanation or
justification for the similarities in the two
works.
"The proposition is peace. Not

peace through the medium of war;
not peace to be hunted through the
labyrinth of intricate and endless
negotiations; not peace to arise out
of universal discord, fomented
from principle, in all parts of the
empire; not peace to depend on the
juridical determination of
perplexing questions, or the precise
marking of the boundary of a
complex government. It is simple
peace; sought in its natural course,
and in its ordinary haunts. It is
peace sought in the spirit of peace,
and laid in principles purely
pacific.
11. The copyright may be assigned or True

licensed in whole or in part.
12. The criminal penalties imposable on False

any person infringing any right
secured by provisions of Part IV of the
iP Code, or aiding or abetting such
infringement shall be in the maximum
period when the infringer
circumnavigates effective
technological measures.
The inventor shall be deemed to represent the False

authors of articles and other writings
published without the names of the authors or
under pseudonyms, unless the contrary
appears, or the pseudonyms or adopted name
leaves no doubts as to the authors identity, or
if the author of the anonymous works
discloses his identity.
15. Frederick Perez wrote and published To relax because no copyright infringement
The Secret of Beauty, a book on has been committed by Frederick Lopez
how to be a successful hairstylist.
Frederick Lopez, an aspiring hair
cutter, saw the book at National Book
Store and bought a copy. He took
pains to study the different styles and
strokes described by Frederick Perez
in his book. Soon, applying the
techniques he learned, Frederick
Lopez became a much sought-after
hairstylist. He always would say that
what he is and what he knows, he
learned from the book of Frederick
Perez. Hearing these words, Frederick
Perez felt he has been cheated by
Frederick Lopez.
As counsel for Frederick Perez, on

whether copyright infringement has
been committed, you would advise
him:
171.11. A "work of the Government of the Employee

Philippines" is a work created by an officer or
of the Philippine Government

or any of its subdivisions and
instrumentalities, including government-
owned or controlled corporations as part of
his regularly prescribed official duties.
collective work
171.2. A is a work which has
been created by two (2) or more natural
persons at the initiative and under the
direction of another with the understanding
that it will be disclosed by the latter under his
own name and that contributing natural
persons will not be identified;
18. The making of ephemeral recordings True
by a broadcasting organization by
means of its own facilities and for use
in its own broadcast shall not
constitute infringement of copyright.
19. The recitation or performance of a True

work, once it has been lawfully made
accessible to the public, if done
privately and free of charge or if made
strictly for a charitable or religious
institution or society shall not
constitute infringement of copyright.
20. Where the defendant, without good True

faith, puts in issue the questions of
whether copyright subsists in a work
or other subject matter to which the
action relates, or the ownership of
copyright in such work or subject
matter, thereby occasioning
unnecessary costs or delay in the
proceedings, the court may direct that
any costs to the defendant in respect of
the action shall not be allowed by him
and that any costs occasioned by the
defendant to other parties shall be paid
by him to such other parties.
22. In COLUMBIA PICTURES, INC., et NOT OBTAINMENT

al, petitioners, vs. COURT OF
APPEALS, SUNSHINEHOME
VIDEO, INC. and DANILO A.
PELINDARIO, respondents., [G.R.
No. 110318. August 28, 1996.], it was
held that It is evidently incorrect to
suggest, as the ruling in 20th Century
Fox may appear to do, that in
copyright infringement cases, the
presentation of master tapes of the
copyrighted films is always necessary
to meet the requirement of probable
cause and that, in the absence thereof,
there can be no finding of probable
cause for the issuance of a search
warrant. Xxx The foregoing
statement was made because:
23. Under the amended Section 217.2, it is False

provided that the medium penalties
stated in Section 217.1 (a), (b) and (c)
shallbeimposedwhenthe
infringement is committed by the
removal or alteration of any electronic
rights management information from a
copy of a work, sound recording, or
fixation of a performance, by a person,
knowingly and without authority.
24. 204.2. The rights granted to a 50

performer in accordance with
Subsection 203.1 shall be maintained
and exercised _______ years after his
death, by his heirs, and in default of
heirs, the government, where
protection is claimed. (Sec. 43, P. D.
no. 49)
The rights of copyright are limited to what the NOT it can cover also the works falling
statute confers. They may be obtained and beyond the statutory enumeration or
enjoyed only with respect to the subjects and description.

by the-persons, and on terms and conditions
specified in the statute. Accordingly
In 1841, Thomas Babington MacCaulay, in a MacCaulay is justifying the grant of

speech delivered on the floor of the House of monopoly to authors
Commons, declared:
"It is good that authors should be

remunerated; and the least exceptionable way
of remunerating them is by a monopoly. Yet
monopoly is an evil. For the sake of the good
we must submit to the evil; but the evil ought
not to last a day longer than is necessary for
the purpose of securing the good."
In determining whether the use made of a NOT The amount and substantiality of the
work in any particular case is fair use, the portion used in relation to the copyrighted
factors to be considered shall include the work as a whole

following, except one
By originality is meant that the material was Copyright protection
not copied, and evidences at least minimal
creativity; that it was independently created
by the author and that it possesses at least
same minimal degree of creativity. Originality
is a requirement of
The copyright is distinct from the property in False

thematerialobjectsubjecttoit.
Consequently, the transfer or assignment of
the copyright shall itself constitute a transfer
of the material object. Nor shall a transfer or
assignment of the sole copy or of one or
several copies of the work imply transfer or
assignment of the copyright
205.1. Subject to the provisions of Section True

206, once the performer has authorized the
broadcasting or fixation of his performance,
the provisions of Sections 203 shall have no
further application.
Copy control measures seek to control the True

use of protected content once users have
access to the work. Examples are: serial
copy management systems for audio digital
taping devices, and scrambling systems for
DVDs that prevent third parties from
reproducing content without authorization
Public performance
171.6. , in the case of a work
other than an audiovisual work, is the
recitation, playing, dancing, acting or
otherwise performing the work, either directly
or by means of any device or process; in the
case of an audiovisual work, the showing of
its images in sequence and the making of the
sounds accompanying it audible; and, in the
case of a sound recording, making the
recorded sounds audible at a place or at places
where persons outside the normal circle of a
family and that familys closest social
acquaintances are or can be present,
irrespective of whether they are or can be
present at the same place and at the same
time, or at different places and/or at different
times, and where the performance can be
perceived without the need for
communication within the meaning of
Subsection 171.3;
Computer
171.4. A is an electronic or
similar device having information-processing
capabilities, and a "computer program" is a
set of instructions expressed in words, codes,
schemes or in any other form, which is
capable when incorporated in a medium that
the computer can read, or causing the
computer to perform or achieve a particular
task or result;
202.7. _______ means the transmission by Broadcasting

wireless means for the public reception of
sounds or of images or of representations
thereof; it is also such transmission by
satellite where the means for decrypting are
provided to the public by the broadcasting
organization or with its consent
Published works
171.7. means works, which,

with the consent of the authors, are made
available to the public by wire or wireless
means in such a way that members of the
public may access these works from a place
and time individually chosen by them:
Provided, That availability of such copies has
been such, as to satisfy the reasonable
requirements of the public, having regard to
the nature of the work;
Before the subsistence of the copyright is False

established, the plaintiff may already be
presumed to be the owner of the copyright if
he claims to be the owner of the copyright and
the defendant does not put in issue the
question of his ownership.
Literary and artistic works, hereinafter Leah Salonga's rendition of "Can We Just
referred to as "works", are original intellectual Stop and Talk a While?"
creations in the literary and artistic domain
protected from the moment of their creation.
Which among the following properties does
not belong?
Section 1. Title. - This Act shall be known as Intellectual
the Property Code of the

Philippines."
Examples of access control TPM include: False

cryptography, passwords, and digital
signatures. In short, these measures are
deployed to ensure unlimited access to
protected content to users who are authorized
to such access
Communication to the public
171.3 means any

communication to the public, including
broadcasting, rebroadcasting, retransmitting
by cable, broadcasting and retransmitting by
satellite, and includes the making of a work
available to the public by wire or wireless
means in such a way that members of the
public may access these works from a place
and time individually chosen by them;
The term of protection for copyrighted works Lifetime of the author, plus fifty (50) years
under Sections 172 and 173 is: after his death.
Sec. 3. International Conventions and Reciprocity
. - Any person who is a national

or who is domiciled or has a real and effective
industrial establishment in a country which is
a party to any convention, treaty or agreement
relating to intellectual property rights or the
repression of unfair competition, to which the
Philippines is also a party, or extends
reciprocal rights to nationals of the
Philippines by law, shall be entitled to
benefits to the extent necessary to give effect
to any provision of such convention, treaty or
reciprocal law, in addition to the rights to
which any owner of an intellectual property
right is otherwise entitled by this Act. (n)
Brilliante Verzosa megged a movie that was The movie is protected irrespective of its
awarded by the Independent Directors Guild content.
of the Philippines as "Best Picture of the
Year". However, the MTRCB gave it a rating
of X, meaning, not fit for public exhibition
due to "Violence, Foul language and Nudity."
Hence, it was never shown in the theaters.
When this was reported in social media, a lot
of interest for the movie was generated.
Everybody wanted to see it and was asking
where it could be watched. Others were
looking for copies. Dimitri, a close buddy of
Brilliante, had a preview copy of the movie.
He saw the opportunity to make money from
the unusual demand for the film. He uploaded
it in his personal website and charged P200
for every download. When he became aware
of what Dimitri has done, Brilliante asked
him to stop, alleging copyright infringement.
Dimitri refused, arguing that government,
through the MTRCB, has refused protection
to the movie because it is immoral and illegal.
What is your BEST advise to Brilliante?
172.1 Literary and artistic works are Original
intellectual creations in the

literary and artistic domain protected from the
moment of their creation.
Sec. 206. Additional Remuneration for five percent (5%)

Subsequent Communications or Broadcasts. -
Unless otherwise provided in the contract, in
every communication to the public or
broadcast of a performance subsequent to the
first communication or broadcast thereof by
the broadcasting organization, the performer
shall be entitled to an additional remuneration
equivalent to at least __________ of the
original compensation he or she received for
the first communication or broadcast. (n)
The owners of copyright and related rights or False

their heirs may not designate a society of
artists, writers, composers and other
rightholders to collectively manage their
economic or moral rights on their behalf.
In an infringement action, the court shall have False

no power to order the seizure and impounding
of any article which may serve as evidence in
the court proceedings, in accordance with the
rules on search and seizure involving
violations of intellectual property rights
issued by the Supreme Court. (Sec. 28, P.D.
No. 49a)
The term of protection for audio-visual works Fifty (50) years from date of publication and,
including those produced by process if unpublished, from the date of making.
analogous to photography or any process for
making audio-visual recordings is:
In determining the number of years of NOT None of these

imprisonment and the amount of fine, the
court shall consider the value of the infringing
materials that the defendant has produced or
manufactured and the damage that the
copyright owner has suffered by reason of the
infringement. Provided, That the respective
maximum penalty stated in Section 217. 1 (a),
(b) and (c) herein for the first, second, third
and subsequent offense, shall not necessarily
be imposed when the infringement is
committed by:
Copyright in a work of architecture shall False

include the right to control the erection of any
building which reproduces the whole or a
substantial part of the work either in its
original form or in any form recognizably
derived from the original as wells the right to
control the reconstruction or rehabilitation in
the same style as the original of a building to
which the copyright relates.
In the absence of a contrary stipulation at the True

time an author licenses or permits another to
use his work, the necessary editing, arranging
or adaptation of such work, for publication,
broadcast, use in a motion picture,
dramatization, or mechanical or electrical
reproduction in accordance with the
reasonable and customary standards or
requirements of the medium in which the
work is to be used, shall not be deemed to
contravene the author's rights secured by this
chapter. Nor shall complete destruction of a
work unconditionally transferred by the
author be deemed to violate such rights. (Sec.
38, P. D. No. 49)
Moral
Sec. 193. Scope of Rights. -

The author of a work shall, independently of
the economic rights in Section 177 or the
grant of an assignment or license with respect
to such right, have the rights, namely,193.1.
To require that the authorship of the works be
attributed to him, in particular, the right that
his name, as far as practicable, be indicated in
a prominent way on the copies, and in
connection with the public use of his work;
193.2. To make any alterations of his work
prior to, or to withhold it from publication;
193.3. To object to any distortion, mutilation
or other modification of, or other derogatory
action in relation to, his work which would be
prejudicial to his honor or reputation;
and193.4. To restrain the use of his name with
respect to any work not of his own creation or
in a distorted version of his work.
Moral rights pertain to Attribution and integrity
Author
The of speeches, lectures,

sermons, addresses, and dissertations
mentioned in the preceding paragraphs shall
have the exclusive right of making a
collection of his works.
The reproduction and communication to the True

public of literary, scientific or artistic works
as part of reports of current events by means
of photography, cinematography or
broadcasting to the extent necessary for the
purpose shall not constitute infringement of
copyright.
Derivative works shall be protected as New
works: Provided however, That

such new work shall not affect the force of
any subsisting copyright upon the original
works employed or any part thereof, or be
construed to imply any right to such use of
the original works, or to secure or extend
copyright in such original works. (Sec. 8, P.
D. 49; Art. 10, TRIPS)
Dillman Publishing Company commissioned Yes. Dillman Publishing sold and distributed
Braille experts to transcribe popular novels, the Braille-formatted books for profit.
like the Twilight, Harry Potter and Lord
of the Ring series, into Braille. It made sure
that the respective authors were properly
informed of the project and cited in the
finished products. Believing that the project
was ahead-of-its-time, Dillman Publishing
intended to the the books at a premium.
Would it be violating any copyright?
The U. S. Supreme Court in the Sony v. True. Special private benefit is a means to
Universal Case, 464 U.S. 417 (1984), ensure and promote a public interest.
declared that the monopoly granted to authors
of copyrightable works to enjoy the fruits of
their labor is neither unlimited nor primarily
designed to provide a special private benefit.
It is understood to be a means to an end.
In the case of a work-commissioned by a True

person other than an employer of the author
and who pays for it and the work is made in
pursuance of the commission, the person who
so commissioned the work shall have
ownership of work, but the copyright thereto
shall remain with the creator, unless there is a
written stipulation to the contrary.
Under Section 216.1 (b), in case the infringer NOT double the statutory damages provided
was not aware and had no reason to believe in case of infringement, absent any good
that his acts constitute an infringement of faith;

copyright, the court, in its discretion, may
reduce the award of statutory damages to a
sum of not more than Ten Thousand Pesos
(Php10,000.00), except when the infringer,
having reasonable grounds to know that it
will induce, enable, facilitate or conceal the
infringement, remove or alter any electronic
rights management information from a copy
of a work, sound recording, or fixation of a
performance, or distribute, import for
distribution, broadcast, or communicate to the
public works or copies of works without
authority, knowing that electronic rights
management information has been removed
or altered without authority. In such a case,
the award of damages shall be:
Sec. 192. Notice of Copyright. - Each copy of False

a work published or offered for sale shall
contain a notice bearing the name of the
copyright owner, and the year of its first
publication, and, in copies produced after the
creators death, the year of such death. (Sec.
27, P. D. No. 49a), otherwise, there shall be
no legal protection for the work.
Rights Management Information, as defined items of information that are attached to a

in Article 12 (2) of the WCT and Article 19 copy of a work, fixed performance or
(2) of the WPPT, are: phonogram or which appear in connection
with the communication thereof to the public.
Such information may identify the work and
its author, or the performance and its
performer, the phonogram and its producer,
the owner of any right in the performance or
phonogram, or information about the terms
and conditions of use of the work,
performance or phonogram, and any numbers
or codes that represent such information.
Moral rights shall not be assignable or subject True

to license.
The rights granted to producers of sound False

recordings, for sound or image and sound
recordings and for performances incorporated
therein, fifty (50) years from the end of the
year in which the performance took place.
The recording made in schools, universities, True
or educational institutions of a work included
in a broadcast for the use of such schools,
universities or educational institutions:
Provided, That such recording must be
deleted within a reasonable period after they
were first broadcast shall not constitute
infringement of copyright. Provided, further,
That such recording may not be made from
audiovisual works which are part of the
general cinema repertoire of feature films
except for brief excerpts of the work.
In ELIDAD C. KHO vs. HON. COURT OF Trademark rights are acquired through
APPEALS, SUMMERVILLE GENERAL registration
MERCHANDISING and COMPANY, and
ANG TIAM CRAY, G.R. No. 115758. March
19, 2002, petitioner who had copyright over
Chin Chun Su and Oval Facial Cream
Container/Case (Certificates of Copyright
Registration No. 0-1358 and No. 0-3678) and
patent rights on Chin Chun Su & Device and
Chin Chun Su for medicated cream
(Registration Certificate No. 4529 under the
Supplemental Register of the Philippine
Patent Office) failed to secure an injunction
against persons who advertised and sold
petitioner's cream products under the brand
name Chin Chun Su, in similar containers that
petitioner uses.
public lending
171.5. is the transfer of
possession of the original or a copy of a work
or sound recording for a limited period, for
non-profit purposes, by an institution the
services of which are available to the public,
such as public library or archive;
The term of protection for sound or image and NOT Twenty (20) years from the date they
sound recordings and for performances took place.
incorporated therein is:
In case of audio-visual works including those fifty (50)

produced by process analogous to
photography or any process for making audio-
visual recordings, the term shall be _______
years from date of publication and, if
unpublished, from the date of making. (Sec.
24(C), P. D. No. 49a)
When I turn 64, I plan on inviting all my of Not Yes, because it's clear that the story of
my friends from six decades to a giant party his life is empty. His book more than
where food and wine will flow as never eloquently expresses such emptiness
before. There will be dancing, games and
merry-making. It will be a night never to be
forgotten. Before the evening shall end, I plan
to distribute my autobiography, a book bound
in soft calf leather with gold-edged pages,
entitled "It's My Life, Idiot!" If you are
brilliant, you will open the book and you will
find that NOT A WORD IS WRITTEN ON
ANY OF THE PAGES. (It's my life, idiot!)
As an IP student, what do you ask yourself:
"Is this guy crazy?" or "Is he saying his life is
empty?" or "Is his autobiography protected by
copyright?" What is your best answer to your
last question?
communication
to the public of a performance
or a sound recording" means the transmission
to the public, by any medium, otherwise than
by broadcasting, of sounds of a performance
or the representations of sounds fixed in a
sound recording. For purposes of Section 209,
the term includes making the sounds or
representations of sounds fixed in a sound
recording audible to the public.
187.2. The permission granted under False

shall extend to the reproduction of an entire
book, or a substantial part thereof, or of a
musical work in which graphics form by
reprographic means;
Under Section 216.1 (b), in case the infringer False

was not aware and had no reason to believe
that his acts constitute an infringement of
copyright, the court, in its discretion, may
reduce the award of statutory damages to a
sum of not more than Ten Thousand Pesos
(Php10,000.00), even when the infringer
circumvents effective technological measures.
The use made of a work by or under the False

direction or control of the Government, by the
National Library or by educational, scientific
or professional institutions where such use is
in the public interest and is compatible with
fair use shall constitute infringement of
copyright.
HOW MAY AN AFFIDAVIT EVIDENCE None of the above

HELP A COPYRIGHT OWNER IN AN
ACTION FOR INFRINGEMENT?
The Producer of a sound recording" is the First

person, or the legal entity, who or which takes
the initiative and has the responsibility for the
* fixation of the sounds of a performance or
other sounds, or the representation of sounds
Sec. 211. Scope of Right. - Subject to the The commercial rental to the public of the
provisions of Section 212, broadcasting original and copies of their sound recordings.
organizations shall enjoy the exclusive right
to carry out, authorize or prevent any of the
following acts, except
The public performance or the True

communication to the public of a work, in a
place where no admission fee is charged in
respect of such public performance or
communication, by a club or institution for
charitable or educational purpose only, whose
aim is not profit making, subject to such other
limitations as may be provided in the
Regulations shall not constitute infringement
of copyright
According to WIPO, Intellectual property is Industrial property & Copyright and related
usually divided into two branches. Choose rights
ALL correct answers
86. Jessie holds a copyright registration A and B

for a Utility Model, Leaf Spring Eye
Bushing for Automobile made up of
plastic. It is described as
comprising a generally cylindrical

body having a co-axial bore that is
centrally located and provided with a
perpendicular flange on one of its ends
and a cylindrical metal jacket
surrounding the peripheral walls of
said body, with the bushing made of
plastic that is either polyvinyl chloride
or polypropylene.[31] Likewise, the
Vehicle Bearing Cushion is illustrated
as a bearing cushion comprising a
generally semi-circular body having a
central hole to secure a conventional
bearing and a plurality of ridges
provided therefore, with said cushion
bearing being made of the same
plastic materials.
Jennifer produced and distributed

similar bushings. Jessie sued for
copyright infringement. The suit will
not prosper because:
Sec. 191. Deposit and Notice of Deposit with False

the National Library and the Supreme Court
Library. At any time during the subsistence of
the copyright, the owner of the copyright or of
any exclusive right in the work must, for the
purpose of completing the records of the
National Library and the Supreme Court
Library, register and deposit with them, by
personal delivery or by registered mail, two
(2) complete copies or reproductions of the
work in such form as the Directors of the said
libraries may prescribe in accordance with
regulations; Provided, That only works in the
field of law shall be deposited with the
Supreme Court Library. Such registration and
deposit is not a condition of copyright
protection.
No copyright shall subsist in any work of the True

Government of the Philippines
Pia Bautista, as the vocalist of a band, plans None of the above

to perform five original songs composed by
Alex Pormento during a concert at the UP
Theater for the benefit of the Philippine Red
Cross. These songs were never recorded,
publicly played or performed before by
anyone, anywhere. What should Pia do to
ensure that she commits no copyright
violation?
When an author contributes to a collective True

work, his right to have his contribution
attributed to him is deemed waived unless he
expressly reserves it. (Sec. 37. P. D. No. 49
Notwithstanding the provisions of Subsection NOT one

177.1, any library or archive whose activities
are not for profit may, without the
authorization of the author or copyright
owner, make a ___________ number of
copies of the work, as may be necessary for
such institutions to fulfill their mandate, by
reprographic reproduction:
Publication
202.6. of a fixed performance

or a sound recording" means the offering of
copies of the fixed performance or the sound
recording to the public, with the consent of
the right holder: Provided, That copies are
offered to the public in reasonable quality
While visiting Makati City in July, 2006, (a) and (b)

Anthony Pascual was able to visit the Ayala
Museum and view the original paintings of
such an up and coming painter, Roy
Fernando. Anthony happened to carry with
him his Nikon D2xs SLR digital camera with
him. He was able to take great photographs of
the paintings. Back home in Naga City,
Anthony decided to print his photographs on
T-shirts and peddle them outside the
Penafrancia Shrine during the Fiesta last
September. If you were consulted by Roy
Fernando, who was your best friend from
high school, you would recommend filing a
copyright infringement complaint against
Anthony on the basis of
Copyright, in the strict sense of the term, is Notwithstanding the provisions of Sections
purely a statutory right. It is a new or 172 and 173, no protection shall extend, under
independent right granted by the statute, and this law, to any idea, procedure, system
not simply a pre-existing right regulated by method or operation, concept, principle,
the statute. Being a statutory grant, the rights discovery or mere data as such, even if they
are only such as the statute confers, and may are expressed, explained, illustrated or
be obtained and enjoyed only with respect to embodied in a work; news of the day and
the subjects and by the persons, and on terms other miscellaneous facts having the character
and conditions specified in the statute. of mere items of press information; or any
official text of a legislative, administrative or
Since . . . copyright in published works is legal nature, as well as any official translation
purely a statutory creation, a copyright may thereof.
be obtained only for a work falling within the
statutory enumeration or description.
The foregoing was cited by the Supreme

Court in Joaquin versus Drilon, G.R. No.
108946. January 28, 1999, to arrive at the
conclusion that the format or mechanics of a
television show is not included in the list of
protected works xxx. The legal basis is
In case of photographic works, the protection fifty (50)

shall be for________ from publication of the
work and, if unpublished, from the making
Copyright shall be presumed to subsist in the True

work or other subject matter to which the
action relates if the defendant does not put in
issue the question whether copyright subsists
in the work or other subject matter
187.2. The permission granted under True

shall not extend to a computer program except
as provided in Section 189
affidavit evidence
An is an affidavit made before a
notary public by or on behalf of the owner of
the copyright in any work or other subject
matter and stating that: (a) At the time
specified therein, copyright subsisted in the
work or other subject matter; (b) He or the
person named therein is the owner of the
copyright; and (c) The copy of the work or
other subject matter annexed thereto is a true
copy thereof. This affidavit shall be admitted
in evidence in any proceedings under this
Chapter and shall be prima facie proof of the
matters therein stated until the contrary is
proved, and the court before which such
affidavit is produced shall assume that the
affidavit was made by or on behalf of the
owner of the copyright
The phrase technological protection False

measures (TPM) is not defined either in
the WCT or the WPPT. Nevertheless, it is a
broad term that covers many different types
of technologies used to control access to
copyright content, but not to prevent users
from copying protected content.
Probable cause has been uniformly defined as Must adhere to the requirement that "no less
such facts and circumstances which would than personal knowledge by the complainant
lead a reasonable, discreet and prudent man to or his witnesses of the facts upon which the
believe that an offense has been committed, issuance of a search warrant may be justified"
and that the objects sought in connection with in order to convince the judge, not the
the offense are in the place sought to be individual making the affidavit and seeking
searched. the issuance of the warrant, of the existence of
a probable cause.
Under prevailing jurisprudence, the
determination of probable cause
In societe des The dominancy test
Joy personal products As held in asia brewery
The dominancy test, applied in determining If the competing trademark contain

confusing similarity in trademarks, means
Section 123.3. The nature of the goods For the purpose of registration
In amigo manufacturing, inc GOLD TOP None of the above
Coca cola application be denied None of the above

How may an affidavit evidence None of the above
Senor lauroreyes Ramon is entityled to 5% of the

grossbproceeds
The term of protection for performance not 50 & 20

incorporated in recordings is
A certificate of registration 10
In elidad c. kho Trademarks are acquired through registration
Selecta Registrable because it has been invented for

the
In the ongpin memorandum False
In massohermanos It consists of her name
In mipuri v CA, the government official who Villafuerte

implemented
Google when may a mark that is identical with Never registrable
In ang versus teodoro 1942 The argument was sustained by the court
PHRASE IS NEVER USED ADJECTIVELY
Jessie holds A&b
172 and 173 Lifetime + 50

RestitutoBicomong FLAG Consists exclusively of signs that are generic
for the goods
In case of asia brewery Being of functional
COCA COLA oppose It is identical with well known
Article 6bis To protect well known marks
In asia brewery PILSEN The phrase Pilsen
Diamond not registrable because it is likely to mislead

the public
Copyright itself does not depend on official TRUE. Thus, WIPO does not offer
procedures
What is a trademark Any visible signs capable of distinguishing
By originality Copyright protection
In emerald garment In determining whether the trademarks
Copyrightabke works are protected From the moment of creation
The then ministry of trade Paris convention
How may the rights in a mark be acquired Through registration
The publisher of a book Reproduction of the typographical
The convention of paris for the protection of NOT none/giving/according

industrial
The mark Cosmopolite ; Registrable because it has no relation
The following are samples of descriptive marks Thin crust/1100% wool
See me, feel me Consists of immoral, deceptive
Keyboard Trademark
A mark which is considered by the competent True

authority keyboard
Literary abd artistic works, Lea salongas

Mike
Jose polapoy A transfer or assignment
What is well-known mark A mark that is declared as such party by a

judge
Brillianteverzosa The movie is protected irrespective of its

content
First-to-file False. Copyright accrues from the moment of

creation
Suggestive marks Microsoft/suprasilk/master roast
Abercrombie NONE OF THE ABOVE
The recordal system None of the above
A marks which is considered by the competent When used for identical or similar goods or
authority services
While visiting makati A and b
Original ornamental designs Not design is dictated
Copyright shall consist of the exclusive right to Copyright allows some monopoly subject to
carry out some limitations provided by law

The following provision normally Copyright or economic rights
In pearl & dean Not none of the abaove
In ELIDAD C. KHO reason for the failure Not the copyright
In Habana versus robles If somuch is taken
Probable cause Must adhere
Moral rights pertain to Attribution and integrity
Copyright, in the strict sense of the term, Notwithstanding
Frederick perez wrote and published Notto sue because no copyright
Continuing the saga CCTV network owns the copyright because

Fred peres wrote Scenario for Frederick, the
great
It turns out that fredperez lifted Junk it
Kyle so You advise rose publishing file an action for

damages
Yvonne is the school The public performance
The objective of the WIPO NOT true. When
In metro-goldwyn NOT one who
Trademark, copyright and patents are different NOT the foregoing provided the basis
In Filipino society of composers Simply chaitable
In Columbia pictures The obtainement
In the Columbia case NOT. It is true
To protect trademark owners, the law p False
A mark cannot be copyrighted if it consists False

2. An application for patent filed by any person who has previously
applied for the same invention in another country which, by treaty,
convention, or law affords similar privileges to Filipino citizens, shall
be considered as filed as of the date of filing the foreign application,
subject to certain conditions. This is called:
(1 point)
Right of Reciprocity
Right of Priority
Right of Preference
Right of Parity
12. An invention refers to any technical solution of a problem in any field

of human activity which is new, involves inventive step and is
industrially applicable. It may be, or may relate to:
(1 point)
A product, or process, or an improvement of any of the foregoing.
A useful machine, an implement or tool, a product or composition

or an improvement of any of the foregoing.
Any technical solution of a problem in any field of human

activity which is new and industrially applicable.
None of the above.

If two or more persons have made the invention jointly, the

right to the patent shall belong to the person who filed first an
application for such invention.
If two more persons have made the invention separately and

independently of each other, the right to the patent shall
belong to both who filed an application for such invention.
None of the above.

15. The principle of unity of invention requires that an application for
patent shall relate to one invention only or to a group of inventions
forming a single general inventive concept. Hence, the Director may
require that the application be restricted to a single invention in the
following case/s:
(1 point)
If the inventor sees an opportunity to create several

independent inventions may be claimed from the application
even if they form a single general inventive concept.
If several independent inventions do not form a single general

inventive concept are claimed in one application, as determined
by the Director.
If there are several inventions that form a single general inventive

concept are claimed in one application, as determined by the
Director.
A and C
4. A utility model registration shall expire, without any possibility of
7th
renewal, at the end of year after the date of the filing
the of the application.
(1 point)
5. Which does not belong to the group? (1 point)
Micro-organisms and non-biological and microbiological processes.
Discoveries, scientific theories and mathematical methods.
Methods for treatment of the human or animal body by surgery or

therapy and diagnostic methods practiced on the human or
animal body. This provision shall not apply to products and
composition for use in any of these methods
Schemes, rules and methods of performing mental acts, playing

games or doing business, and programs for computers.
6. The patent examiner, considering an application for patent
involving a gadget that will enable the user to see through human
flesh failed to consider that said application for patent related to a
group of inventions that did not form a single general inventive
concept. Eventually, a letters patent was granted. After discovering
the lapse, the Director decided to order the cancellation of the
patent. (1 point)
He is legally correct because he may require that the

application be restricted to a single invention.
He is legally correct because the patent has been granted on

an application that did not comply with the requirement of
unity of invention.
He is legally wrong because failure to comply with the

requirement of unity of invention shall not be a ground to cancel
the patent.
He is legally wrong because a divisional application filed for an

invention shall be considered as having been filed on the same
day as the first application if the later application is filed within
the period allowed, or as may be granted and each divisional
application shall not go beyond the disclosure in the initial
application.
25. Patents to protect inventions; and industrial designs, which are aesthetic
creations determining the appearance of industrial products, as well as
trademarks, service marks, layout-designs of integrated circuits,
commercial names and designations, geographical indications, and
protection against unfair competition fall under: (1 point)
Commercial Property
Pharmaceuticals
Industrial property

composition or an improvement of any of the foregoing, would be
a: (1 point)
Work of Applied Art
Industrial Design
Utility Model
Invention
Collective Mark
Trademark
Logo
Utility Design
31. Original ornamental designs or models for articles of manufacture

and other works of applied art are copyrightable. However, they may
also be registered as industrial designs under the law on patents if:
(1 point)
The design does not give a special appearance to nor serves

as pattern for an industrial product or handicraft.
The design gives a special appearance to and can serve as pattern
for an industrial product or handicraft.
The design is dictated essentially by technical or functional

considerations to obtain a technical result.
The design is not dictated essentially by technical or

functional considerations to obtain a technical result.

(1 point)
True
False
Felix Pormento, a neo-scientist, has been granted a filing date of July
5, 2007. It was published on February 20, 2010. It was subsequently
granted, after substantive examination, a patent. Said grant was
published in the IPO Gazette on July 5, 2013. Pormento learned that
Ramon Claveria made, produced, offered for sale and sold a drug
similar to Buntigon in or about November 2010. As of October 23,
2013, (1 point)
Pormento can file a patent infringement case against

Claveria because his rights retroact to the filing date.
Pormento cannot file a patent infringement case because the

infringing acts occurred in November, 2010.
Pormento can file a patent infringement case because

the infringing acts occurred in November, 2010.
Pormento cannot file a patent infringement case because a patent

takes effect on the date of the publication of the grant of the
patent in the IPO Gazette.
38. For an invention to be new, it must not be part of prior art. However,
the disclosure of information by the inventor contained in an
application during the twelve (12) months preceding the filing date or
the priority date of the application shall not be considered prior art.
This is referred to as (1 point)
Prejudicial disclosure.
Termination with extreme prejudice.
Non-prejudicial admission.
20
39. The term of a patent shall be years from the filing
date of the application. (Sec. 21, R. A. No. 165a)

(1 point)
EXCEPT: (1 point)
That what is claimed as the invention is not new or patentable;

invention.
That the patent does not disclose the invention in a manner

sufficiently clear and complete for it to be carried out by any
person skilled in the art;
That the patent is contrary to public order or morality.

HONORABLE COURT OF APPEALS and TRYCO PHARMA
CORPORATION, respondents, When the language of its claims is clear

and distinct, the patentee is bound thereby and may not claim
anything beyond them. And so are the courts bound which may not
add to or detract from the claims matters not expressed or
necessarily implied, nor may they enlarge the patent beyond the
scope of that which the inventor claimed and the patent office
allowed, even if the patentee may have been entitled to something
more than the words it had chosen would include.
The foregoing serves to emphasize that, in patent infringement cases,

(1 point)
The accuracy and completeness of the claims will not help
in determining the violations, if any, of the respondent.
The strength of plaintiffs cause of action will be based not so

much on the claims enumerated in the Patent as the acts of
defendant deemed in violation thereof.

None of the above.

True
False
49. When filing a patent application, the disclosure will not be legally
compliant unless:
(1 point)

sufficiently clear and complete for it to be carried out by a
person skilled in the art.

reasonably accurate and concise for it to be understood by a
person with sufficient discretion.
At all times, the application shall be supplemented by a deposit

of of the material sought to be patented with an international
depository institution.
The request shall contain a petition for the grant of the patent,
the name and other data of the applicant, the inventor and
the agent and the title of the invention.
58. The requirements of registrability of utility models are the
following, EXCEPT:
(1 point)
new
industrially applicable
original
novel
60. An invention qualifies for registration as a utility model if it is new
and involves an inventive step.
(1 point)
True. A utility model registration shall expire, without any

possibility of renewal, at the end of the seventh year after the
date of the filing of the application.
False. The rule is settled that the findings of fact of the Director
of Patents, especially when affirmed by the Court of Appeals, are
conclusive on this Court when supported by substantial evidence.

True. There must be industrial applicability.
68. In the case of a divisional application, a later application filed for an

invention divided out shall be considered as having been filed on the
same day as the first application if the later application is filed within
the period allowed, or as may be granted and each divisional
application shall not go beyond the disclosure in the initial application.
(1 point)
True
False
78. Only layout -designs of integrated circuits that are
____________ shall benefit from protection under the

law (1 point)
original
new
aesthetic
none of the above.
79. The registration for a period of ten (10) years, without renewal,
counted from the date of commencement of the protection accorded
thereto, applies to:
(1 point)
lay-out designs
industrial designs
copyrightable designs
fashion designs
86. A layout-design shall be considered original if it is the result of its

creator's own intellectual effort and is not commonplace among
creators of layout-designs and manufacturers of integrated circuits
at the time of its creation.
(1 point)
true
fase
It is not relevant.
None of the above
7. The following is part of prior art: (1 point)
Everything which has been made available to the public

anywhere in the world, before the filing date or the priority date
of the application claiming the invention.
The whole contents of an application for a trademark
registration, published in accordance with the IP Code filed or
effective in the Philippines, with a filing or priority date that is
earlier than the filing or priority date of the application.
The whole contents of a patent application which has validly

claimed the filing date of an earlier application under Section
31 of this Act.
None of the above.
92. A three-dimensional disposition, however expressed, of the elements, at

least one of which is an active element, and of some or all of the
interconnections of an integrated circuit, or such a three-dimensional
disposition prepared for an IC intended for manufacture is
a
(1 point)
Industrial Design
Trade secret
Logo
Work of Applied Art
Invention
Utility Model
Lay-out Design
Trademark
Utility Design
94. Which does not belong? The following shall be excluded from
patent protection:
(1 point)
Pythagorean Theorem
E=MC2
Cholecystectomy, appendectomy, cauterization
95. Gregory Moreland is a US citizen who has been a Philippine resident

for the last twenty years. By profession, he is an Engineer, but like a
little boy, he never ceases to tinker with gadgets and always dreams
of providing the world with the cheapest solutions to human
problems. One day, he applied with the IPO for a patent for his
invention, a head gear, which allows the wearer to listen to the
thoughts of persons within five meters away. The Patent Examiner, on
examination, ruled that the invention is NOT patentable because it is
not new. An new invention, to be patentable (1 point)
Must not be part of prior art.

Must not have been made available to the public anywhere in the
world, before the filing date or the priority date of the application
claiming the invention.
All of the above None

of the above.
96. An invention qualifies for registration as a utility model if it is new and

involves an inventive step.
(1 point)
False. The rule is settled that the findings of fact of the Director of
Patents, especially when affirmed by the Court of Appeals, are
conclusive on this Court when supported by substantial evidence.
True. A utility model registration shall expire, without any possibility

of renewal, at the end of the seventh year after the date of the filing
of the application.
98. The registration of an industrial design shall be for a period of five
years from the filing date of the application, subject to renewal for not
2
more than consecutive periods of five (5) years
each. (1 point)
1. Which does not belong to the group?
Schemes, rules and methods of performing mental acts, playing games or doing

business, and programs for computers.
Methods for treatment of the human or animal body by surgery or therapy and
diagnostic methods practiced on the human or animal body. This provision shall not
apply to products and composition for use in any of these methods
Discoveries, scientific theories and mathematical methods.
Micro-organisms and non-biological and microbiological processes. (correct answer,

your response)
2. A petition to cancel a registration of a mark may be filed with the Bureau of Legal Affairs
by any person who believes that he is or will be damaged by the registration of a mark at
any time, if the registered owner of the mark without legitimate reason fails to use the
mark within the Philippines, or to cause it to be used in the Philippines by virtue of a
license during an uninterrupted period of * years or longer.
3 (correct answer, your

response)
10
3. The following articles of imported merchandise shall be admitted to entry at any

customhouse of the Philippines:
Those which shall copy or simulate the name of any domestic product, or

manufacturer, or dealer. (your response)
Those which shall copy or simulate a mark registered in accordance with the IP

Code.
Those which shall bear a mark or trade name calculated to induce the public to

believe that the article is manufactured in the Philippines.
Those which shall bear a mark or trade name calculated to induce the public to
believe that the article is manufactured in any foreign country or locality where it is
the country or locality where it is in fact manufactured. (correct answer)
4. Unfair competition is not committed by:
A person, who is selling his goods and gives them the general appearance of goods of
another manufacturer or dealer, either as to the goods themselves or in the wrapping
of the packages in which they are contained, or the devices or words thereon, or in
any other feature of their appearance, which would be likely to influence purchasers
to believe that the goods offered are those of a manufacturer or dealer, other than the
actual manufacturer or dealer, or who otherwise clothes the goods with such
appearance as shall deceive the public and defraud another of his legitimate trade, or
any subsequent vendor of such goods or any agent of any vendor engaged in selling
such goods with a like purpose.
A person who by any artifice, or device, or who employs any other means calculated
to induce the false belief that such person is offering the services of another who has
identified such services in the mind of the public.
A person who shall make any false statement in the course of trade or who shall
commit any other act contrary to good faith of a nature calculated to discredit the
goods, business or services of another.
A person who uses in commerce any reproduction, counterfeit, copy, or colorable

imitation of a registered mark or the same container or a dominant feature thereof in
connection with the sale, offering for sale, distribution, advertising of any goods or

services including other preparatory steps necessary to carry out the sale of any
goods or services on or in connection with which such use is likely to cause
confusion, or to cause mistake, or to deceive. (correct answer, your response)
5. The requirements of registrability of utility models are the following, EXCEPT:
new
industrially applicable
original (correct

answer)
novel (your response)
6. Any visible sign capable of distinguishing goods or services (service mark) of an

enterprise and shall include a stamped or marked container of goods would be a:
Work of Applied Art
Industrial Design
Lay-out Designs
Utility Design
Invention
Logo
Trade secret
Utility Model
Trademark (correct answer, your

response)
7. The disclosure of information contained in the application during the twelve (12) months
preceding the filing date or the priority date of the application shall not prejudice the
applicant on the ground of lack of novelty if such disclosure was made the following,
except one:
The inventor.
A patent office and the information was contained in another application filed by the
inventor and should not have been disclosed by the office or in an application filed

without the knowledge or consent of the inventor by a third party which obtained the
information directly or indirectly from the inventor.
A third party which obtained the information directly or indirectly from the inventor.
None (correct answer, your response)
8. What is a patent?
A grant issued by the Philippine Government giving an inventor the right to exclude
others from making, using or selling his invention within the Philippines in exchange

for his patentable information or disclosure (Quid Pro Quo). (correct answer, your
response)
Any technical solution of a problem in any field of human activity which is new and

industrially applicable.
Indications that identify a good as originating in the territory of a country or a region

or locality in the territory, where a given quality, reputation, or other characteristic of
the good is essentially attributable to its geographical origin. Patents, in many

jurisdictions, refer to titles granted to inventions only. In the Philippines, patent had
been used in its generic sense, to include titles to inventions, utility models and
industrial designs.
Any visible sign capable of distinguishing the goods or services of an enterprise and

shall include a stamped or marked container of goods.
9. The following is part of prior art:
Everything which has been made available to the public anywhere in the world,
before the filing date or the priority date of the application claiming the invention.
The whole contents of an application for a trademark registration, published in

accordance with the IP Code filed or effective in the Philippines, with a filing or
priority date that is earlier than the filing or priority date of the application.
The whole contents of a patent application which has validly claimed the filing date

of an earlier application under Section 31 of this Act.
None of the above.

10. Under the IP Code, the First-to-File Rule has been adopted for copyrightable
works, trademarks and patents.
False. An application for registration of a mark filed in the Philippines by a person

referred to in Section 3 of the IP Code, and who previously duly filed an application

for registration of the same mark in one of those countries, shall be considered as
filed as of the day the application was first filed in the foreign country.
True. The use of the mark in a form different from the form in which it is registered,
which does not alter its distinctive character, shall not be ground for cancellation or
removal of the mark and shall not diminish the protection granted to the mark.
False. Copyright accrues from the moment of creation. (correct answer, your

response)
True. If two (2) or more persons have made the invention separately and
independently of each other, the right to the patent shall belong to the person who
filed an application for such invention, or where two or more applications are filed
for the same invention, to the applicant who has the earliest filing date or, the earliest
priority date.

respondents, When the language of its claims is clear and distinct, the patentee is bound
thereby and may not claim anything beyond them. And so are the courts bound which
may not add to or detract from the claims matters not expressed or necessarily implied,
nor may they enlarge the patent beyond the scope of that which the inventor claimed and
the patent office allowed, even if the patentee may have been entitled to something more
than the words it had chosen would include.
The foregoing serves to emphasize that, in patent infringement cases,
The accuracy and completeness of the claims will not help in determining the

violations, if any, of the respondent.

The strength of plaintiffs cause of action will be based not so much on the claims
enumerated in the Patent as the acts of defendant deemed in violation thereof.
The extent of protection conferred by the patent shall be determined by the claims,
which are to be interpreted in the light of the description and drawings. (correct
None of the above.
12. An invention refers to any technical solution of a problem in any field of human
activity which is new, involves inventive step and is industrially applicable. It may be, or
may relate to:
A product, or process, or an improvement of any of the foregoing. (correct answer,

your response)
A useful machine, an implement or tool, a product or composition or an improvement

of any of the foregoing.

None of the above.
13. The principle of unity of invention requires that an application for patent shall
relate to one invention only or to a group of inventions forming a single general inventive
concept. Hence, the Director may require that the application be restricted to a single
invention in the following case/s:
If the inventor sees an opportunity to create several independent inventions may be

claimed from the application even if they form a single general inventive concept.
If several independent inventions do not form a single general inventive concept are

claimed in one application, as determined by the Director. (correct answer)
If there are several inventions that form a single general inventive concept are

claimed in one application, as determined by the Director.
A and C (your response)
14. The mark "Callista Flockhart", as used for tonic drinks and and health products,
is:
Registrable because a generic term is one that refers, or has come to be understood as

referring, to the genus of which the particular product is a species.
Not registrable because a generic term is one that refers, or has come to be

understood as referring, to the genus of which the particular product is a species.
Not registrable because it is likely to mislead the public, particularly as to the nature,

quality, characteristics or geographical origin of the goods or services.
Registrable because nature of the goods to which the mark is applied will not

constitute an obstacle to registration.
Registrable because it has no relation to the goods or services being sold.
Registrable because it has been invented for the sole purpose of functioning as a

trRegistrable because ademark and have no other meaning than acting as a mark.
Not registrable because it serves in trade to designate the kind, quality, quantity,
intended purpose, value, geographical origin, time or production of the goods or
rendering of the services, or other characteristics of the goods or services.
None of these
Not registrable unless Ms. Flockhart gives her blessing . (correct answer, your

response)
15. The following mark may not be registrable as it may not acquire a secondary
meaning:
it consists exclusively of signs or of indications that may serve in trade to designate

the kind, quality, quantity, intended purpose, value, geographical origin, time or

production of the goods or rendering of the services, or other characteristics of the
goods or services;
it consists of shapes that may be necessitated by technical factors or by the nature of

the goods themselves or factors that affect their intrinsic value;
it consists exclusively of signs or of indications that have become customary or usual

to designate the goods or services in everyday language or in bona fide and
established trade practice; (correct answer, your response)
None.
16. Industrial applicability means
The invention must be of practical use, or capable of some kind of industrial

application. (correct answer, your response)
The invention must involve an inventive step.
The invention must be new and not part of prior art.
The invention must be a solution to a technical problem.
17. A petition to cancel a registration of a mark may be filed with the Bureau of Legal
Affairs by any person who believes that he is or will be damaged by the registration of a
mark at any time, if the registered mark is being used by, or with the permission of, the
registrant so as to misrepresent the source of the goods or services on or in connection
with which the mark is used.
partly true
true (correct answer, your

response)
false
not true not false.
18. A trademark application which consists of the word Mike and the design below
has been filed for clothing and shoes. The application will most likely be rejected because
it:
Consists of immoral, deceptive or scandalous matter, or matter which may disparage

or falsely suggest a connection with persons, living or dead, institutions, beliefs, or
national symbols, or bring them into contempt or disrepute;
Consists of a name, portrait or signature identifying a particular living individual or

the name, signature, or portrait of a deceased President of the Philippines, during the
life of his widow, if any, except by written consent of the widow;
Consists of a name, portrait or signature identifying a particular deceased individual,

or the name, signature, or portrait of the husband of a living President of the

Philippines, during the life of his widow, if any, except by written consent of the
widow;

19. What is a Trademark?


industrial designs.
shall include a stamped or marked container of goods. (correct answer, your
response)
for his patentable information or disclosure (Quid Pro Quo).

20. Jessie holds a copyright registration for a Utility Model, Leaf Spring Eye
Bushing for Automobile made up of plastic. It is described as
comprising a generally cylindrical body having a co-axial bore that is centrally located
and provided with a perpendicular flange on one of its ends and a cylindrical metal jacket
surrounding the peripheral walls of said body, with the bushing made of plastic that is
either polyvinyl chloride or polypropylene.[31] Likewise, the Vehicle Bearing Cushion is
illustrated as a bearing cushion comprising a generally semi-circular body having a
central hole to secure a conventional bearing and a plurality of ridges provided therefore,
with said cushion bearing being made of the same plastic materials.
Jennifer produced and distributed similar bushings. Jessie sued for copyright
infringement. The suit will not prosper because:
The bushings are not intellectual creations in the literary and artistic domain, or
works of applied art. They are certainly not ornamental designs or one having
decorative quality or value.

None of these.
21. When two (2) or more persons have jointly made an invention, the right to a
_________ shall belong to them jointly.
trademark
copyright
neighboring right
utility model
patent (correct answer, your

response)
22. Who is one who actively induces the infringement of a patent or provides the
infringer with a component of a patented product or of a product produced because of a
patented process knowing it to be especially adopted for infringing the patented invention
and not suitable for substantial non-infringing use?
innocent infringer
contributory infringer (correct answer, your

response)
vicarious infringer
direct infringer
23. Except in one instance below, infringement shall be committed by any person
who shall, without the consent of the owner of the registered mark by:
Use in commerce of any reproduction, counterfeit, copy, or colorable imitation of a

registered mark or the same container or a dominant feature thereof in connection
with the sale, offering for sale, distribution, advertising of any goods or services

including other preparatory steps necessary to carry out the sale of any goods or
services on or in connection with which such use is likely to cause confusion, or to
cause mistake, or to deceive.
Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant

feature thereof and apply such reproduction, counterfeit, copy or colorable imitation
to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to

be used in commerce upon or in connection with the sale, offering for sale,
distribution, or advertising of goods or services on or in connection with which such
use is likely to cause confusion, or to cause mistake, or to deceive.
Employ deception or any other means contrary to good faith by which he shall pass
off the goods manufactured by him or in which he deals, or his business, or services

for those of the one having established such goodwill, or who shall commit any acts
calculated to produce said result. (correct answer, your response)
None in the list
24. In trademark infringement, damages may be doubled when:

attended by circumvention of technological protection measures.
actual intent to mislead the public or to defraud the complainant is shown. (correct

in the discretion of the court, it says so.
when there is alteration of rights management information.
None
25. How may the rights in a mark be acquired ?
Trademark rights are acquired through first use and adoption of the mark.
Trademark rights are acquired through intellectual creation.
Trademark rights are acquired from the moment of creation.
Trademark rights are acquired through registration. (correct answer, your

response)
26. A three-dimensional disposition, however expressed, of the elements, at least one

of which is an active element, and of some or all of the interconnections of an integrated
circuit, or such a three-dimensional disposition prepared for an IC intended for
manufacture is a
Invention
Trade secret
Utility Model
Utility Design
Trademark
Logo
Industrial Design
Work of Applied Art
Lay-out Design (correct answer, your

response)
27. Notwithstanding the provisions on the cancellation of trademarks before the IPO,
the Regional Trial Court, vested with jurisdiction to hear and adjudicate any action to
enforce the rights to a registered mark shall likewise exercise jurisdiction to determine
whether the registration of said mark may be cancelled.
partly true

response)
false
not true not false
28. Any interested person may petition to cancel the patent or any claim thereof, or
parts of the claim, on any of the
following grounds, except one:
That what is claimed as the invention is not new or patentable.
That the patent does not disclose the invention in a manner sufficiently clear and

complete for it to be carried out by any person skilled in the art.
That what is claimed in the patent is not sufficiently distinct. (correct answer, your

response)
29. A Government agency or third person authorized by the Government may exploit
the invention even without agreement of the patent owner in any of the following, except
one, cases:
The public interest, in particular, national security, nutrition, health or the

development of other sectors, as determined by the appropriate agency of the
government, so requires; or
A judicial or administrative body has determined that the manner or exploitation, by

the owner of the patent or his licensee, is anticompetitive; or
In the case of drugs and medicines, there is a national emergency or other

circumstance of extreme urgency requiring the use of the invention; or
In the case of drugs and medicines, there is public noncommercial use of the patent

by the patentee, with satisfactory reason; or (correct answer, your response)
In the case of drugs and medicines, the demand for the patented article in the
Philippines is not being met to an adequate extent and on reasonable terms, as
determined by the Secretary of the Department of Health."

30. Prior art shall consist of the following, except one:
Everything which has been made available to the public anywhere in the world,

before the filing date or the priority date of the application claiming the invention.
The whole contents of an application for a patent, utility model, or industrial design
registration, published in accordance with this Act, filed or effective in the

Philippines, with a filing or priority date that is earlier than the filing or priority date
of the application.
disclosure of information contained in the application during the twelve (12) months
preceding the filing date or the priority date of the application shall not prejudice the

applicant on the ground of lack of novelty if such disclosure was made by the
inventor. (correct answer, your response)
31. Which does not belong? The following shall be excluded from patent protection:
Pythagorean Theorem
E=MC2
Laparoscopic machine for cholecystectomy. (correct answer, your

response)
Cholecystectomy, appendectomy, cauterization
32. The mark "Cosmopolite", as used for canned tuna, is:




Registrable because it has no relation to the goods or services being sold. (correct


None of these
33. In AMIGO MANUFACTURING, Inc., petitioner, vs. CLUETT PEABODY CO.,

INC., respondent, the findings of the then Bureau of Patents that GOLD TOP was
confusingly and deceptively similar to GOLD TOE was sustained by Supreme Court by
invoking:
The dominancy test
The law of equivalents

None of the above. (correct answer, your
response)
34. Section 123.2, which provides that As regards signs or devices mentioned in
paragraphs (j), (k), and (l), nothing shall prevent the registration of any such sign or
device which has become distinctive in relation to the goods for which registration is
requested as a result of the use that have been made of it in commerce in the Philippines.
The Office may accept as prima facie evidence that the mark has become distinctive, as
used in connection with the applicants goods or services in commerce, proof of
substantially exclusive and continuous use thereof by the applicant in commerce in the
Philippines for five (5) years before the date on which the claim of distinctiveness is
made defines the concept of:
secondary meaning (correct answer, your

response)
holistic approach
dominant approach
doctrine of equivalents
none
35. A registered mark shall not be deemed to be the generic name of goods or
services solely because such mark is also used as a name of or to identify a unique
product or service.
partly true
true (correct

answer)
false (your

response)
not true not false.
36. An interested person may petition to cancel a patent or any claim thereof, or parts
of the claim, on any of the following grounds, EXCEPT:
That what is claimed as the invention is not new or patentable;
The application did not comply with the requirement of unity of invention. (correct

That the patent does not disclose the invention in a manner sufficiently clear and

complete for it to be carried out by any person skilled in the art;
37. Gregory Moreland is a US citizen who has been a Philippine resident for the last
twenty years. By profession, he is an Engineer, but like a little boy, he never ceases to
tinker with gadgets and always dreams of providing the world with the cheapest solutions
to human problems. One day, he applied with the IPO for a patent for his invention, a
head gear, which allows the wearer to listen to the thoughts of persons within five
meters away. The Patent Examiner, on examination, ruled that the invention is NOT
patentable because it is not new. An new invention, to be patentable
Must not be part of prior art. (correct answer)
Must not have been made available to the public anywhere in the world, before the

filing date or the priority date of the application claiming the invention.
All of the above (your response)
None of the above.
38. The then Ministry of Trade on November 20, 1980 issued a memorandum
addressed to the Director of the Patents Office directing the latter
". . . reject all pending applications for Philippine registration of signature and other
world famous trademarks by applicants other than its original owners or users.
"The conflicting claims over internationally known trademarks involve such name brands
as Lacoste, Jordache, Gloria Vanderbilt, Sasson, Fila, Pierre Cardin, Gucci, Christian
Dior, Oscar de la Renta, Calvin Klein, Givenchy, Ralph Lauren, Geoffrey Beene, Lanvin
and Ted Lapidus.
"It is further directed that, in cases where warranted, Philippine registrants of such
trademarks should be asked to surrender their certificates of registration, if any, to avoid
suits for damages and other legal action by the trademarks' foreign or local owners or
original users."
This administrative issuance was made pursuant to
Rome Convention
TRIPS
Berne Convention
Paris Convention (correct answer, your

response)
39. For an invention to be new, it must not be part of prior art. However, the
disclosure of information by the inventor contained in an application during the twelve
(12) months preceding the filing date or the priority date of the application shall not be
considered prior art. This is referred to as
Prejudicial disclosure.
Termination with extreme prejudice.
Non-prejudicial disclosure. (correct answer, your

response)
Non-prejudicial admission.
40. The Dominancy Test, applied in determining confusing similarity in trademarks,

means:
It is elementary that a patent may be infringed where the essential or substantial

features of the patented invention are taken or appropriated, or the device, machine or
other subject matter alleged to infringe is substantially identical with the patented

invention. In order to infringe a patent, a machine or device must perform the same
function, or accomplish the same result by identical or substantially identical means
and the principle or mode of operation must be substantially the same.
If the competing trademark contains the main or essential or dominant features of

another, and confusion and deception is likely to result, infringement takes place.

Duplication or imitation is not necessary; nor is it necessary that the infringing label
should suggest an effort to imitate. (correct answer, your response)
In determining whether the trademarks are confusingly similar, a comparison of the

words is not the only determinant factor. The trademarks in their entirety as they
appear in their respective labels or hang tags must also be considered in relation to
the goods to which they are attached. The discerning eye of the observer must focus
not only on the predominant words but also on the other features appearing in both
labels in order that he may draw his conclusion whether one is confusingly similar to
the other.
All of the above.

41. Under the law on Patent, the right to a patent belongs to:
the person who created the invention. (correct answer)
the putative heirs of the inventor.
the person who filed first the application for the invention. (your response)
the employee who made the invention in the course of his employment

contract.
42. Ms. Celina Conti applied for registration of the mark consisting of the logo
below:for massage and spa services (Class 42 Miscellaneous Services). The Coca-Cola
Company has existing registrations under Classes 05 06 08 09 11 14 16 18 20 21 24 25
26 27 28 32 34. Coca-Cola Company will probably oppose the application upon the
ground that:
It is immoral, deceptive or scandalous to use Coca-cola for massage and/or spa

services.

which is considered by the competent authority of the Philippines to be well-known
internationally and in the Philippines, whether or not it is registered here, as being
already the mark of a person other than the applicant for registration, and used for
identical or similar goods or services.

considered well-known, which is registered in the Philippines with respect to goods

or services which are not similar to those with respect to which registration is applied
for. (correct answer)
None of the above as there is no ground to oppose. (your response)

43. A trademark application which consists of the words See Me, Feel Me and the
picture shown has been filed for Intimate Apparel.The application will most likely be
rejected because it:
Consists exclusively of signs that are generic for the goods or services that they seek

to identify;
Consists of immoral, deceptive or scandalous matter, or matter which may disparage

or falsely suggest a connection with persons, living or dead, institutions, beliefs, or

national symbols, or bring them into contempt or disrepute; (correct answer, your
response)
Consists of a name, portrait or signature identifying a particular living individual

except by his written consent, or the name, signature, or portrait of a deceased

President of the Philippines, during the life of his widow, if any, except by written
consent of the widow;
None of the above.
44. The recordal system of registration in the Copyright Office is different from the
Trademark system of registration in that
In the Trademark Register, the issuance of registration is ministerial upon submission

of an application that is complete in form and substance.

authorship by a registrant with respect to a copyrightable work.

In the Trademark Register, there is a substantive examination conducted to determine
the registrability of copyrightable works.
45. The First to File Rule simply means that:
If two or more persons have made the invention jointly, the right to the patent shall

belong to the person who filed first an application for such invention.
If there are two or more applications are filed for the same invention, to the applicant
who has the earliest filing date or, the earliest priority date. (correct answer, your
response)
If two more persons have made the invention separately and independently of each
other, the right to the patent shall belong to both who filed an application for such
invention.
None of the above.
46. Joy Personal Products, Inc. manufactures and distributes toothpaste in tubes under
the trademark Calgary Fresh. Colgate Palmolive has sought your opinion on whether
Joy Personal Products Inc. is committing unfair competition because, among other
matters, it is also using plastic tubes in the marketing of its toothpaste products. You
advise Colgate that the use of plastic tubes cannot per se be a ground to impute unfair
competition because:
As held in CONVERSE RUBBER CORPORATION and EDWARDSON

MANUFACTURING CORPORATION, plaintiffs-appellants, vs. JACINTO
RUBBER & PLASTICS CO., INC., and ACE RUBBER & PLASTICS

CORPORATION, defendants-appellants, "the respective designs, shapes, the colors
of the ankle patches, the bands, the toe patch and the soles of the two products are
exactly the same . . . (such that) "at a distance of a few meters, it is impossible to
distinguish "Custombuilt" from "Chuck Taylor". These elements are more than
sufficient to serve as basis for a charge of unfair competition.

first to use the steinie bottle does not give SMC a vested right to use it to the
exclusion of everyone else. Being of functional or common use, and not the exclusive
invention of any one, it is available to all who might need to use it within the
industry. Nobody can acquire any exclusive right to market articles supplying simple
human needs in containers or wrappers of the general form, size and character
commonly and immediately used in marketing such articles xxx. (correct answer,
your response)
a) and b)
None of the above.
47. Section 123.3. of the IP Code provides that The nature of the goods to which the
mark is applied will not constitute an obstacle to registration. (Sec. 4, R. A. No. 166a).
This provision means that:
Trademark applications for sex toys may not be granted because sex toys are contrary

to public morals.
In any suit for infringement, the owner of the registered mark shall not be entitled to
recover profits or damages unless the acts have been committed with knowledge that
such imitation is likely to cause confusion, or to cause mistake, or to deceive.
For purposes of registration, what the IPO examines is not the product or service to

which a mark is to be applied, but the mark itself. (correct answer, your response)
None of the above.
48. What is a well-known mark?

a mark that is so declared by a competent and authoritative business based on its

profitability.
a mark that is popular and known all over the world.
a mark that is declared as such by a judge based on certain given criteria. (correct

a mark that attains at least US$3B in value.
49. Where goods and/or services belonging to several classes of the Nice
Classification have been included in one (1) application, such an application shall result
in _____ registration.
one (correct answer, your

response)
two
multiple
omnibus
50. A technical solution of a problem in any field of human activity, to be patentable,

must be, among other traits:
Aesthetic
Original Disincentive Step
industrially vulnerable
novel (correct answer, your

response)
51. If a person who made the invention and filed the application for patent other than
the applicant, is declared by final court order or decision as having the right to the patent,
such person may, within three (3) months after the decision has become final do any or
some of the following, except one:
Prosecute the application as his own application in place of the

applicant, or
File a new patent application in respect of the same invention; or
Seek damages for the applicant (correct answer, your response)
Request that the application be refused; or
Seek cancellation of the patent, if one has already been issued.
52. In an action for trademark infringement, the court may order that goods found to
be infringing be, without compensation of any sort, disposed of outside the channels of
commerce in such a manner as to avoid any harm caused to the right holder, or destroyed;
and all labels, signs, prints, packages, wrappers, receptacles and advertisements in the
possession of the defendant, bearing the registered mark or trade name or any
reproduction, counterfeit, copy or colorable imitation thereof, all plates, molds, matrices
and other means of making the same, shall be delivered up and destroyed when:

a violation of any right of the owner of the registered mark is established. (correct
answer)
the owner of the registered trademark posts a bond.
the alleged infringer delays the case.
the infringing goods bear trademarks confusingly similar to a well-known mark. (your

response)
53. In PEARL & DEAN (PHIL.), INC., vs. SHOEMART, INCORPORATED, G.R.
No. 148222. August 15, 2003, the Supreme Court quoted the US case of Baker vs.
Selden:
xxx
A treatise on the composition and use of medicines, be they old or new; on the
construction and use of ploughs or watches or churns; or on the mixture and application
of colors for painting or dyeing; or on the mode of drawing lines to produce the effect of
perspective, would be the subject of copyright; but no one would contend that the
copyright of the treatise would give the exclusive right to the art or manufacture
described therein.
xxx
This means that:
Construction of light boxes from technical drawings violates copyright.
Preparing Roast Pig a la Marketmanila (http://www.marketmanila.com/) as described

in his blog site (http://www.marketmanila.com/) does not violate copyright. (correct
answer)
Planting rice, as described in a Filipino folk song, is never fun.

54. In ASIA BREWERY, INC. vs. COURT OF APPEALS, G.R. No. 103543. July 5,
1993, the Supreme Court ruled that The fact that the words pale pilsen are part of ABI's
trademark does not constitute an infringement of SMC's trademark xxx. The reason for
this is that:
The phrase pale pilsen is generic words descriptive of the color of a type of beer.

"Pilsen" is a not primarily geographically descriptive word," hence, registerable and

appropriable by a beer manufacturer.
Pilsen is a kind of beer that even justices cannot resist.
All of the above.
None of the above
55. In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE

GENERAL MERCHANDISING and COMPANY, and ANG TIAM CRAY, G.R. No.
115758. March 19, 2002, petitioner who had copyright over Chin Chun Su and Oval
Facial Cream Container/Case (Certificates of Copyright Registration No. 0-1358 and No.
0-3678) and patent rights on Chin Chun Su & Device and Chin Chun Su for medicated
cream (Registration Certificate No. 4529 under the Supplemental Register of the
Philippine Patent Office) failed to secure an injunction against persons who advertised
and sold petitioner's cream products under the brand name Chin Chun Su, in similar
containers that petitioner uses.
Trademark rights are acquired through registration. (correct answer, your response)
The copyright of the treatise does not give to the author the exclusive right to the art

or manufacture described in his work.

None of the above.
56. Any patentee, or anyone possessing any right, title or interest in and to the
patented invention, whose rights have been infringed, may bring a * action before a court
of competent jurisdiction, to recover from the infringer such damages sustained thereby,
plus attorneys fees and other expenses of litigation, and to secure an injunction for the
protection of his rights.
quasi-judicial
civil (correct answer, your

response)
criminal
all of these
57. Restituto Bicomong is such a patriotic fellow. When he decided to distribute

abroad his uniquely designed buri mats, he came up with a trademark application
consisting of the word Banig and the representation of the Philippine Flag, as
shown.The application will most likely be denied by IPO even if Resty removed the
Philippine Flag because a mark may not be registrable if it:
Is likely to mislead the public, particularly as to the nature, quality, characteristics or

geographical origin of the goods or services;

to identify; (correct answer, your response)
Consists exclusively of signs or of indications that have become customary or usual
to designate the goods or services in everyday language or in bona fide and
established trade practice;
None of the above.
58. An application for patent filed by any person who has previously applied for the
same invention in another country which by treaty, convention, or law affords similar
privileges to Filipino citizens, shall be considered as filed as of the date of filing the
foreign application: Provided, That: (a) the local application expressly claims priority; (b)
it is filed within twelve (12) months from the date the earliest foreign application was
filed; and (c) a certified copy of the foreign application together with an English
translation is filed within six (6) months from the date of filing in the Philippines
describes a
Right to patent
Right to Invent
Right of Priority (correct answer, your

response)
Right of Application
59. A layout-design shall be considered original if it is the result of its creator's own
intellectual effort and is not commonplace among creators of layout-designs and
manufacturers of integrated circuits at the time of its creation.

response)
fase
It is not relevant.
None of the above
60. The effect of the non-payment of the annual fee to maintain the patent or the
application is that the patent application shall be deemed
archived until payment is made.
withdrawn or the patent considered as lapsed. (correct answer)
rejected or denied from the day following the expiration of the period within which

the annual fees were due. (your response)
rejected subject to payment of the annual fee.
103543. July 5, 1993, it was also held that The petitioner's contention that bottle size,
shape and color may not be the exclusive property of any one beer manufacturer is well
taken (Emphasis supplied). The reason is that, at least in the said case,
SMC' was not the first to use the steinie bottle; hence, SMC cannot claim a vested

right to use it to the exclusion of everyone else.
Being of functional or common use, and not the exclusive invention of any one, it is
available to all who might need to use it within the industry. (correct answer, your
response)
A and b above.
None of the above.
62. The registration for a period of ten (10) years, without renewal, counted from the
date of commencement of the protection accorded thereto, applies to:
lay-out designs (correct answer, your

response)
industrial designs
copyrightable designs
fashion designs
63. A petition to cancel a registration of a mark may be filed with the Bureau of Legal
Affairs by any person who believes that he is or will be damaged by the registration of a
mark, except:
if the registered mark has been abandoned.
its registration was obtained fraudulently or contrary to the provisions of

this Act.
if the registered mark has been infringed. (correct answer, your response)
None.

64. An invention qualifies for registration as a utility model if it is new and involves
an inventive step.
False. The rule is settled that the findings of fact of the Director of Patents, especially
when affirmed by the Court of Appeals, are conclusive on this Court when supported
by substantial evidence.
True. A utility model registration shall expire, without any possibility of renewal, at

the end of the seventh year after the date of the filing of the application.
False. Inventive step is not necessary. (correct answer, your response)
65. A certificate of registration of a mark shall be prima facie evidence of the

following, save one:
validity of the registration
legal infirmity of confusingly similar marks. (correct answer, your response)
the registrants ownership of the mark,
the registrants exclusive right to use the same in connection with the goods or

services and those that are related thereto specified in the certificate.
66. In Ang versus Teodoro, G.R. No. 48226. December 14, 1942, petitioner made a
frontal sledge-hammer attack on the validity of respondent's trademark "Ang Tibay" by
contending that the phrase "Ang Tibay" as employed by the respondent on the articles
manufactured by him is a descriptive term because, "freely translated in English," it
means "strong, durable lasting." She argued that words or devices which relate only to the
name, quality, or description of the merchandise cannot be the subject of a trade-mark.
This argument was sustained by the Court, further holding that function of a trade-
mark is to point distinctively, either by its own meaning or by association, to the
origin or ownership of the wares to which it is applied.
This argument was rejected by the Court, further holding that function of a trade-
mark is to point distinctively, either by its own meaning or by association, to the
quality, or description of the merchandise or of the wares to which it is applied.
This argument was sustained by the Court, further holding that n inquiry into the
etymology and meaning of the Tagalog words "Ang Tibay," shows that the phrase is

never used adjectively to define or describe an object. (correct answer, your
response)
This argument was sustained by the Court, further holding that n inquiry into the
etymology and meaning of the Tagalog words "Ang Tibay," shows that the phrase
may be used adjectively to define or describe an object.
67. If two (2) or more persons have made the invention separately and independently
of each other, the right to the patent shall belong to
the person who signed and prepared an application for such invention.
the person who prepared an application for such invention.
the person who signed an application for such invention.
the person who filed an application for such invention. (correct answer, your

response)

68. In any suit for infringement, the owner of the registered mark shall not be entitled
to recover profits or damages unless the acts have been committed with knowledge that
such imitation is likely to cause confusion, or to cause mistake, or to deceive. Such
knowledge is presumed in the following cases, except one:
if the registrant gives notice that his mark is registered by displaying with the mark

the words "Registered Mark.
if the registrant gives notice that his mark is registered by displaying with the

markthe letter R within a circle.
if the registrant gives notice that his mark is registered by displaying with the mark

the letter C within a circle. (correct answer, your response)
if the defendant had otherwise actual notice of the registration.
69. Inventive step means
The invention must be of practical use, or capable of some kind of industrial

application.
The invention is not obvious to person with average knowledge of the technical field.

The invention must be new and not part of prior art.
The invention must be a solution to a technical problem.
70. The patent shall belong to the employer of an employee who made the invention
in the course of his employment contract
even if the invention is the result of the performance by the employee outside of his

regularly-assigned duties.
if the invention is the result of the performance of his specially-assigned duties,

unless there is an agreement, express or implied, to the contrary.
if the invention is the result of the performance of the employees regularly-assigned

duties, unless there is an agreement, express or implied, to the contrary. (correct
if the invention is not the result of the performance of his regularly-assigned duties,

unless there is an agreement, express or implied, to the contrary.
71. The filing date of an application shall be the date on which the Office received the
following indications and elements in English or Filipino, except:
An express or implicit indication that the registration of a mark is

sought;
The identity of the applicant;
Indications sufficient to contact the applicant or his representative,

if any;
A reproduction of the mark whose registration is sought;
The list of the goods or services for which the registration is sought.
none (correct answer, your response)
72. Any technical solution of a problem in any field of human activity which is new
and industrially applicable and which may be, or may relate to, a useful machine, an
implement or tool, a product or composition or an improvement of any of the foregoing,
would be a:
Trademark
Logo
Industrial Design
Work of Applied Art
Collective Mark
Utility Design
Utility Model (correct

answer)
Invention (your response)
73. In Abercrombie & Fitch Co. v. Hunting World, Inc., a classification scheme was
adopted by the court to determine the extent of protection a word mark would be
afforded. This trademark strength spectrum has been recognized in the Philippines. In
determining the level of protection a word mark was afforded, the court considered the
source-identifying quality of the word. The court held that fanciful, arbitrary and
suggestive terms are inherently capable of source-identification and were thus protected
immediately upon use. Descriptive words alone, upon the other hand, were not
independently capable of identifying the source of goods and were thus not afforded
immediate protection.
The statement is false.
The statement is partly true.
The statement is preposterous.
None of the above. (correct answer, your

response)
74. The filing of a suit to enforce the registered mark with the proper court or agency
shall exclude any other court or agency from assuming jurisdiction over a * filed petition
to cancel the same mark.
previously
subsequently (correct answer, your

response)
simultaneously
remotely
75. Where two or more applications are filed for the same invention, the applicant
who has the earliest filing or priority date shall have the
right to carry out, authorize or prohibit the use of the invention.
right to patent. (correct answer, your response)
right to enjoy the pecuniary benefits to be derived from the

invention.
right to communicate the invention to the public.
76. A patent application for a drug, Buntigon, that cures AIDS, filed by Felix
Pormento, a neo-scientist, has been granted a filing date of July 5, 2007. It was published
on February 20, 2010. It was subsequently granted, after substantive examination, a
patent. Said grant was published in the IPO Gazette on July 5, 2013. Pormento learned
that Ramon Claveria made, produced, offered for sale and sold a drug similar to Buntigon
in or about November 2010. As of October 23, 2013,
Pormento can file a patent infringement case against Claveria because his rights

retroact to the filing date.
Pormento cannot file a patent infringement case because the infringing acts occurred

in November, 2010.
Pormento can file a patent infringement case because the infringing acts occurred in

November, 2010. (correct answer, your response)
Pormento cannot file a patent infringement case because a patent takes effect on the

date of the publication of the grant of the patent in the IPO Gazette.
77. The following is not a remedy in an action for trademark infringement:
the owner of a registered mark may recover damages.
issuance of a writ of replevin. (correct answer, your response)
issuance of a writ of seizure
issuance of a writ of injunction
issuance of an order to impound during the pendency of the action, sales invoices and

other documents evidencing sales.
78. The owner of a patent has no right to prevent third parties from performing,
without his authorization, the acts referred to in Section 71 of the IP Code in the
following, except one, circumstances:
Using a patented product which has been put on the market in the Philippines by the
owner of the product, or with his express consent, insofar as such use is performed
after that product has been so put on the said market.
With regard to drugs and medicines, after a drug or medicine has been introduced in
the Philippines or anywhere else in the world by the patent owner, or by any party
authorized to use the invention.
Where the subject matter of a patent is a process, the act is done for religious

institutions and political parties. (correct answer, your response)
Where the act is done privately and on a non-commercial scale or for a non-
commercial purpose for as long as it does not significantly prejudice the economic
interests of the owner of the patent.
Where the act consists of making or using exclusively for experimental use of the
invention for scientific purposes or educational purposes and such other activities
directly related to such scientific or educational experimental use.
79. The patent shall belong to the employee who made the invention in the course of
his employment contract
if the inventive activity is part of his regular duties and the employee uses his own

time, facilities and materials.
if the inventive activity is not a part of his regular duties even if the employee uses

the time, facilities and materials of the employer. (correct answer, your response)
if the inventive activity is not a part of his regular duties and the employee uses the

time, facilities and materials of the employer.
if the inventive activity is a part of his regular duties even if the employee uses the

time, facilities and materials of the employer.

80. Original ornamental designs or models for articles of manufacture and other
works of applied art are copyrightable. However, they may also be registered as industrial
designs under the law on patents if:
The design does not give a special appearance to nor serves as pattern for an

industrial product or handicraft.
The design gives a special appearance to and can serve as pattern for an industrial

product or handicraft. (correct answer)
The design is not dictated essentially by technical or functional considerations to

obtain a technical result. (your response)
The design is dictated essentially by technical or functional considerations to obtain a

technical result.
81. What is a Geographic Indication


industrial designs. (correct answer, your response)
for his patentable information or disclosure (Quid Pro Quo).

shall include a stamped or marked container of goods.

82. An application for patent filed by any person who has previously applied for the
same invention in another country which, by treaty, convention, or law affords similar
privileges to Filipino citizens, shall be considered as filed as of the date of filing the
foreign application, subject to certain conditions. This is called:
Right of Reciprocity (your

response)
Right of Priority (correct answer)
Right of Preference
Right of Parity
83. When may a mark that is identical with, or confusingly similar to, or constitutes a
translation of a mark considered well-known in Section 123.1, par. e, which is registered
in the Philippines, be registrable?
It really depends on the Trademark Examiner.
When the goods or services are not similar to those with respect to which registration

is applied for.
When the goods or services are similar to those with respect to which registration is

applied for.
Never registrable (correct answer, your response)
Always registrable
84. No damages can be recovered for acts of infringement committed more than
_____ years before the institution of the action for infringement.
4 (correct answer, your

response)
85. A mark which is considered by the competent authority of the Philippines to be

well-known internationally and in the Philippines, whether or not it is registered here, as
being already the mark of a person has the effect of preventing the registration of a mark
that is identical with, or confusingly similar to, or constitutes a translation of the first
mark:
when used for identical or similar goods or services. (correct answer, your

response)
when used for identical and unrelated goods or services.
when used for different or dissimilar goods or services.
when not used for identical or similar goods or services.




None of these
87. The IPO shall shall issue the certificate of registration upon the happening of all,
save one, the following events:
when the period for filing the opposition has expired
when the Director of Legal Affairs shall have denied the

opposition,if any.
upon payment of the required fee.
upon publication in the IPO Gazette. (correct answer, your response)

88. Only layout -designs of integrated circuits that are ____________ shall benefit
from protection under the law
original (correct answer, your

response)
new
aesthetic
none of the above.
89. The word "Diamond" and logo, as used for jewellery items made of cubic
zirconium is:


quality, characteristics or geographical origin of the goods or services. (correct



None of these
90. The patent examiner, considering an application for patent involving a gadget that
will enable the user to see through human flesh failed to consider that said application for
patent related to a group of inventions that did not form a single general inventive
concept. Eventually, a letters patent was granted. After discovering the lapse, the Director
decided to order the cancellation of the patent.
He is legally correct because he may require that the application be restricted to a

single invention.
He is legally correct because the patent has been granted on an application that did

not comply with the requirement of unity of invention. (your response)
He is legally wrong because failure to comply with the requirement of unity of

invention shall not be a ground to cancel the patent. (correct answer)
He is legally wrong because a divisional application filed for an invention shall be

considered as having been filed on the same day as the first application if the later

application is filed within the period allowed, or as may be granted and each
divisional application shall not go beyond the disclosure in the initial application.
91. The use of the mark in a form different from the form in which it is registered,
which alters its distinctive character, shall not be ground for cancellation or removal of
the mark and shall not diminish the protection granted to the mark.
true
false (correct answer, your

response)
partly false
not true, not false.
92. When filing a patent application, the disclosure will not be legally compliant
unless:
The application shall disclose the invention in a manner sufficiently clear and
complete for it to be carried out by a person skilled in the art. (correct answer, your
response)
The application shall disclose the invention in a manner reasonably accurate and

concise for it to be understood by a person with sufficient discretion.
At all times, the application shall be supplemented by a deposit of of the material

sought to be patented with an international depository institution.
The request shall contain a petition for the grant of the patent, the name and other

data of the applicant, the inventor and the agent and the title of the invention.
93. A patent shall confer on its owner the following exclusive rights, except one:
Where the subject matter of a patent is a product, to restrain, prohibit and prevent any
unauthorized person or entity from making, using, offering for sale, selling or
importing that product.
Where the subject matter of a patent is a process, to restrain, prevent or prohibit any
unauthorized person or entity from using the process, and from manufacturing,

dealing in, using, selling or offering for sale, or importing any product obtained
directly or indirectly from such process.
To prohibit the use of the patented product privately and on a non-commercial scale
or for a non-commercial purpose for as long as it does not significantly prejudice the
economic interests of the owner of the patent. (correct answer, your response)
To assign, or transfer by succession the patent, and to conclude licensing contracts

for the same.
94. If the registered mark becomes the generic name for less than all of the goods or
services for which it is registered, a petition to cancel the registration for only those goods
or services may be filed.
partly true

response)
false
not true not false.
95. A patent is the right granted to an inventor by the State which allows the inventor
to exclude anyone else from commercially exploiting his invention for a limited period,
generally 20 years. By granting an exclusive right, patents provide incentives to
individuals, offering them recognition for their creativity and material reward for their
marketable inventions. These incentives encourage innovation, which in turn contributes
to the continuing enhancement of the quality of human life. In return for the exclusive
right, the inventor must adequately disclose the patented invention to the public, so that
others can gain the new knowledge and can further develop the technology. The
disclosure of the invention is thus an essential consideration in any patent granting
procedure.Hence, the application shall disclose the invention in a manner that is
substantially clear and complete for it to be carried out by a person skilled in the art.

(your response)
sufficiently clear and complete for it to be carried out by a person skilled in the art.

(correct answer)
sufficiently descriptive and thorough for it to be carried out by a person familiar with

the art.
substantially descriptive and thorough for it to be carried out by a person skilled in

the art.
96. Ms. Celina Conti applied for registration of the mark consisting of the logo
below:for massage and spa services (Class 42 Miscellaneous Services). The Coca-Cola
Company has existing registrations under Classes 05 06 08 09 11 14 16 18 20 21 24 25
26 27 28 32 34. The application will most likely be denied because:
Is NOT identical with a registered mark belonging to any different proprietor or a

mark with an earlier filing or priority date, in respect of: The same goods or services,

or Closely related goods or services, or If it does not nearly resemble such a mark as
to be likely to deceive or cause confusion;
Is likely to mislead the public, particularly as to the nature, quality, characteristics or

geographical origin of the services;

to identify;

97. In EMERALD GARMENT MANUFACTURING CORPORATION vs. COURT

OF APPEALS, G.R. No. 100098. December 29, 1995, the holistic approach was used
by the Court to determine confusing similarity between the competing trademarks,
thereby holding that LEE was not confusingly similar with STYLISTIC MR. LEE.
The holistic approach meant, essentially
.... If the competing trademark contains the main or essential or dominant features of
another, and confusion and deception is likely to result, infringement takes place.

Duplication or imitation is not necessary; nor it is necessary that the infringing label
should suggest an effort to imitate.
Being of functional or common use, and not the exclusive invention of any one, it is
available to all who might need to use it within the industry. Nobody can acquire any
exclusive right to market articles supplying simple human needs in containers or
wrappers of the general form, size and character commonly and immediately used in
marketing such articles.
In determining whether the trademarks are confusingly similar, a comparison of the

words is not the only determinant factor. The trademarks in their entirety as they
appear in their respective labels or hang tags must also be considered in relation to
the goods to which they are attached. The discerning eye of the observer must focus
not only on the predominant words but also on the other features appearing in both
labels in order that he may draw his conclusion whether one is confusingly similar to
the other. (correct answer, your response)
None of the above
98. An application for registration of a mark filed in the Philippines by a person who
is a national or who is domiciled or has a real and effective industrial establishment in a
country which is a party to any convention, treaty or agreement relating to intellectual
property rights or the repression of unfair competition, to which the Philippines is also a
party, or extends reciprocal rights to nationals of the Philippines by law, and who
previously duly filed an application for registration of the same mark in one of those
countries, shall be considered as filed as of the day the application was first filed in the
foreign country. This provision describes:
Parity rights
Parental rights
priority rights (correct answer, your

response)
peremptory rights
99. An invention qualifies for registration as a utility model if it is new and involves
an inventive step.
True. A utility model registration shall expire, without any possibility of renewal, at

the end of the seventh year after the date of the filing of the application.
False. The rule is settled that the findings of fact of the Director of Patents, especially
when affirmed by the Court of Appeals, are conclusive on this Court when supported
by substantial evidence.
False. Inventive step is not necessary. (correct answer, your response)
100. If Albert Einstein discovered the Theory of Relativity yesterday, he would still
not be able to patent the same under the IP Code because
Although new, it is not a technical solution to a human

problem.
It is not industrially applicable.
It does not involve an inventive step.
All of the above.

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MIDTERM EXAMS LIP SY 2013-2014

(Click on question number to jump to question.) *points earned*

Registrable because a generic term is one that refers, or has

*Points earned:* 5 out of 5

The phrase pale pilsen is generic words descriptive of the

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Registrable because a generic term is one that refers, or has

*Points earned:* 5 out of 5

It is immoral, deceptive or scandalous to use Coca-cola for

*Points earned:* 5 out of 5

True. If two (2) or more persons have made the invention

Is likely to mislead the public, particularly as to the nature,

*Points earned:* 5 out of 5

The totality or holistic test

*Points earned:* 5 out of 5

True (<<<<<<<<<<<<, your response)

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As counsel for Frederick Perez, on whether copyright infringement

To immediately sue for copyright infringement of his book, The

*Points earned:* 5 out of 5

reproduction of the typographical arrangement of the published

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True. Thus, WIPO does not offer any kind of copyright

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As held in CONVERSE RUBBER CORPORATION and EDWARDSON

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". . . reject all pending applications for Philippine registration

"The conflicting claims over internationally known trademarks

"It is further directed that, in cases where warranted, Philippine

This administrative issuance was made pursuant to

*Points earned:* 5 out of 5

comprising a generally cylindrical body having a co-axial bore that

Jennifer produced and distributed similar bushings. Jessie sued for

The bushings are not intellectual creations in the literary and

*Points earned:* 5 out of 5

.... If the competing trademark contains the main or essential

*Points earned:* 5 out of 5

It is elementary that a patent may be infringed where the

*Points earned:* 5 out of 5

Trademark applications for sex toys may not be granted because

*Points earned:* 5 out of 5

Registrable because a generic term is one that refers, or has

*Points earned:* 5 out of 5

This case is authority for the proposition that:

"The proposition is peace. Not peace through the medium of war;

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*The following answers are acceptable:*

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*The following answers are acceptable:*

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Suprasilk for intimate wear

*Points earned:* 5 out of 5

True. In the absence thereof, there can be no finding of probable

*Points earned:* 5 out of 5

Dan Brown's Da Vinci Code

*Points earned:* 5 out of 5

The reason for the failure of Khos case was:

Trademark rights are acquired through registration. (correct

*Points earned:* 5 out of 5

In the Trademark Register, the issuance of registration is

*Points earned:* 5 out of 5

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The following answers are acceptable:

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