1.

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?

a) X;
b) Institute of Computer Technology;
c) Neither X nor the Institute Computer Technology can claim patent right over the invention;
d) X and the employer of X will jointly have the rights over the patent.

Answer:
a) X. (BAR 2012)

2. X invented a device which, through the use of noise, can recharge a cellphone battery. He applied for and
was granted a patent on his device, effective within the Philippines. As it turns out, a year before the
grant of X’s patent, Y, also an inventor, invented a similar device which he used in his cellphone
business in Manila. But X files an injunctive suit against Y to stop him from using the device on the
ground of patent infringement. Will the suit prosper?

a. No, since the correct remedy for X is a civil action for damages.
b. No, since Y is a prior user in good faith.
c. Yes, since X is the first to register his device for patent registration.
d. Yes, since Y unwittingly used X’s patented invention.

Answer:
b. No, since Y is a prior user in good faith. (BAR 2011)

3. Compulsory Licensing of Inventions which are duly patented may be dispensed with or will be allowed
exploitation even without agreement of the patent owner under certain circumstances, like national
emergency, for reason of public interest, like national security, etc. The person who can grant such
authority is—

a) The Director General of the Intellectual Property Office;

b) The Director of Legal Affairs of the Intellectual Property Office;
c) The owner of the Patent right;
d) Any agent of the owner of the Patent right.

Answer:
b) The Director of Legal Affairs of the Intellectual Property Office. (BAR 2012)

4. “Eagleson Refillers, Co.,” a firm that sells water to the public, opposes the trade name application of
“Eagleson Laundry, Co.,” on the ground that such trade name tends to deceive trade circles or confuse
the public with respect to the water firm’s registered trade name. Will the opposition prosper?

a. Yes, since such use is likely to deceive or confuse the public.

b. Yes, since both companies use water in conducting their business.
c. No, since the companies are not engaged in the same line of business.
d. No, since the root word “Eagle” is a generic name not subject to registration.
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 Answer:
c) No, since the companies are not engaged in the same line of business. (BAR 2011)

5. The “test of dominancy” in the Law on Trademarks, is a way to determine whether there exists an
infringement of a trademark by—

a) Determining if the use of the mark has been dominant in the market;
b) Focusing on the similarity of the prevalent features of the competing marks which might create
confusion;
c) Looking at the mark whether they are similar in size, form or color;
d) Looking at the mark whether there is one specific feature that is dominant.

Answer:
b) Focusing on the similarity of the prevalent features of the competing marks which might create confusion.
(BAR 2012)

6. T is the registered trademark owner of “CROCOS” which he uses on his ready-to-wear clothes. Banking
on the popularity of T’s trademark, B came up with his own “CROCOS” mark, which he then used for his
“CROCOS” burgers. T now sues B for trademark infringement but B argues that his product is a burger,
hence, there is no infringement. Is B correct?

a. No, since the owner of a well-known mark registered in the Philippines has rights that extends even
to dissimilar kinds of goods.
b. Yes, since the right of the owner of a well-known mark registered in the Philippines does not extend
to goods which are not of the same kind.
c. Yes, as B was in bad faith in coming up with his own “CROCOS” mark.
d. No, since unlike T, he did not register his own “CROCOS” mark for his product.

Answer:
a. No, since the owner of a well-known mark registered in the Philippines has rights that extends even to
dissimilar kinds of goods. (BAR 2011)

7. In intellectual property cases, fraudulent intent is not an element of the cause of action except in cases
involving:

a. Trademark infringement
b. Copyright infringement
c. Patent infringement
d. Unfair competition

Answer:
a. Trademark infringement (BAR 2014)

8. Under the Intellectual Property Code, lectures, sermons, addresses or dissertations prepared for oral
delivery, whether or not reduced in writing or other material forms, are regarded as
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 a. Non-original works.
b. Original works.
c. Derivative works.
d. Not subject to protection.

Answer:
b. Original works. (BAR 2011)

9. X, an amateur astronomer, stumbled upon what appeared to be massive volcanic eruption in Jupiter
while peering at the planet through his telescope. The following week, X, without notes, presented a
lecture on his findings before the Association of Astronomers of the Philippines. To his dismay, he later
read an article in a science journal written by Y, a professional astronomer, repeating exactly what X
discovered without any attribution to him. Has Y infringed on X’s copyright, if any?

a. No, since X did not reduce his lecture in writing or other material form.
b. Yes, since the lecture is considered X’s original work.
c. No, since no protection extends to any discovery, even if expressed, explained, illustrated, or
embodied in a work.
d. Yes, since Y’s article failed to make any attribution to X.

Answer:
a. No, since no protection extends to any discovery, even if expressed, explained, illustrated, or embodied
in a work. (BAR 2011)

10. X came up with a new way of presenting a telephone directory in a mobile phone, which he dubbed as
the “iTel” and which uses lesser time for locating names and telephone numbers. May X have his “iTel”
copyrighted in his name?

a. No, because it is a mere system or method.

b. Yes, because it is an original creation.
c. Yes, because it entailed the application of X’s intellect.
d. No, because it did not entail any application of X’s intellect.

Answer:
a. No, because it is a mere system or method. (BAR 2011)

11. Apart from economic rights, the author of a copyright also has moral rights which he may transfer by
way of assignment. The term of these moral rights shall last

a. During the author’s lifetime and for 50 years after his death.
b. Forever.
c. 50 years from the time the author created his work.
d. During the author’s lifetime.

Answer:
a.. During the author’s lifetime and for 50 years after his death. (BAR 2011)
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 NB # a is the correct answer because the question pertains to moral rights in general although as pointed out in
previous comment, the right of attribution is forever.

12. T, an associate attorney in XYZ Law Office, wrote a newspaper publisher a letter disputing a columnist’s
claim about an incident in the attorney’s family. T used the law firm’s letterhead and its computer in
preparing the letter. T also requested the firm’s messenger to deliver the letter to the publisher. Who
owns the copyright to the letter?

a. T, since he is the original creator of the contents of the letter.

b. Both T and the publisher, one wrote the letter to the other who has possession of it.
c. The law office since it was an employee and he wrote it on the firm’s letterhead.
d. The publisher to whom the letter was sent.

Answer:
A. T, since he is the original creator of the contents of the letter. (BAR 2011)

13. The Fair Use Doctrine allows others to utilize copyrighted works under certain conditions. The factors
to consider whether use is fair or not would be the purpose and character of the use, nature of the
copyrighted work, amount and substantially of the portions used, and else?

a) Effect of the use upon the creator of the work;

b) Effect upon the potential market of the work;
c) Effect of the use upon the public in general;
d) Effect of the use upon the class in which the creator belongs.

Answer:
b) Effect upon the potential market of the work. (BAR 2012)

14. X’s painting of Madonna and Child was used by her mother to print some personalized gift wrapper. As
part of her mother’s efforts to raise funds for Bantay Bata, the mother of X sold the wrapper to friends.
Y, an entrepreneur, liked the painting in the wrapper and made many copies and sold the same through
National Bookstore. Which statement is most accurate?

a) Y can use the painting for his use because this is not a copyrightable material;
b) X can sue Y for infringement because artistic works are protected from the moment of creation;
c) Works of art need to be copyrighted also to get protection under the law;
d) Y can use the drawing even though not copyrighted because it is already a public property
having been published already.

Answer:
b) X can sue Y for infringement because artistic works are protected from the moment of creation. (BAR 2012)

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