Intellectual Property Law MCQs – Set 1

[IPL0102] Kris Aquino commissioned Mr. Magaling to write a biography of her late father, Ninoy Aquino, for a fee. Upon completion of the work, Kris paid Mr. Magaling the agreed price. The biography was copyrighted. Kris, however, changed her mind again upon reading the book and decided not to have it published. Can Kris Aquino sell the property without the consent of Mr. Magaling?

[IPL0113] Ely commissioned Marcus, a renowned artist, to paint a mural in the lobby of his newly renovated building located at Binondo, for the sum of P2.0 million. Later on, an infringement case was filed by Marcus against Raimund. Raimund contended that Marcus has no right to file the case. Raimund presented as evidence the contract of Ely and Marcus with a stipulation that the copyright will be owned by A. Rule.

[IPL0117] Mark manufactured rubber shoes under the brand name of Koby. He did not register it but it became popular. Years later, Nelson manufactured rubber shoes using the same design and color as Koby but named it as Shak. Mark filed a case against Nelson. Nelson contended that the name Koby is not protected. Rule.

[IPL0104] Read the following statements and determine which of the choices are correct:

Statement 1: Infringement is the use by others without the registrant’s consent of a reproduction or colorable imitation of his trademark, tradename or service mark with the purpose of causing to mislead or misleading the public that those goods or services are those of the registrant.

Statement 2: The definition of infringement implies that only registered trademarks, trade names and service marks are protected against infringement or unauthorized use by another or others

[IPL0118] Che Che invented a device that can transform rain into fuel. He asked guevarra to help him register it. Guevarra suggested that they form a company and register the same. While the application  is pending, CheChe died. Castro, the estranged husband of CheChe now comes contesting the application of the corporation and filed his own patent application as the sole surviving heir. Rule.

[IPL0114] Rico is a laptop repair technician. A defective laptop was sold to him. He was able to fix. In its hardrive, he found a program which he used to develop FACELOOK. Later, Bob filed an action for damages on account of an infringement of copyright on the program which he owns. Rico raised as a defense that he was unaware that what he used was a copyright material. Rule.

Application 1: Patent for the treatment of the human body by therapy Application 2: Trademark for the signature of President Marcos with the consent of Senator Bong Bong Marcos Application 3: Copyright for a computer program invented by a professor

Which should be approved?

[IPL0105]  To establish trademark infringement, the following elements must be shown: (1) the validity of the plaintiff’s mark; (2) the plaintiff’s ownership of the mark; and (3) the use of the mark or its colorable imitation by the alleged infringer results in “likelihood of confusion” Of these, the element of ______________ is the gravamen of trademark infringement.

[IPL0119] Alberto found that the theory of relativity of Einstein is wrong and the correct formula is E=MC/2. He filed a patent for the same. A relative of Einstein learned of the application and went here to pray for the denial of the application. Rule.

[IPL0115] Piolo and Sam are famous personalities who kept a secret love affair. They used a special instant messaging service which allows them to see one another’s typing on their screen as each letter is pressed. When KC, the controller of the service facility, found out their identities, she kept a copy of all the messages, including the song composed by Sam for Piolo, and later published them. Is KC liable for copyright infringement?

[IPL0112] Ely commissioned Marcus, a renowned artist, to paint a mural in the lobby of his newly renovated building located at Binondo, for the sum of P2.0 million. Later on, an infringement case was filed by Marcus against Raimund. Raimund contended that Marcus has no right to file the case. Rule.

[IPL0101] Mr. Dela Cruz, a first year law student of University of Luzon, photocopied some pages of the Criminal Law book authored by Atty. L. Boado . Atty. Cruz, his professor in Criminal Law 1, saw the photocopies during one of their classes. He scolded Mr. Dela Cruz for not buying the original book and told him that he violated the copyright law and maybe penalized. Is Atty. Cruz correct?

[IPL0116] X sold its energy drink under the brand name of Cobra. He registered a trademark for the drink. Subsequently, Y manufactured boots and sold it under the name of Cobra. X knows that there is no infringement since they have different products. But he wants to file a case on the ground of the theory of dilution so that the case will prosper. He asks you now what are the conditions so he can use this theory.

[IPL0103] Atty. Ana Maganda wrote a legal opinion for a client on the differences of a probationary, regular, casual and seasonal employee. She quoted without permission Atty. Aliling’s comment appearing in his book “Annotations on the Labor Code”, but she indicated the source of the quotation, the book and the author’s name. Atty Aliling is a labor law expert. Can Atty. Aliling hold Atty. Ana Maganda liable for infringement of copyright for quoting a portion of his book without his permission?

[IPL0106] Unilevel Corporation asked your legal advice regarding their plan to use a trademark with the words “SWEET CANDY” However, there is an existing and registered trademark using the words “TWEET CANDY” Which of the following advices are correct.

[IPL0110] The infringer is liable to the following:

Statement 1: An injunction for such infringement

Statement 2: Pay actual, moral and exemplary damages

Statement 3: Deliver for impounding of the articles alleged to infringe a copyright

Statement 4: Deliver for destruction all copies, devices and other means used for making the infringing copies

[IPL0108] The Sogod Hotel chain reproduces DVD’s, distributes the copies thereof to its hotels and makes them available to hotel guests for viewing in the hotel guest rooms and charges a separate fee for the use of the DVD players. Is Sogod Hotel liable for infringement?

[IPL0109] Narciso Planas invented a gas-saving device, manufactured and sold it to the market without securing a patent. San Miguel Co., a rich and well-known company, bought one gadget, dismantled the device and studied it. In due time, the company is manufacturing a gas-saving device similar to the invention of Narciso Planas. Before offering it for sale, the company secured a patent. Below are the actions and defenses available for Narciso Planas. Which of the following statements are correct?

Statement 1: Narciso Planas should first bring an action for the cancellation of the patent illegally secured by San Miguel Company and on the said proceedings, he must prove that he invented the device.

Statement 2: Narciso Planas, being the inventor of the gadget, is the owner of an intellectual creation and is entitled to legal protection of said property right from the unauthorized use of the same by another person or entity.

Statement 3: While the cancellation proceedings are pending, Narciso Planas may ask the court for preliminary injunction to prevent San Miguel from manufacturing more gadgets.

Statement 4: San Miguel Co. has a better right over the invention because they secured a patent before selling the device.