INTELLECTUAL PROPERTY CODE STATE POLICIES 1. Cite the State Policies with respect to the IPL? (a.

Vital; b. Tech; c. Foreign Inv; d. Market; e. Use-Social; f. Streamline Admin; g. Regn; h. IP Rights) 2. Is the protection of intellectual property mandated by the Constitution? (Sec. 13, Art. XIV : Exclusive Rights SIAG Beneficial Period) 3. What is the role of treaties in our IPL? INTELLECTUAL PROPERTY 4. What does the term Intellectual Property consists of? (7: CMPILUD) 5. What are Geographic Indications? 6. Discuss the Protection of Information (Secret Comm. Value Steps) Undisclosed

(ID_Distinguishing_Enterprise) 10. What is the scope of a copyright? 11. What are patentable inventions? (Tech sol_NIA)

17. What is this Most-Favoured-Nation Treatment? (Adv_Fav_Priv_Immu; Immed & Uncond) THE INTELLECTUAL PROPERTY OFFICE THE BODY THAT ADMINISTERS THE POLICIES SOUGHT TO BE IMPLEMENTED UNDER THE IPC 18. What are the functions of the IPO? (Patent; Regn MIC; Tech trans; Use_Patent Info; Publish PMUDT; Adjud; Coordinate; Custody) 19. Where should registration of other IPs be filed? How about copyrighted works?

12. What are Utility Models? (implement/tools)

13. What is an industrial design? (Composition_lines/colors)

20. Which agency exercises original jurisdiction over disputes relating to the terms of a license involving the authors rights?

14. What is meant by Drugs and Medicines? (Chem Com/Bio Subs_TPD_diseases) COPYRIGHT

INTERNATIONAL LAW RELATED PROVISIONS

21. What is meant by Copyright? (Lit & Art_Orig_Creation) 22. Who is an Author? 23. What is a Collective Work? (Natural_Initiative & Under_Disclosed_ Own_X:ID)

7. Can Trademark, Copyright and Patents be used interchangeably with one another? 8. What is a trademark? (Sign Marked) 9. What is a tradename?

15. What is the Principle of Reciprocity? (1. Party_IPRights_Repression; 2. Reciprocal Rts; Benefits + Owner) 16. What is meant by National Treatment? (Nationals_Own_Protection)

24. What is a Joint Work? (Intention_Merged_II) 25. What is a Work of Applied Art? (AC w/ Utilitarian)

f.

Employees work during the course of employment?

(2: Alterations; Collections)

33. What is the DURATION of Copyright in case of a. Literary artistic works and Derivative works? 37. What are included in UNPROTECTED works? (6: Idea; News of the day; Official text LAL; Govt; Medicated cream; Illustration) 38. With respect to any work of the govt. of the Phils, what is required for the exploitation of such work? 39. Is prior approval or conditions required for the use of any purpose of statues, R&Rs, speeches, lectures, sermons, addresses and dissertations, pronounced, read or rendered in courts of justice, before admin agencies, in deliberative assemblies and in meetings of public character? 40. Will copyright and patent registration of the name and container guarantee the registrant the right to exclusive use of the same?

26. Who are referred to as Performers? 27. What is one of the modes of acquiring ownership under the NCC in relation to the IPC? 28. Who are the persons who may ownership by intellectual creation? acquire

b. Joint creation? c. Anonymous or pseudonymous work? d. Work of applied art? e. Photographic works? f. Broadcast?

29. Who owns letters and other private communications in writing? May it be published or disseminated? 30. When are rights over copyrights conferred? 31. When is a work deemed created? 32. Who OWNS the copyright in case of a. One creator? b. Joint creation? Any exception? c. Commissioned work? d. Audio-visual work? e. Pseudonymous and anonymous works? COPYRIGHTABLE OBJECTS

34. What examples of Literary and Artistic Works are copyrightable? (15: Writings; Periodicals; Lectures; Letters; Drama/Musical; Compositions; Drawing; Ornamental; Illustrations; Scientific/Tech; Photo; Audiovisual; Ads; Computer; Other) 35. What is the nature of the right of an author of speeches, lectures, sermons, addresses and dissertations? 36. What examples copyrightable? of Derivative Works are

RIGHTS OF AUTHORS

41. What are the ECONOMIC rights of authors? (Carry out; Authorize; Prevent a. Reprod; b. Adapt; c. 1st Public Distri; d. Rental; e. Pub Disp; f. Pub Perf; g. Other Comm)

42. What are the MORAL rights of authors? (Attribution; Alterations; Withhold; Object; Use of name) 43. What are the rights of PUBLISHERS? (Publish; Reprod; Re: Mags/News) 44. What are the acts that DO NOT INFRINGE COPYRIGHT? i. Recitation/Performance of a work (Pub; Priv; Free; Chari/Reli) ii. Making of quotations from a published work (FU; Extent; Source; Name) iii. Reproduction/Communication to the public Current PSESR (Info; X:Reserved; Source) iv. Reproduction/Communication to the public Lit/Sci/Art works v. Inclusion of a work_communication to public (Teaching; FU; Source; Name) vi. Recording_educational institutions (Deleted; Gen. cinema repertoire; Except) vii. Making of ephemeral recordings by: (Broadcast; Facilities; Use) viii. Under direction/control of Govt (Public interest; FU) ix. Public Performance_no admission fee (Chari/Educ; Aim)

x. Public display by author/successors in title xi. Judicial procs; Legal Advice xii. Exclusively for Research & private study xiii. Reproduction by libraries of: (Fragile; Isolated articles; Preserve/Replace) Brief;

51. CASE: Is the defense that the alleged pirate was unaware that what he had copied was a copyright material valid? Reason. 52. CASE: Is there copyright infringement in case of publication of messages resulting from IM service?

xiv. One back-up copy of computer program 45. When is FAIR USE considered infringement of copyright? not an TRADEMARKS

46. What are the factors to consider to determine whether use is fair or not? (PNAsEp) 47. When is the IMPORTATION of a copy of a work for personal purposes be permitted without the authorization of the author or other owner of the copyright? (a. X:Available in Phils Strict; Auth & Use; RCE Society b. Arriving from foreign countries)

53. What is a trademark? (Kho vs. CA) (Visible; Disting; Container) 54. What are its basic requirements? (ViSign; Distinctiveness) 55. What is a COLLECTIVE mark? (ViSign_Application_Disting origin_Use) 56. Is there a need to register trade names in order to secure protection for them? 57. What are the FUNCTIONS of trademark? (Origin; Quality; Advertise)

48. How is INFRINGEMENT committed? (Pir/Subsl Reprod; Subsly diminished; Labors) 49. What are the REMEDIES available in case of infringement? (Inj; Dams; Crim) 50. How are damages assessed?

58. How are marks ACQUIRED? 59. Is registration necessary before one can file an action for infringement? 60. Is PRIOR USE in the Phils required before registration?

61. When is ACTUAL USE necessary? 62. What must the registrant do to prevent the cancellation of his application? (Declaration; Evid; Valid reasons)

(Protected; Reciprocity Phils & countries Deemed 1st filed; X: Regn until) 71. What are the MARKS THAT CANNOT BE REGISTERED? (9: Immoral; Flag; Living indiv; Identical w/ regd mark Same_Closely-related_Resembles; Generic; Desc marks; Customary sign; Color; Shapes)

77. How does one question a mark? (Oppose; Cancel; Sue) 78. Is there a protection for internationally known marks registered in the Phils? 79. What are the rights conferred with respect to the marks? (Exclusive-own; Prevent; Exclusive-venture)

63. What does a certificate of registration of a mark represent? (PF evid; Ownership; Exclusive rt) 64. Who may question the registrants right? (Better rt; PA user; Internatly)

80. What is the registration? LIMITATIONS

duration

of

certificate

of

INFRINGEMENT 81. What are the ELEMENTS of trademark infringement under RA 8293? (Regd; Imitated; Used; Cause; Consent) 82. Is registration required in a trade name being infringed? 83. What are the different types of CONFUSION? Discuss each. (2: Goods Purchase_Poor Qlty; Business Diff_Assumed to originate_Deceiving)

65. Is registration important to protect goodwill? Reason. 66. Is registration of a mark for purposes of filing a case for unfair competition or false designation of origin? 67. When does unfair competition arises? 68. What does the law mean when it states that the right is acquired from the time of registration? 69. When is the filing date of an application? (Received: Indication; ID; Contact; Reprod; List)

72. What is the Doctrine of SECONDARY MEANING? (Gen/Desc mark_Acquire_Distinct_Regd_ Meaning) 73. May generic, descriptive marks, colors and shapes be PART of a COMPOSITE MARK? 74. May marks be registered even if they are CONTRACTIONS of or coined from generic and descriptive terms? 75. When are generic and descriptive terms allowed to be registered as trademarks? 76. Who may question the mark? (IWKM: Identical Confusingly Translation)

84. What are the 2 tests in determining similarity and likelihood of confusion in trademark resemblance? Which of the 2 is controlling? 85. What is the DOMINANCY test? a. When does infringement take place? b. Is duplication or imitation necessary?

similar

70. What is the PRIORITY DATE rule?

95. Is there infringement of TM or TN in case of IMPORTATION of MEDICINE? 86. What is the HOLISTIC test? a. What must be considered in relation to the goods to which they are attached? 87. What is the AURAL EFFECTS or IDEM SONANS RULE? (DT: SCDSNE + Words & Letters) 88. What is the EXPANSION of BUSINESS RULE? (Protection_Not limited_Extends_Lead_Prospective Purchasers_Forestalls) 89. Is the use of identical marks not necessarily prohibited? 90. When is confusion of goods evident? 91. When may confusion of business arise? 92. What are RELATED GOODS? 93. How are related goods determined? (10; Business; Class; Features; Nature; Descriptive Props; Purpose; Immed consumption; Fields; Conditions; Channels) 96. How is a trade name protected? 97. What is UNFAIR COMPETITION? 105. CASE: Rose brand for wine and bike. Is there violation of IPC? 106. What is the THEORY OF DILUTION? (Sec. 123f) (X: Regd ICT w/ respect to G/S X: Similar; Use_connection; Interests_damaged)

98. What are the essential elements of unfair competition with respect to goods? (2: Similarity; Fraud)

107. How is the theory of dilution applied? 108. CASE: Shoe company adopted and copied the design of another shoe company but retained own trademark. Was unfair competition committed?

99. What is the TEST of unfair competition? 100. Distinguish infringement of trademark from unfair competition (Involved; Fraudulent Intent; Registration; Unfair competition)

PATENTS

109. What are patentable inventions? (Kho vs. CA) 101. What are INTER PARTES cases? (Contested: Opposition; Cancel) 102. What inter partes cases are included in case of patents? 103. Cite the inter partes cases, the period to file each case, grounds to be stated and its venue. 104. Where can an administrative complaint for violation of IPC be filed? 110. What are the requisites of patentability? 111. What is a novel? 112. What is meant by PRIOR ART? (Available; Part Inventor/Applicants-Contents + Filing date)

94. Where the products are different, what are the variables which the prior owner must consider to succeed? (8: Strength; Degree; GF; Quality; Proximity; Gap; Actual Conf; Buyers)

113. When does an invention involve an inventive step? 114. In the case of drugs and medicines, when is there absence of inventive step? (X: Enhancement; Known subs; Known process)

(Inventor; Jointly; 1st to File Rule) 122. What acts are NOT PROHIBITED with respect to patent rights? (Market; Parallel Importation; Privately; Experimental use; Drugs & Meds; Individual cases) 123. When does the right to an invention covered by the patent arises? 124. When is there PREJUDICIAL DISCLOSURE? (Voluntarily_Free_Ideas_Appropriation)

131. What is the DOCTRINE OF EQUIVALENTS? (Device_Prior inv_Incorp& Function Principle/Mode of Operation)

132. What does the doctrine of equivalents require to be satisfied? Who has the burden to prove the 3 components of equivalency test? 133. Can the doctrine of equivalents be applied when the infringing invention is clearly beyond what is written in the claim? 134. What is the effect if the language of the patentees claims is clear and distinct? (Bound; Claim; Courts Add/detract/Enlarge) 135. What is a COMPULSORY LICENSE? (Exploit_X:Permission)

115. Who is a person skilled in art? (Ord. practitioner; Knowledge_References; Disposal) 116. What is meant APPLICABILITY? by INDUSTRIAL

117. What are the purposes of patent law? (3-Fold: Foster & Reward; Disclosures; Reqts) 118. What does the patent system embody? 119. What are the Classes of Patentable Inventions? (MPPIMP)

125. When does any disclosure of the invention made within 12 months before the filing date not prejudice the application? (a. Inventor; b. Patent Office Info; 3P Application; c. 3P) 126. What is the term of a patent? 127. What is INFRINGEMENT? (MUOSSI; X:Authorization) 128. What are the steps in determining the presence of infringement? (Lit. Infr.; Doct. Equiv) 129. What is LITERAL INFRINGEMENT?

136. What are the GROUNDS for compulsory licensing? (6: Emergency; Public interest; Judicial/Admin; Public non-comm use; Patented invention; Demand) 137. In whose favor should the compulsory license be granted? 138. When is the time when application compulsory license CANNOT be applied? (Before exp 4 yrs; 3 yrs; Last) 139. When will a compulsory license be granted? 140. When is there no need to obtain authorization from the patent owner? for

120. What are included in NON-patentable inventions? (Discoveries; Computer; Treatment; Bio Process; Aesthetic; Drugs & Meds) 121. Who are the persons entitled to the right to a patent?

130. How is the test under Literal Infringement satisfied? (Exactness; Addition)

(Remedy; Emergency; Public non-comm use; Demand) 141. What are Technology Transfer Arrangements? (Sys. Knowledge_Mftr-Applicn-Service; TAL IP rights) 142. Which agency has jurisdiction in the settlement of disputes between parties to a TTA arising from TT payments, including the fixing of appropriate amount or rate of royalty? 143. What are prohibited provisions? Cite samples. 144. What MANDATORY PROVISIONS should be included in voluntary license contracts? (Laws - Venue; Access - improvements; Arbitration; Taxes)

149. Is a trade secret protected even if it is not patentable? Why? 150. Are ingredients of consumer considered trade secrets? products

151. How about ingredients of chemical supplied to airline companies? 152. Is trade secrets protection covered by the constitutional right to information? 153. What FACTORS can be utilized to determine if information is a trade secret? (Info-Outside-Ees; Measures; Value; Effort/ Money; Indep source;

145. When is a TTA or any Voluntary License unenforceable? Is registration with the IPO necessary to make it enforceable? 146. What is the concept of DIVISIONAL applications? (2/more_single_nature; To divide_X: elected) TRADE SECRETS 147. What is a trade secret? 148. What may a trade secret consist of? (FPDI: Business; Advantage; Chem; Flan; Ing; Price list; Cat; Spe. Cust.)

You dont have to be limbless to be broken Just bec you cant see it now doesnt mean its not there Its who you are that matters and if you dont know your first value then you dont know who you really are what is so amazing to come out in your broken pieces... encouragement and discouragement is a constant war I am a flower quickly fading You see true colors when you see true trials Choose faith instead of fear Failure is an education It is always a sunny day above the clouds