INTELLECTUAL PROPERTY LAW

FINAL EXAMINATION

PART I

To a gifted person endowed with natural talents, how important is the knowledge of the
law on intellectual property in the acquisition of wealth? Moreover, in the preparation of
your IPL Project, did you gain enough knowledge and understanding of what the subject
law is all about?

Please express your views.

PART II

Ronald invented a machine that can create an infinite source of clean energy. It’s a
wonder machine that can put the oil industry into oblivion, as well as providing the
ultimate solution to the environmental concern on air pollution.

If this concept is a reality, and you are Ronald, would you have the invention patented?

Assuming Ronald had obtained a Philippines Patent, do you think his invention will be
protected in other countries?

Your discussion.

It is a known fact that developing countries want to have access to new technologies
specially related to the production of goods and to basic services. Explain how these
developing countries can make arrangement to access this technology transfer, and
making sure that the contract will not be disadvantageous to them.

Alex owns ACE Farm. Over the years he was able to develop a feed formulation for the
native pigs that are raised in the farm. With his farm-to-table advocacy, he also produces
lechon, which according to his customers, has unique savory taste.

If you were Alex, would you apply for a patent for your feed formulation and the process
for roasting the native pigs as lechon?

Your views.

PART III

a. What is on-line selling of goods?

b. When an on-line seller brings into the market certain goods bearing a well-known
mark, but was a substitution as it was shown to have inferior quality than the
genuine goods of the trademark owner, will the trademark owner be impleaded,
together with the on-line seller under the Consumer Protection Act?
B

Jollibee Foods Corporation is the owner of the mark Jollibee. Given the growing
popularity of Jollibee in other countries where there are big groups of Filipinos, a
businessman in China opened a food store using the mark “Joy-Rul-Bee” which words

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represent a translation of the mark Jollibee, and operates in exactly the same business
concept as Jollibee, including the store designs and logos.

Will this constitute an infringement and unfair competition of Jollibee’s intellectual

property rights?

Your views.

a) How would you differentiate confusion of goods from confusion of business?

b) Having read the case of Asia Brewery, Inc. v. SMI, describe in detail how the
Supreme Court applied the tests to determine if there were confusing similarities
between the two marks.

PART IV

a) What are copyrightable works?

b) A hatch door, by its nature is an object of utility. It is defined as a small door, small
gate or an opening that resembles a window equipped with an escape in case of fire
or emergency. It is by nature, functional and utilitarian.

Assuming X is the owner of this design concept, and to protect his rights thereto,
may he have it patented as an industrial design or have it copyrighted as a design
for a work of art?

a) John Grisham is the author of the novel “The Firm” which gained worldwide
readership. Without the knowledge of Grisham, Warner Brothers, Inc., a movie
company produced a film based on Grisham’s novel.

Is there a violation of Grisham’s intellectual property right? Discuss.

b) Dr. Rocky was former Secretary of Health. After leaving his position in government,
he immediately worked on a book entitled “Covid-19 Pandemic in the Philippine
Setting”, wherein he used government data and information he obtained during his
stint as Cabinet Secretary, but with due acknowledgment of his sources. The
newly-appointed Health Secretary objected to the publication of his book, with his
copyright on it for the main reason that the soon-to-be published book is
considered as “works of the government”.

Rule on the contention of the new DOH Secretary.

a) If you will be doing a thesis for your masteral course, and you need to incorporate
portions of published work, how will you avoid being sued for plagiarism or
infringement of copyright?

b) If Jose Rizal were alive today, how long will his copyright to his novels Noli Me
Tangere and El Filibusterismo subsist?

 End 

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