Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

IP Bar QA 2

Download as pdf or txt
Download as pdf or txt
You are on page 1of 2

1

UP Law Complex, Sample Bar Q and As for Intellectual Property



1. S Development Corporation sued Shangrila Corporation for using the S logo and the
tradename Shangrila. The former claims that it was the first to register the logo and the
tradename in the Philippines and that it had been using the same in its restaurant business.

Shangri-La corporation counters that it is an affiliate of an international organization which
has been using such logo and tradename Shangrila for over 20 years.

However, Shangrila corporation registered the tradename and logo in the Philippines only
after the suit was filed. (Bar 2005)

a. Which of the two corporations has a better write to use the logo and the tradename?

S Development Corporation has a better right to use the logo and tradename, since it was
the first to register the logo and tradname. (Sec. 123(d) IPC)

b. How does the international affiliation of Shangri-La corporation take the outcome of
the dispute? Explain.

Since Shangrila corporation is not the owner of the logo and tradename but is merely an
affiliate of the international organization which is been using them, it is not the owner
and does not have the rights of an owner. (Sec. 147 IPC)

2. Cezar works in a car manufacturing company owned by Joab. Cezar is quite innovative and
loves to tinker with things. With the materials and parts of the car, he was able to invent a
gas-saving device that will enable cars to consume less gas. Francis, a co-worker, saw how
Cezar created the device and likewise, came up with a similar gadget, also using scrap
materials and spare parts of the company. Thereafter, Francis filed an application for
registration of his device with the Bureau of Patents. 18 months later, Cezar filed his
application for the registration of his device with the Bureau of Patents. (Bar 2005)

a. Is the gas-saving device patentable? Explain.

It is patentable because it is new, it involves an inventive step and it is industrially
applicable. (Sec. 21, IPC)

b. Assuming that it is patentable, who is entitled to the patent? What, if any, is the remedy
of the losing party?

Francis is entitled to the patent, because he had the earlier filing date (Sec. 29, IPC). The
remedy of Cezar is to file a petition in court for the cancellation of the patent of Francis
on the ground that he is the true and actual inventor, and ask for his substitution as
patentee. (Secs. 67 and 68, IPC)

2

c. Supposing Joab got wind of the inventions of his employees and also laid claim to the
patents, asserting that Cezar and Francis were using his materials and company time in
making the devices, will his claim prevail over those of his employees? Explain.

The claim of Joab will not prevail over those of his employees, even if they used his
materials and company time in making the gas-saving device. The invention of the gas-
saving device is not part of their regular duties as employees. (Sec. 30.2a, IPC)

You might also like