3/7/22, 5:05 PM BAM 242_P2 EXAMINATION_(PART 2)

BAM 242_P2 EXAMINATION_(PART 2)

[email protected] Switch account Draft saved

* Required

I. MULTIPLE CHOICE QUESTIONS. 1 point each

Select the letter of the best answer

Which of the following works are protected and can be copyrighted? *

A. A biography containing your life, love and success.

B. News of the day and other facts having the character of mere press information.

C. Any work of the Government of the Philippines.

D. None of the choices

https://docs.google.com/forms/d/e/1FAIpQLSfzhQCAVXeIXhpy7r-UzXKG0VE_xR_iDfjBsRpp8cIU--xYGg/formResponse 1/12
3/7/22, 5:05 PM BAM 242_P2 EXAMINATION_(PART 2)

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. *

A. Unilevel is a well-known company and their products are patronized country-wide,

they can use the trademark SWEET CANDY because TWEET CANDY is owned by a
small-time company whose market is within Luzon only.

B. The firm must abandon the plan because another company uses the trademark
Tweet Candy and there is a danger of a suit for infringement. The words Sweet and
Tweet is almost similar in sound and they can confuse or mislead the public.

C. They can use the SWEET CANDY as long as there will be a very different packaging
and flavors so as not to mislead the public.

D. None of the choices

https://docs.google.com/forms/d/e/1FAIpQLSfzhQCAVXeIXhpy7r-UzXKG0VE_xR_iDfjBsRpp8cIU--xYGg/formResponse 2/12
3/7/22, 5:05 PM BAM 242_P2 EXAMINATION_(PART 2)

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
are production 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 *

A. Only Statement 1 is true

B. Both statements are true

C. Neither statements is true

D. Only Statement 2 is true

https://docs.google.com/forms/d/e/1FAIpQLSfzhQCAVXeIXhpy7r-UzXKG0VE_xR_iDfjBsRpp8cIU--xYGg/formResponse 3/12
3/7/22, 5:05 PM BAM 242_P2 EXAMINATION_(PART 2)

Paul, doing a cosmetics business, owns a copyright to the name of its facial
cream “chin chin suk” and patent rights for its heart shape case. John, who owns
a merchandising company advertised and sold the same product to the public.
Paul filed a petition for preliminary injunction against John for violation of his
patent and copyright. Rule. *

A. A preliminary injunction under the rules of court is not the proper remedy in this
case

B. The copyright and patent of the name effectively protects Paul from unauthorized
use of the same to the exclusion of others

C. The copyright and patent registration of a trade name would not guarantee the
registrant the right to the exclusive use of the product, not being the proper subjects
thereof.

D. All choices

https://docs.google.com/forms/d/e/1FAIpQLSfzhQCAVXeIXhpy7r-UzXKG0VE_xR_iDfjBsRpp8cIU--xYGg/formResponse 4/12
3/7/22, 5:05 PM BAM 242_P2 EXAMINATION_(PART 2)

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? *

A. Yes, Kris Aquino can sell the copyrighted biography of her father without need of
securing the consent of Mr. Magaling, the writer of said biography.

B. Mr. Magaling entered into a contract with Kris Aquino and having compensated, he
had parted with all his rights to the said book, in effect making Kris his assignee.

C. The assignee’s rights include the right to sell the work without the consent of the
writer, Mr. Magaling.

D. All choices

https://docs.google.com/forms/d/e/1FAIpQLSfzhQCAVXeIXhpy7r-UzXKG0VE_xR_iDfjBsRpp8cIU--xYGg/formResponse 5/12
3/7/22, 5:05 PM BAM 242_P2 EXAMINATION_(PART 2)

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? *

A. Yes, because the reproduction of the DVD’s violate the copyright or economic rights
of the owner of the film. The hotel charge fees for the use of DVD player as well as
there are room charges, they earn gain from the use of the DVD because it entice the
guests to check-in in their hotel.

B. No, the DVD viewing is done privately in the hotel guest rooms.

C. No, the DVD viewing is part of the hotel services and it is the use of the DVD
players that is charged and not the cost of the DVD.

D. None of the choices

https://docs.google.com/forms/d/e/1FAIpQLSfzhQCAVXeIXhpy7r-UzXKG0VE_xR_iDfjBsRpp8cIU--xYGg/formResponse 6/12
3/7/22, 5:05 PM BAM 242_P2 EXAMINATION_(PART 2)

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. *

A. Actual damage is suffered by the X

B. If there is a connection between the energy drink and the boots

C. There is confusion in the market as a result of the same brand name with different
products

D. None of the choices

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? *

A. Application 3

B. Application 2

C. Applications 2 & 3

D. Application 1

https://docs.google.com/forms/d/e/1FAIpQLSfzhQCAVXeIXhpy7r-UzXKG0VE_xR_iDfjBsRpp8cIU--xYGg/formResponse 7/12
3/7/22, 5:05 PM BAM 242_P2 EXAMINATION_(PART 2)

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. *

A. The relative of Einstein has no personality to file the petition

B. The application should be denied since the formula has no relevance to any human
activity or solves any problem

C. The application should be denied since the new formula needs to be validated by
the science community

D. None of the choices

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. Lateron,
an infringement case was filed by Marcus against Raimund. Raimund contended
that Marcus has no right to file the case. Rule. *

A. Marcus has no right because he has no interest to the painting

B. Marcus has no right since Ely owns the painting

C. Marcus has a right provided he obtains the consent of Ely being as the owner of the
painting.

D. Marcus has a right since he owns the copyright to the painting , being its creator.

https://docs.google.com/forms/d/e/1FAIpQLSfzhQCAVXeIXhpy7r-UzXKG0VE_xR_iDfjBsRpp8cIU--xYGg/formResponse 8/12
3/7/22, 5:05 PM BAM 242_P2 EXAMINATION_(PART 2)

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. *

A. The defense is not valid since there was bad faith when he copied the program
considering that the laptop was only sold to him

B. The defense is valid. Good faith can be used in this case since the laptop is already
beyond repair when it was sold to him.

C. The defense is not valid. It is immaterial whether the infringer was aware or not
that the material he copied has a copyright.

D. The defense is valid since the computer program is an invention hence, not covered
by a copyright

https://docs.google.com/forms/d/e/1FAIpQLSfzhQCAVXeIXhpy7r-UzXKG0VE_xR_iDfjBsRpp8cIU--xYGg/formResponse 9/12
3/7/22, 5:05 PM BAM 242_P2 EXAMINATION_(PART 2)

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. *

A. Statement 4 is correct

B. Statements 1, 2 and 3 are correct

C. Statements 1 and 2 are correct.

D. Statements 1 and 3 are correct

https://docs.google.com/forms/d/e/1FAIpQLSfzhQCAVXeIXhpy7r-UzXKG0VE_xR_iDfjBsRpp8cIU--xYGg/formResponse 10/12
3/7/22, 5:05 PM BAM 242_P2 EXAMINATION_(PART 2)

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? *

A. No, the letters are not in the form required by law to be protected by copyright

B. Yes, the law does not distinguish if the letters are handwritten or in electronic form

C. Yes, provided the electronic data is authenticated

D. No, there is no artistic or literary work in the letters published

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. *

A. Nelson is liable since the name is already popular

B. Nelson is not liable since the name is not registered

C. Nelson is liable but not for infringement

D. Nelson is not liable because he gave it a different name

https://docs.google.com/forms/d/e/1FAIpQLSfzhQCAVXeIXhpy7r-UzXKG0VE_xR_iDfjBsRpp8cIU--xYGg/formResponse 11/12
3/7/22, 5:05 PM BAM 242_P2 EXAMINATION_(PART 2)

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. *

A. Castro has no right since the right to the invention retroacts from its filing hence,
favors the corporation

B. Castro has a right being the heir of Che Che. It also appears that the corporation is
not authorized to file the application

C. Castro has no right since property rights to the invention already passed to the
corporation

D. Castro has a right provided it is proven in the estate proceedings of Che Che

Back Next Clear form

Never submit passwords through Google Forms.

This form was created inside of Phinma Education. Report Abuse

 Forms

https://docs.google.com/forms/d/e/1FAIpQLSfzhQCAVXeIXhpy7r-UzXKG0VE_xR_iDfjBsRpp8cIU--xYGg/formResponse 12/12