Instructions

1. Diana and Paolo are famous personalities in showbusiness who kept their love affair secret. They use a special instant messaging service which allows them to see one another's typing on their own screen as each letter key is pressed. When Greg, the controller of the service facility, found out their identities, he kept a copy of all the messages Diana and Piolo sent each other and published them. Is Greg liable for copyright infringement?
2. Dr. Nobel discovered a new method of treating ALZHEIMER'S involving a special method of diagnosing the disease, treating it with a new medicine that has been discovered after experimentation and field testing, and novel mental isometric exercises. He comes to you for advice on how he can have his discoveries protected. Can he legally protect his new method of diagnosis, the new medicine, and the new method of treatment? If no, Why? If yes, how?
3. X works as a research computer engineer with the Institute of Computer Technology , a government agency. When not busy with his work, but during office hours, he developed a software program for law firms that will allow efficient monitoring of the cases, which software program is not at all related to his work. Assuming the program is patentable, who has the right over the patent?
4. Sketchers Corporation sued Inter-Pacific for trademark infringement, claiming that Inter-Pacific used Sketchers registered "S" logo mark on Inter-Pacific's shoe products without its consent. Sketchers has registered the trademark "SKETCHERS" and the trademark "S" with an oval design with the Intellectual Property Office. (IPO)

In its complaint, Sketchers points out the following similarities: the color scheme of the blue, white and gray utilized by Sketchers. Even the design and "wave-like" pattern of the mid-sole and outer sole of Inter-Pacific's shoes are very similar to Sketchers' shoes, if not exact patterns thereof. On the side of Inter-Pacific's shoes, near the upper part, appears the stylized "S" placed in the exact location as that of the stylized "S" the Sketchers shoes. On top of the "tongue" of both shoes appears the Stylized "S" in practically the same location and size.

In its defense, Inter-Pacific claims that under the Holistic Test, the following dissimilarities are present: the mark "S" found in Strong Shoes is not enclosed in an "oval design", the word "Strong" is conspicuously placed at the backside and insoles, the hang tags labels attached to the shoes bear the word "Strong" for Inter-Pacific and "Sketchers USA" for Sketchers; and Strong shoes are modestly priced compared to the costs of Sketchers shoes.

Under the foregoing circumstances, which is the proper test to be applied - Holistic or Dominancy Test?

1. While vacationing in Boracay, Valentino surreptitiously took photograph of his girlfriend Monaliza in her skimpy bikini. Two weeks later, her photographs appeared in the internet and in a national celebrity magazine. Monaliza found out that Valentino had sold the photographs to the magazine and, adding insult to injury, uploaded them to his personal blog on the Internet.

a.) Monaliza filed a complaint against Valentino for damages based on, among other grounds, violation of her intellectual property rights. Does she have any cause of action. Explain.

b.) Valentino's friend Franceso stole the photographs and duplicated them and sold them to a magazine publication. Valentino sued Francisco for infringement and damages. Does Valentino have any cause of action?

2. For years, Y has been engaged in the parallel importation of famous brands, including shoes carrying the foreign brand of MAGIC. Exclusive distributor X demand that Y cease importation because of his appointment as exclusive distributor of MAGIC shoes in the Philippines. Y counters that the trademark MAGIC is not registered with the Intellectual Property Office as a trademark and therefor no one has the right to prevent its parallel importation.

a.) Who is correct?

b.) Suppose the shoes are covered by a Philippine patent issued to the brand owner, what would your answer be?