SAINT MARY’S UNIVERSITY

Bayombong, Nueva Vizcaya

COLLEGE OF LAW

FINAL EXAMINATION
INTELLECTUAL PROPERTY LAW

PART I. CHOOSE THE BEST ANSWER.

1. It is any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise
and shall Include a stamped or marked container of goods.
a. Mark
b. Collective Mark
c. Tradename
d. Copymark

2. It is any visible sign designated as such in the application for registration and capable of distinguishing the origin
or any other common characteristic, including the quality of goods or services of different enterprises which use
the sign under the Control of the registered owner of the collective mark.
a. Mark
b. Collective Mark
c. Tradename
d. Copymark

3. It is the name or designation identifying or distinguishing an enterprise.

a. Mark
b. Collective Mark
c. Tradename
d. Copymark

4. I. A certificate of registration of a mark shall be conclusive evidence of the validity of the registration, the
registrant's ownership of the mark, and of the registrant's exclusive right to use the same.
II. A certificate of registration shall remain in force for 15 years.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

5. I. In infringement of trademark, fraudulent intent is unnecessary.

II. In unfair competition, fraudulent intent is essential.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

6. I. In infringement of trademark, the prior registration of the trademark is a prerequisite to the action.
II. In unfair competition, registration is not necessary.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

7. I. The dominancy test focuses on the similarity of the prevalent features of the competing trademarks that might
cause confusion or deception.
II. The holistic test requires the court to consider the entirety of the marks as applied to the products, including the
labels and packaging, in determining confusing similarity.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

8. It refers to a mark considered well-known by the competent authority of the country where protection for the mark
is sought.
a. Trademark
b. Service mark
c. Well-known mark
d. Patent mark

9. It means any visible sign designated as such in the application for registration and capable of distinguishing the
origin or any other common characteristic.
 a. Collective mark
b. Collective sign
c. Collective symbol
d. Collective logo

10. It is the name or designation identifying or distinguishing an enterprise.

a. Trade name
b. Trade mark
c. Business permit
d. Goodwill

11. A mark cannot be registered if it:

a. 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
b. Consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions,
or of any foreign nation, or any simulation thereof
c. Consists of a name, portrait or signature identifying a 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
d. All of the above

12. I. The nature of the goods to which the mark is applied will not constitute an obstacle to registration.
II. The Intellectual Property Office (IPO) may accept as prima facie evidence that the mark has become
Distinctive, proof of substantially exclusive and continuous use thereof by the applicant in commerce in the
Philippines for 5 years before the date on which the claim of distinctiveness is made.
a. Only I is true
b. Only II is true
c. c Both are true
d. Both are false

13. I. A certificate of registration of a mark may be issued to the assignee of the applicant.
II. A certificate of registration of a mark shall be prima facie evidence of the validity of the registration, the
registrant's ownership of the mark, and of the registrant's exclusive right to use the same in connection with the
goods or services and those that are related thereto specified in the certificate.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

14. I. A certificate of registration shall remain in force for 10 years.

II. A certificate of registration may be renewed for periods of 10 years at its expiration.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

15. I. The owner of a registered mark shall have the exclusive right to prevent all third parties not having the owner's
consent from using in the course of trade identical or similar signs or containers for goods or services which are
identical or similar to those in respect of which the trademark is registered where such use would result in a
likelihood of confusion.
II. In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be
presumed.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

16. I. The exclusive right of the owner of a well-known mark which is registered in the Philippines, shall extend to
goods and services which are not similar to those in respect of which the mark is registered.
II. Registration of the mark shall not confer on the registered owner the right to preclude third parties from using
bona fide their names, addresses, pseudonyms, a geographical name, or exact indications concerning the kind,
quality, quantity, destination, value, place of origin, or time of production or of supply, of their goods or services.
a. Only 1 is true
b. Only 11 is true
c. Both are true
d. Both are false
17. I. An application for registration of a mark, or its registration, may be assigned or transferred with or without the
transfer of the business using the mark.
II. The assignment of the application for registration of a mark, or of its registration, shall be in writing and require
the signatures of the contracting parties.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

18. I. Assignments and transfers of registration of marks shall be recorded at the IPO; assignment and transfers of
applications for registration shall be provisionally recorded, and the mark, when registered, shall be in the name of
the assignee or transferee.
II. Assignments and transfers shall have no effect against third parties until they are recorded at the IPO.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

19. I. A petition to cancel a registration of a mark may be filed by any person who believes that he is or will be
damaged by the registration of a mark.
II. Non-use of a mark may be excused if caused by circumstances arising independently of the will of the
trademark owner. Lack of funds shall excuse non-use of a mark.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

20. I. 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 a ground for cancellation or removal of the mark and shall not diminish the protection
granted to the mark
II. The use of a mark by a company related with the registrant or applicant shall inure to the latter's benefit, and
such use shall not affect the validity of such mark or of its registration.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

21. Any person who shall, without the consent of the owner of the registered mark, use in commerce any
reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant
feature thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services
including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with
which such use is likely to cause confusion, or to cause mistake, or to deceive.
a. Infringement of trademark
b. Copyrighting of trademark
c. Patenting of trademark
d. Unfair competition of trademark

22. Any person who shall, without the consent of the owner of the registered mark reproduce, counterfeit, copy or
colorably imitate a registered mark or a dominant feature thereof and apply such reproduction, counterfeit, copy or
colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used
in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services
on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive.
a. Infringement of trademark
b. Copyrighting of trademark
c. Patenting of trademark
d. Unfair competition of trademark

23. I. The owner of a registered mark may recover damages from any person who infringes his rights.
II. The measure of the damages suffered shall be either the reasonable profit which the complaining party would
have made, had the defendant not infringed his rights, or the profit which the defendant actually made out of the
infringement
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

24. I. In any action in which a violation of any right of the owner of the registered mark is established, the court may
order those goods found to be infringing be, without compensation of any sort, disposed of outside the channels
of commerce or destroyed.
 II. 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-
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

25. I. A registered mark shall have no effect against any person who, in good faith, before the filing date or the priority
date, was using the mark for the purposes of his business or enterprise.
II. Where an infringer who is engaged solely in the business of printing the mark or other infringing materials for
others is an innocent infringer, the owner of the right infringed shall be entitled as against such infringer only to an
injunction against future printing.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

26. I. Any person who shall employ deception or any other means contrary to good faith by which he shall pass off the
goods manufactured by him or in which he deals, or his business, or services for those of the one having
established such goodwill or who shall commit any acts calculated to produce said result, shall be guilty of unfair
competition.
II. A person who has identified in the mind of the public the goods he manufactures or deals in, his business or
services from those of others, whether or not a registered mark is employed, has a property right in the goodwill of
the said goods, business or services so identified, which will be protected in the same manner as other property
rights.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

27. The following shall be deemed guilty of unfair competition:

a. Any person, who is selling his goods and gives them the general appearance of goods of another
manufacturer or dealer, either as to the goods themselves or in the wrapping of the packages in which
they are contained, or the devices or words thereon, or in any other feature of their appearance, which
would likely influence purchasers to believe that the goods offered are those of a manufacturer or dealer,
other than the actual manufacturer or dealer.
b. Any person who by any artifice, or device, or who employs any other means calculated to induce the false
belief that such person is offering the services of another who has identified such services in the mind of
the public.
c. Any person who shall make any false statement in the course of trade or who shall commit any other act
contrary to good faith of a nature calculated to discredit the goods, business or services of another.
d. All of the above

28. Is the natural person who has created a work?

a. Author
b. Inventor
c. Tradename
d. Owner

29. Is a work which has been created by two or more natural persons at the initiative and under the direction of
another with the understanding that it will be disclosed by the latter under his own name and that contributing
natural persons will not be identified?
a. Combined work
b. Consolidated work
c. Collective work
d. Merged work

30. It is the making of a work available to the public by wire or wireless means in such a way that members of the
public may access these works from a place and time individually chosen by them.
a. Publication to the public
b. Communication to the public
c. Printing to the public
d. Advertisement to the public

31. It is the transfer of possession of the original or a copy of a work or sound recording for a limited period, for non-
profit purposes, by an institution the services of which are available to the public, such as public library or archive.
a. Commodatum
b. Mutuum
 c. Private lending
d. Public lending

32. It is the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any
device or process in the case of a work other than an audio-visual work.
a. Private performance
b. Public performance
c. Private publishing
d. Public publishing

33. These are works, which, with the consent of the authors, are made available to the public by wire or wireless
means in such a way that members of the public may access these works from a place and time individually
chosen by them.
Published works
Private performance
Public performance
None of the above

34. Is the transfer of the possession of the original or a copy of a work or a sound recording for a limited period of time
for profit-making purposes?
a. Reproduction
b. Rental
c. Licensing
d. None of the above

35. Is the making of one or more copies of a work or a sound recording in any manner or form? V
a. Reproduction
b. Rental
c. Licensing
d. None of the above

36. Is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or
produced on an industrial scale?
a. Work of implied art
b. Work of express art
c. Work of applied art
d. None of the above

37. It is information which identifies the work, sound recording, or performance; the author of the work, producer of
the sound recording, or performer of the performance; the owner of any right in the work, sound recording or
performance; and any number or code that represent such information, when any of these items is attached to a
copy of the work, sound recording or fixation of performance or appears in conjunction with the communication to
the public of a work, sound recording or performance.
a. Right identification of information
b. Right recording of information
c. Right management information
d. None of the above

38. Literary and artistic works are original intellectual creations in the literary and artistic domain protected from the
moment of their creation
Works are protected by the sole fact of their creation, irrespective of their mode or form of expressiori, 'as well as
of their content, quality, and purpose.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

39. The following derivative works, shall also be protected by copyright:

I. Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or
artistic works; and
II. Collections of literary, scholarly or artistic works, and compilations oi data and other materials which are
original by reason of the selection oi coordination or arrangement of their contents.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

40. I. No protection shall extend 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, j administrative or legal nature, as well as any official translation thereof.
II. No copyright shall subsist in any work of the Government of the Philippines.
Only I is true
Only II is true
Both are true
Both are false

41. 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 or substantial portion of the work
b. Dramatization, translation, adaptation, abridgment arrangement, or other transformation of the work
c. Public display of the original or a copy of the work
d. None of the above

42. In the case of work created by an author during and in the course of his employment, the copyright shall belong
to:
I. The employer, if the creation of the object of copyright is not a part of his regular duties even if the
employee uses the time, facilities, and materials of the employer.
II. The employee, if the work is the result of the performance of his regularly-assigned duties, unless there is
an agreement, express, or implied, to the contrary.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

43. I. In the case of a work-commissioned by a person other than an employer of the author and who pays for it and
the work is made in pursuance of the commission, the person who so commissioned the work shall have
ownership of work, but the Copyright thereto shall remain with the creator, unless there is a written stipulation to
the contrary.
II. In the case of audio-visual work, the copyright shall belong to the producer, the author of the scenario, the
composer of the music, the film director, and the author of the work so adapted.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

44. I. In respect of letters, the copyright shall belong to the writer.

II. The publishers shall be deemed to represent the authors of articles and other writings published without the
names of the authors or under pseudonyms, unless the contrary appears, or the pseudonyms or of the
anonymous works discloses his identity.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

45. I. The copyright may be assigned in whole or in part

II. The copyright is not deemed assigned inter vivos in whole or in part unless there is a written indication of such
intention.
a. Only 1 is true
b. Only II is true
c. Both are true
d. Both are false

46. I. 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.
II. The copyright is distinct from the property in the material object subject to it Consequently, the transfer or
assignment, or licensing of the copyright shall not itself constitute a transfer of the material object. Nor shall a
transfer or assignment or licensing of the sole copy or of one or several copies of the work imply transfer or
assignment of the copyright
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

47. The following acts shall not constitute infringement of copyright:

a. 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
 b. The making of quotations from a published work if they are compatible with fair use and only to the extent
justified for the purpose, including quotations from newspaper articles and periodicals in the form of press
summaries: Provided, That the source and the name of the author, if appearing on the work, are
mentioned.
c. The reproduction or communication to the public by mass media of articles on current political, ;social,
economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are
delivered in public if such use is for information purposes and has not been expressly reserved: Provided,
That the source is clearly indicated,
d. All of the above

48. I. 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
II. Decompilation, which is understood here to be the reproduction of the code and translation of the forms’ of
computer program to achieve the inter-operability of an independently created computer program with other
programs may also constitute fair use.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

49. The author of a work shall have the right (Scope of Moral Rights):
a. To require that the authorship of the works be attributed to him, in particular, the right that his name, as
far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of
his work;
b. To make any alterations of his work prior to, or to withhold it from publication;
c. To object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his
work which would be prejudicial to his honor or reputation;
d. All of the above

50. I. An author cannot be compelled to perform his contract to create a work or for the publication of his work already
in existence. However, he may be held liable for damages for breach of such contract
II. When an author contributes to a collective work, his right to have his contribution attributed to him is deemed
waived unless he expressly reserves it.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

51. An author may waive his moral rights by a written instrument, but no such waiver shall be valid where its effects is
to permit another:
I. To use the name of the author, or the title of his work, or otherwise to make use of his reputation with
respect to any version or adaptation of his work which, because of alterations therein, would substantially
tend to injure the literary or artistic reputation of another author
II. To use the name of the author with respect to a work he did not create.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

52. Are actors, singers, musicians, dancers, and other persons who act, sing, declaim, play in, interpret, or otherwise
perform literary and artistic work?
a. Professionals
b. Specialists
c. Consultants
d. Performers

53. Is a work that consists of a series of related images which Impart the impression of motion, with or without
accompanying sounds, susceptible of being made visible and, where accompanied by sounds, susceptible of
being made audible?
a. Sound recording
b. Audio recording
c. Fixation
d. Audio-visual work

54. It is the embodiment of sounds, or of the representations thereof, from | which they can be perceived, reproduced,
or communicated through a device.
a. Sound recording
b. Audio recording
c. Fixation
 d. Audio-visual work

55. It is the transmission by wireless means for the public reception of sounds or of images or of representations
thereof.
a. Broadcasting
b. Communication
c. Announcement
d. None of the above

56. Performers shall enjoy the following exclusive rights:

a. The right of authorizing the direct or indirect reproduction of their performances fixed in sound recordings,
in any manner or form.
b. The right of authorizing the commercial rental to the public of the original and copies of their
performances fixed in sound recordings, even after distribution of them by, or pursuant to the
authorization by the performer.
c. The right of authorizing the making available to the public of their performances fixed in sound recordmgs,
by wire or wireless means, in such a way that members of the public may access them from a place and
time individually chosen by them.
d. All of the above.

57. Producers of sound recordings shall enjoy the following exclusive rights:
a. The right to authorize the direct or indirect reproduction of their sound recordings, in any manner or form;
the placing of these reproductions in the market and the right of rental or lending.
b. The right to authorize the first public distribution of the original and copies of their sound recordings
through sale or rental or other forms of transferring ownership.
c. The right to authorize the commercial rental to the public of the original and copies of their sound
recordings, even after distribution by them by or pursuant to authorization by the producer.
d. All of the above

58. I. in case of works of joint authorship, the economic rights shall be protected during the life of the last surviving
author and for 50 years after his death.
II. In case of anonymous or pseudonymous works, the copyright shall be protected for 50 years from the date on
which the work was first lawfully published.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

59. In case of audio-visual works including those produced by process analogous to photography or any process for
making audio-visual recordings, die term shall be 50 years from date of publication and, if unpublished, from the
date of making.
II. In case of works of applied art, the protection shall be for a period of 25 years from the date of making.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

60. The rights granted to performers and producers of sound recordings under this law shall expire:
I. For performances not incorporated in recordings, 50 years from the end of the year in which the performance
took place.
II. For sound or image and sound recordings and for performances incorporated therein, 50 years from the end of
the year in which the recording took place,
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

61. Any person infringing a right under the law on copyright shall be liable:
a. To an injunction restraining such infringement.
b. To pay to the copyright proprietor or his assigns or heirs such
c. actual damages, including legal costs and other expenses, as he may have incurred due to the
infringement as well as the profits the infringer may have made due to such infringement.
d. To deliver under oath, for impounding during the pendency of the action, upon such terms and conditions
as the court may prescribe, sales invoices; and other documents evidencing sales, all articles and their
packaging alleged to infringe a copyright and implements
e. All of the above

62. I. 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.
 II. The person or body, corporate whose name appears on an audio-visual work in the usual manner shall, in the
absence of proof to the contrary, be presumed to be the maker of said work.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

63. Any interested person may petition to cancel the patent or any claim thereof, or parts of the claim, on any of the
following grounds:
a. That the patent is invalid.
b. That what is claimed as the invention is not new or patentable.
c. That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be
carried out by any person skill in the art
d. All of the above.

64. If two 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.
a. First-to-File Rule
b. Second-to-File Rule
c. Third-to-File Rule
d. Fourth-to-File Rule

65. 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.
a. Right of Priority
b. First-to-File Rule
c. Reciprocity Rule
d. Reverse Reciprocity Rule

66. A patent shall confer on its owner the following exclusive rights:
a. Where the subject matter of a patent is a product, to restrain, prohibit and prevent any unauthorized
person or entity from making, using, offering for sale, selling or importing that product
b. Where the subject matter of a patent is a process, to restrain, prevent or prohibit any unauthorized person
or entity from using the process, and from manufacturing, dealing in, using, selling or offering for sale, or
importing any product obtained directly or indirectly from such process.
c. To assign, or transfer by succession the patent, and to conclude licensing contracts for the same.
d. All of the above

67. Any__________ user who, in good faith, was using the invention or has undertaken serious preparations to use
the invention in his enterprise or business, before the Filing date or priority date of the application on which a
patent is granted, shall have the right to continue the use thereof as envisaged in such preparations within the
territory where the patent produces its effect.
a. Subsequent
b. Succeeding
c. Preceding
d. Prior

68. It provides that an infringement also takes place when a device appropriates a prior invention by incorporating its
innovative concept and, although with some modification and change, performs substantially the same function in
substantially the same way to achieve substantially the same result.
a. Doctrine of Appropriation
b. Doctrine of Incorporation •
c. Doctrine of Equivalents
d. Doctrine of Innovation

69. The function of trademark is:

a. To point out distinctly the origin or ownership of the goods to which it is affixed.
b. To secure to him, who has been instrumental in bringing into the market a superior article of merchandise,
the fruit of his industry and skill.
c. To protect the manufacturer against substitution and sale of an inferior and different article as his product.
d. All of the above

70. Modern authorities on trademark law view trademarks as performing three distinct functions:
a. The Indicate origin or ownership of the articles to which they are attached.
b. They guarantee that those articles come up to a certain standard of quality.
c. They advertise the articles they symbolize.
d. All of the above
71. It is any distinctive word, name, symbol, emblem, sign, or device, or anyl combination thereof, adopted, and used
by a manufacturer or merchant on! his goods to identity and distinguish them from those manufactured, sold or
dealt by others.
a. Patent
b. Trademark
c. Copyright
d. Tradename

72. It focuses on the similarity of the prevalent features of the competing trademarks which might cause confusion or
deception and thus constitute infringement.
a. Dominancy test
b. Holistic test
c. Totality test
d. Prevalence test

73. I. The Dominancy test focuses on the similarity of the prevalent or dominant features of the competing trademarks
that might cause confusion, mistake or deception in the mind of the purchasing public.
II. The Holistic or Totality test necessitates a consideration of the entirety of the marks as applied to the products,
including labels and packaging in determining confusing similarity.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

74. I. The determinative factor in contests involving registration of trademark is not whether the challenged mark
would actually cause confusion or deception of the purchasers but whether the use of such mark would likely
cause confusion or mistake on the part of the buying public.
II. To constitute an infringement of an existing trademark and warrant a denial of an application for registration,
the law does not require that the competing trademarks must be identical as to produce actual error or mistake; It
would be sufficient that the similarity between the two labels Is such diet there is a possibility or likelihood of the
purchaser of the older brand mistaking the newer brand for It
a. Only I Is true
b. Only It Is true
c. Both are true
d. Both are false

75. It is the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the
presence or absence of competition between the owner of the famous mark and other parties or likelihood of
confusion, mistake or deception.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

76. I. One who has adopted and used a trademark on his goods does not prevent the adoption and use of the same
trademark by others for products which are of a different description.
II. The mere unauthorized use of a container bearing a registered trademark in connection with the sale,
distribution, or advertising of goods or services which is ’likely to cause confusion, mistake or deception among
the buyers or consumers can be considered as trademark infringement
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

77. To establish trademark infringement, the following elements must be shown:

I. The validity of plaintiffs mark.
II. The plaintiffs ownership of the mark.
III. The use of the mark or its colorable imitation by the alleged infringer results in "likelihood of confusion."
a. Only I is true
b. Only II is true
c. Only III is true
d. I, II, and III are true

78. ls an Intangible Incorporeal right to certain literary, scholarly, scientific and artistic productions granted by statute
to the author or creator of the work, and giving him, his heirs and assigns economic tights?
a. Copyright
b. Trademark
c. Patent
 d. Unfair Competition

79. It refers to the right granted by a statute to the proprietor of ar, intellectual production to Its exclusive use and
enjoyment to the extend specified in the statute.
a. Copyright
b. Trademark
c. Patent
d. Unfair Competition

80. It is committed by any person who shall use original literary or artistic works, or derivative works without the
copyright owner's consent in such a manner as to violate the specified economic rights.
a. Copyright infringement
b. Trademark infringement
c. Patent infringement
d. Unfair Competition infringement

81. A person entitled to a copyright must be the original creator of the work II. In copyright, the format or mechanics of
a television show is included in the list of protected works.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

82. 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 infringement copyright
a. Doctrine of Equal Use
b. Doctrine of Fair Use
c. Doctrine of Just Use
d. Doctrine of Objective Use

83. I. In determining the question of infringement, the amount of matter copied from the copyrighted work is an
important consideration.
II. To constitute infringement, it is necessary that the whole or even a large portion of the work shall have been
copied.
a. Only is true
b. Only 11 is true
c. Both are true
d. Both are false

84. It is any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped
or marked container of goods.
a. Patent
b. Trademark
c. Copyright
d. None of the above.

85. It is confined to literary and artistic works which are original intellectual creations in the literary and artistic domain
protected from the moment of their creation.
a. Patent
b. Trademark
c. Copyright
d. Industrial design

86. An infringement occurs when a device appropriates a prior invention by incorporating its innovative concept and,
albeit with some modification and change, performs substantially the same function in substantially the same way
to achieve substantially the same result
a. Doctrine of Equivalents
b. Doctrine of Incorporation
c. Doctrine of appropriation
d. Doctrine of modification

87. One who actively induces the infringement of a patent or provides the infringer with a component of a patented
product or of a product produced because of a patented process knowing it to be especially adopted for infringing
and not suitable for substantial non-infringing.
a. Principal by Inducement
b. Contributory Infringer
c. Solidary Infringer
d. Joint Infringer
88. I. 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 die
same.
II. Trademark is a creation of use and, therefore, actual use is a pre-requisite to exclusive ownership; registration
is only an administrative confirmation of the existence of the right of ownership of the mark, but does not perfect
such right; actual use thereof is the perfecting ingredient.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

89. Similarity in size, form, and color, while relevant is not conclusive. If the competing trademark contains the main or
essential features of another, and confusion takes is likely to result, infringement takes place.
a. Holistic Test
b. Dominancy Test
c. Visible Test
d. Vital Test

90. To determine whether a trademark has been infringed, we must consider the mark as a whole and not as
dissected. If the buyer is deceived, it is attributable to the marks as a totality, not usually to any part of it
a. Holistic Test
b. Dominancy Test
c. Visible Test
d. Vital Test

91. To establish trademark infringement, the following elements must be shown:

a. The validity of the mark.
b. The plaintiffs ownership of the mark.
c. The use of the mark or its colorable imitation by the alleged infringer results in “likelihood of confusion”
d. All of the above.

92. I. A mere distributor and not the owner cannot assert any protection from trademark infringement as it had no right
in the first place to the registration of the disputed trademarks.
II. The crucial issue in any trademark Infringement case is the likelihood of confusion, mistake or deceit as to the
identity, source or origin of the goods or identity of the business as a consequence of using a certain mark.
a. Only l is true
b. Only II is true
c. Both are true
d. Both are false

93. I. To be entitled to copyright, the thing being copyrighted must be original, created by the author through his own
judgment without directly copying or evasively imitating the work of another.
II. The format or mechanics of a TV show is not copyrightable as copyright does not extend to ideas, procedures,
processes, systems, methods of operation, concepts, principles or discoveries regardless of the form in which
they are described, explained, illustrated or embodied.
a. Only I Is true
b. Only II Is true
c. Both are true
d. Both are false

94. After the _____ sale of the lawfully made copy of the copyrighted work, anyone who is the owner of that copy can
sell or dispose of that copy in any way without any liability for copyright infringement
a. First
b. Second
c. Third
d. Fourth

95. I. The first sale of an authorized copy of the work exhausts the author's right to control distribution of copies.
II. Moral rights are assignable or subject to license.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

96. In copyright, the factors to consider in determining fair use are the following:
a. The purpose and character of the use, including whether such use 1 is of a commercial nature or is for
non-profit educational purposes.
b. The amount of substantiality of the portion used in relation to the ] copyrighted work as a whole.
c. The effect of the use Upon the potential market for or value of the copyrighted work.
 d. All of the above.

97. I. Infringement consists in the doing by any person, without the consent of the owner of the copyright, of anything
the sole right to do which is conferred by statute on the owner of the copyright.
98. II. For there to be substantial reproduction of a book, it does not necessarily require that the entire copyrighted
work, or even a large portion of it, be copied. If so much is taken that the value-of the original work is substantially
diminished, there is an infringement of copyright.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

99. Is a work created by an officer or employee of the Philippine Government or any of its subdivisions and
instrumentalities, including government- owned or controlled corporations as part of his regularly prescribed
official duties.
a. A work of the Government of the Philippines
b. A work of the civil servant
c. A work of a public officer or employee
d. None of the above

100. It is the fixation of the sounds of a performance or of other sounds, or representation of sound, other than
in the form of a fixation incorporated in a cinematographic or other audio-visual work.
a. Sound recording
b. Audio recording
c. Fixation
d. Audio-visual work

PART II. Answer briefly and concisely.

1. On 12 April 2000, PHILITES filed a trademark application covering its fluorescent bulb, incandescent light, starter
and ballast. After publication, "PHILIPS" filed a Verified Notice of Opposition on 17 March 2006 alleging that the
use and registration of the applied for mark by PHILITES will mislead the public as to the origin, nature, quality,
and characteristic of the goods on which it is affixed and the PHILITES' application for registration is tantamount
to fraud as it seeks to register and obtain legal protection for an identical or confusingly similar mark that clearly
infringes upon the established rights of the respondent over its registered and internationally well-known mark.

a. Explain the two tests in determining similarity and likelihood of confusion of intellectual property.
b. Is the mark applied for by PHILITES identical or confusingly similar with that of PHILIPS.