Business Law

True or False

1. In the case of works of joint authorship, the economic rights shall be protected during the life of the last surviving author and for sixty (60) years after his death.

2. First -to-file rule grants the patent rights of an invention to the one who first files a patent application; the aforementioned should be the inventor.

3. The natural person whose name is indicated on a work in the usual manner as the author shall, in the absence of proof to the contrary, be presumed to be the author of the work.

4. Generally, the right to patent is untransmissible. It belongs to the inventor only.

5. In case the employee made an invention in the course of his employment contract, the patent shall belong to the employee, if the activity is not part of his regular duties even if the employee uses the time, facilities, and materials of the employer

6. A petition to cancel registration of a mark may be filed by any person who believes that he is or will be damaged by the registration of the mark.

7. An invention shall still be considered new if it forms part, simply, of prior art.

8. Doctrine of dilution states that there is infringement when there is use of similar marks on goods that are so related that the public may be, or is actually deceived, and misled that the goods come from the same maker or manufacturer.

9. Any work created by an employee or officer of the government is considered a work of the civil servant.

10. Registration is an essential requisite before a person can file for an action for infringement.

11. Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable.

12. To maintain the patent application or patent, a monthly fee shall be paid upon the expiration of 4 years from the date the application was published.

13. Generally, copyright may be secured for any work of the Philippine Government.

14. Works are protected by the sole act of their creation, irrespective by their mode of expression, as well as of their content, quality and purpose.

MCQ

1. Original intellectual creations in literary and artistic domain protected from the moment of their creation

a. Arts

b. Creations

c. Talents

d. None of the other choices

2. Any interested person may, petition to cancel the patent or any claim thereof, or parts of the claim, on any of the following grounds except

a. That what is claimed as the invention is not new or patentable

b. That the patent does not disclose the invention in any manner sufficiently clear and complete for it to be carried out by any person skilled in the art

c. That the patent is contrary to public order or morality

d. None of the other choices

3. Infringement of trademark is the unauthorized use of the trademark; (2) Unfair competition is the passing off of one's goods a those of another

a. Only (1) is true

b. Only (2) is true

c. Both are true

d. Neither is true

4. Any sign capable of distinguishing the goods or services of an enterprise and shall include a stamped marked container of goods

a. Mark

b. Sign

c. Symbol

d. Logo

5. Is the transfer of possession of the original copy or a copy of a work or sound recording for a limited period, for non-profit purposes, by an institution the service of which are available to the public, such a public library or archive

a. Commodatum

b. Mutuum

c. Charity

d. Public Lending

6. Copyright or economic rights shall consist of the exclusive right to carry out, authorize, or prevent the following acts, except

a. Reproduction of the work

b. Dramatization, translation, adaptation, or any transformation of the work

c. Public display of the original copy of the work

d. None of the other choices