Answer Key

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 possible*
*Question 1 <#q1>*
correct
5
5
*Question 2 <#q2>*
correct
5
5
*Question 3 <#q3>*
correct
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5
*Question 4 <#q4>*
correct
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*Question 5 <#q5>*
correct
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*Question 6 <#q6>*
correct
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*Question 7 <#q7>*
correct
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*Question 8 <#q8>*
correct
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5
*Question 9 <#q9>*
correct
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*Question 10 <#q10>*
correct
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*points earned*
*Score: (94%)*
*235*
incorrect
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incorrect
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*250*
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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
The
The
The
totality or holistic test

dominancy test (<<<<<<<<<<<<, your response)
doctrine of equivalents
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,

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.
was
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
sustained by Supreme Court by invoking:
The totality or holistic test

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
To
To
To
protect well-known marks. (<<<<<<<<<<<<, your response)

protect well-known inventions.
protect well-known works.
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:
answer,
when
your
when
when
when
used for identical or similar goods or services. (correct

response)
used for different or dissimilar goods or services.
used for identical and unrelated goods or services.
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
Trademark rights
the mark.
Trademark rights
Trademark rights
are acquired from the moment of creation.

are acquired through first use and adoption of
are acquired through registration. (correct
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
In
In
In
Multiple Choice problems, select the BEST answer.

True or False problems, select True or False.
Multiple Correct problems, choose ALL the <<<<<<<<<<<<s.
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.
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)

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?
answer,
The movie is protected irrespective of its content. (correct

your response)
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 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.

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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
In
In
In
Multiple Choice problems, select the BEST answer.

True or False problems, select True or False.
Multiple Correct problems, choose ALL the correct answers.
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)
Non-prejudicial disclosure.
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)
Laparoscopic machine for cholecystectomy.
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.
24. The mark "Selecta", as used for ice cream and dairy products, is:
(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)
7
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.
39. 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 foregoing serves to emphasize that, in patent infringement
cases, (1 point)
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.
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
44. 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.
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.
Under prevailing jurisprudence, the determination of probable cause
(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
52. 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.
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
indications, and protection against unfair competition fall under:
(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.
66. Senor Lauro Reyes was a well-traveled gentleman. On his deathbed, he

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)
All of the above
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
72. 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
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)
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.
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)
False. Inventive step is not necessary.
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
84. 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.
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
91. 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
92. In ELIDAD C. KHO vs. HON. COURT OF APPEALS, SUMMERVILLE GENERAL

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.
94. 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
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
97. The First to File Rule simply means that: (1 point)

If there are two or more applications are filed for the same
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)
2

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Quia MIDTERM EXAMS LIP SY 2013-2014

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

Not registrable because a generic term is one that refers, or has

Not registrable because it is likely to mislead the public,

Registrable because nature of the goods to which the mark is

Registrable because it has no relation to the goods or services

Registrable because it has been invented for the sole purpose of

Not registrable because it serves in trade to designate the kind,

The phrase pale pilsen is generic words descriptive of the

Pilsen is a kind of beer that even justices cannot resist.

All of the above.

None of the above

The mark "Cosmopolite", as used for canned tuna, is:

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

Not registrable because a generic term is one that refers, or has

Not registrable because it is likely to mislead the public,

Registrable because nature of the goods to which the mark is

Registrable because it has no relation to the goods or services

Registrable because it has been invented for the sole purpose of

Not registrable because it serves in trade to designate the kind,

years from the moment of creation

It is immoral, deceptive or scandalous to use Coca-cola for

It is identical with, or confusingly similar to, or constitutes a

It is identical with, or confusingly similar to, or constitutes a

None of the above as there is no ground to oppose.

True. If two (2) or more persons have made the invention

False. An application for registration of a mark filed in the

False. Copyright accrues from the moment of creation. (correct

which it is registered, which does not alter its distinctive

Restituto Bicomong is such a patriotic fellow. When he decided to

Is likely to mislead the public, particularly as to the nature,

Consists exclusively of signs that are generic for the goods or

Consists exclusively of signs or of indications that have become

None of the above.

totality or holistic test

*Points earned:* 5 out of 5

Philippines to be well-known internationally and in the Philippines,

True (<<<<<<<<<<<<, your response)

*Points earned:* 5 out of 5

Frederick Perez wrote and published The Secret of Beauty, a book

To immediately sue for copyright infringement of his book, The

To first register and make a deposit of his book with the

To relax because no copyright infringement has been committed by

To sue because the acts of Frederick Lopez may be considered as

The publisher of a book, in addition to the right to publish, shall

reproduction of the typographical arrangement of the published

adaptation of the musical arrangement of the published edition of

reproduction of the technical arrangement of the published

transformation of the published edition of the work

*Points earned:* 5 out of 5

Copyright itself does not depend on official procedures. A created

True. Thus, WIPO does not offer any kind of copyright

False. Thus, WIPO offers a system of International Trademark

False.Thus, WIPO offers a system of International Copyright

True.Thus, WIPO does not support a system of International

Joy Personal Products, Inc. manufactures and distributes toothpaste

As held in CONVERSE RUBBER CORPORATION and EDWARDSON

As held in ASIA BREWERY, INC. petitioner, vs. THE HON. COURT OF

None of the above.

*Points earned:* 5 out of 5

*Points earned:* 5 out of 5

The then Ministry of Trade on November 20, 1980 issued a memorandum

*Points earned:* 5 out of 5

Points earned: 5 out of 5

Points earned: 5 out of 5

Points earned: 5 out of 5

Points earned: 5 out of 5

Points earned: 5 out of 5

Points earned: 5 out of 5

Points earned: 5 out of 5

Points earned: 5 out of 5

Points earned: 5 out of 5

Points earned: 5 out of 5

Points earned: 5 out of 5