Question
With regards to the Philippine Law, please choose the best option. 1. Rudy is a fine arts student in a university. He stays in a
With regards to the Philippine Law, please choose the best option.
1. Rudy is a fine arts student in a university. He stays in a boarding house with Bong as his roommate. During his free time, Rudy would paint and leave his finished works lying around the boarding house. One day, Rudy saw one of his works - an abstract painting entitled Manila Traffic Jam - on display at the university cafeteria. The cafeteria operator said he purchased the painting from Bong who represented himself as its painter and owner Rudy and the cafeteria operator immediately confronted Bong. While admitting that he did not do the painting. Bong claimed ownership of its copyright since he had already registered it in his name with the National Library as provided in the Intellectual Property Code. Who owns the copyright to the painting? Explain.*
a. The registration of the painting by Bong with the National Library conferred copyright upon him.
b. Rudy owns the copyright to the painting because he was the one who actually created it.
c. Neither Bong, Rudy, nor the cafeteria operator until the dispute shall been resolved.
d. The cafeteria operator is the owner of the Copyright since he was the one who bought it from Bernie.
2. X is unemployed; however, he is suspected to be a jueteng operator. X has never been charged or convicted of any crime. He has several bank accounts and purchased several houses and lots from Y Realty Corp. amounting to P50,000,000. After that, the Register of Deeds reported his purchases to the Anti-Money Laundering Council (AMLC). Upon request of the AMLC, Z Bank disclosed to it X's bank deposits. Subsequently, X was charged in court for violation of the Anti-Money Laundering Law. X moved to dismiss the case on the ground that he has no criminal record. Is X correct?*
a. Yes, the money laundering crime is not a separate offense from the unlawful activity of being a jueteng operator.
b. Yes, the money laundering crime requires previous conviction for the unlawful activity.
c. No, because X can be held liable if it is committed when the proceeds of an unlawful activity, like jueteng operations, are made to appear as having originated from legitimate sources.
d. Cannot be determined from the facts given. The applicable law cannot be applied.
3. Samsung invented a cellular phone that can also play digital music or MP3s. It applied for the issuance of letters patent.*
a. The invention is not patentable because it is a combination of old functions which does not produce a new result.
b. The invention is patentable because it is a new product which is beneficial to the public.
c. The invention is not patentable because Samsung is a foreign corporation and it should file its application in its home country.
d. The invention is patentable because it combines existing elements, a cellular phone and a digital music player, and produces a new and useful result, namely, the convenience of having two gadgets in one.
4. XX applied for the issuance of a preliminary injunctive order on the ground that she is entitled to the use of the trademark on product A and its container based on her copyright and patent over the same. Can she?*
a. Yes. These are registrable marks
b. No. These are not registrable marks
c. Yes, although its copyrightability and patentability should be registered separately
d. No. These are rights which are not interchangeable. The granting of one right will not necessarily apply to the other rights.
5. U has recently gone into business as a consultant, specializing in the area of online consumer protection. As part of U's services, U offers a seminar on how to avoid online consumer complaints. Which of the following practices will U immediately suggest to his clients?*
a. be sure online contracts include extensive use of specialized legal terminology
b. weave promotional materials into the terms and conditions of sale
c. be sure to accurately describe all online goods and services
d. dispense with confirmation procedures
e. promise not to collect any personal information
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