Rfbt-Special Topics_Intellectual Properrty Code

Front 1

Intellectual property rights consists of:

Back 1

1. Copyright and Related rights

2. Trademarks and Service Marks

3. Geographic Indications

4. Industrial Designs

5. Patents

6. Layout-Designs (Topograhies) of Integrated Circuits; and

7. Protection of Undisclosed Information (TRIPS)

Front 2

Patentable Inventions

Back 2

Any technical solution of a problem in any field of human activity which is new, involves an inventive step, and is industrially applicable

Front 3

Non-Patentable Inventions

Back 3

1. Discoveries, scientific theories and mathematical methods

2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers

3. Methods for treatment of the human or animal body by surgey or therapy and diagnostic methods excluding products and composition for use in any of these methods

4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals excluding micro-organisms and non-biological and microbiologicwl processes.

5. Aesthetic creations

6. Anything which is contrary to public order or morality

Front 4

An invention shall not be considered new if it forms part of a prior art (Novelty)

Back 4

True

Front 5

Prior art shall consist of:

Back 5

1. Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention.

2. The whole contents of an application for a patent, filed or effective in the Philippines, with a filing or priority date that is earlier than the filing or priority date of the application. Provided, the application which has validly claimed the filing date of earlier application shall be prior act with effect as of the filing date of such earlier application. Provided further, the applicant identified in both applications are not one and the same

Front 6

To whom the right of patent belongs to?

Back 6

-Inventor, his heirs, or assigns

-if jointly made, belong to them jointly

Front 7

Where two or more applications are filed for the same invention, right to patent belongs to?

Back 7

The applicant who has the earliest filing date or the earliest priority date

Front 8

Who shall own the patent to inventions created pursuant to a commission?

Back 8

The person who commissions the work

Front 9

In case the employee made the invention and is not a part of his regular duties, who shall own the patent?

Back 9

Employee

Front 10

If the invention is the result of the performance of employee's regularly-assigned duties, who shall own the patent?

Back 10

Employer; unless there is agreement to the contrart

Front 11

Exclusive rights to a patent conferred to owner where the subject matter is a product

Back 11

Prohibit from using the product

Front 12

Exclusive rights to a patent conferred to owner where the subject matter is a process

Back 12

Prohibit from using the process and product obtained directly or indirectly from such process

Front 13

Other rights of patent owners

Back 13

-Right to assign ot transfer by succession thr patent

-right to conclude licensing contracts for the same

Front 14

Any visible sign capable of distinguishing the goods

Back 14

Trademark

Front 15

Any visible sign capable of distinguishing the services

Back 15

Service mark

Front 16

Any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristics including the quality of goods or services of different enterprises

Back 16

Collective Mark

Front 17

Name or designation distinguishing an enterprise

Back 17

Trade name

Front 18

Duration of certificate of registration of trademarks

Back 18

10 years

Front 19

When shall registrant file a declaration of actual use and evidence to that effect or show valid reasons based on the existence of obstacles?

Back 19

Within 1 year from the 5th anniversary of the date of the registration of the mark

Front 20

In determining whether a mark is well-known, account shall be taken of the knowledge of?

Back 20

Relevant sector of public rather than of the public at large

Front 21

The exclusive right of owner of well-known mark shall extend to goods and services which are not similar provided that?

Back 21

-the use of that mark would indicate connection between those goods or services

-the interests of the owner of the registered mark are likely to be damaged by such use

Front 22

Examples of Derivative works

Back 22

1. Dramatizations, translations, adaptations, abridgements, arrangements, and other alterations of literary works

2. Collections and compilations

Front 23

Derivative works shall be protected as new works provided what?

Back 23

Such new work shall not affect the force of any subsisting copyright upon the original works.

Front 24

Copyright ownership shall belong to whom in case of joint authorship and parts cannot be identified or used separately

Back 24

Co-authors governed by co-ownership

Front 25

Term of Copyrights

Back 25

Lifetime plus 50 years after death

Front 26

Persons to be charged with posthumous enforcement of copyrights to be filed with the National library

Back 26

-named in writing; if none

-heirs; if none

-Director of National Library