September 28, 2010
The bar examinations in Mercantile Law given last Sunday, September 19, contained a total of 9 IP questions with a total weight of 21%. Since Mercantile Law carries a weight of 15% in the entire four Sundays of bar examinations, IP questions translate to a weight of 3.15 points in the candidate’s total score. Given the history of the bar examinations, the IP questions can very well spell the difference between a bar passer and a bar flunker, or between a bar topnotcher and a regular passer.
The IP questions are reproduced below. BNU prepared suggested answers to the IP questions under the IP Views page of this site.
A. What contractual stipulations are required in all technology transfer agreements? (2%)
B. Enumerate three (3) stipulations that are prohibited in technology transfer agreements. (3%)
C. Can an article of commerce serve as a trademark and at the same time enjoy patent and copyright protection? Explain and give an example. (2%)
While vacationing in Boracay, Valentino surreptitiously took photographs of his girlfriend Monaliza in her skimpy bikini. Two weeks later, her photographs appeared in the Internet and in a national celebrity magazine.
Monaliza found out that Valentino had sold the photographs to the magazine and, adding insult to injury, uploaded them to his personal blog on the Internet.
A. Monaliza filed a complaint against Valentino for damages based on, among other grounds, violation of her intellectual property rights. Does she have any cause of action? Explain. (2%)
B. Valentino’s friend Francesco stole the photographs and duplicated them and sold them to a magazine publication. Valentino sued Francesco for infringement and damages. Does Valentino have any cause of action? Explain. (2%)
C. Does Monaliza have any cause of action against Francesco? Explain. (2%)
For years, Y has been engaged in the parallel importation of famous brands, including shoes carrying the foreign brand MAGIC. Exclusive distributor X demands that Y cease importation because of his appointment as exclusive distributor of MAGIC shoes in the Philippines.
Y counters that the trademark MAGIC is not registered with the Intellectual Property Office as a trademark and therefore no one has the right to prevent its parallel importation.
A. Who is correct? Why? (2%)
B. Suppose the shoes are covered by a Philippine patent issued to the brand owner, what would your answer be? Explain. (2%)
Dr. Nobel discovered a new method of treating Alzheimer’s involving a special method of diagnosing the disease, treating it with a new medicine that has been discovered after long experimentation and field testing, and novel mental isometric exercises. He comes to you for advice on how he can have his discoveries protected.
Can he legally protect his new method of diagnosis, the new medicine, and the new method of treatment? If no, why? If yes, how? (4%)