1. Greg works in a car manufacturing company owned by Ben. Greg is quite innovative and loves...
Question:
1. Greg works in a car manufacturing company owned by Ben. Greg is quite innovative and loves to tinker with things. With the materials of the company, he was able to invent a gas-saving device that will enable cars to consume less gas. Unknown to Greg, Emy, his co-worker observed how he created the device and likewise, came up with a similar gadget, also using scrap materials and spare parts of the company. Then, Emy filed an application for registration of his device with the Bureau of Patents. Few months later, Greg filed his application for the registration of his device with the Bureau of Patents.
a. Is the gas-saving device patentable?
b. Assuming that it is patentable, who is patentable, who is entitled to the patent?
c. Supposing Ben got wind of the inventions of his employees and also laid claim to the patents, asserting that Greg and Emy were using his materials and company time in making the devices, will his claim prevail over those of his employees?
2. XYZ Corp. manufactures rubber shoes under the trademark "Curry" which hit the Philippine market in 2000, and registered its trademark with the BPTTT in 2002. DEF Co. also manufactures rubber shoes with the trademark "Harden" which it registered with BPTTT in 2003. In 2003, DEF Co. adopted and copied the design of XYZ Corp.'s "Curry" rubber shoes, both as to shape and color