Está en la página 1de 2

1. A medicine already being distributed both in the U.S.

and in the
Philippines by distributor VX authorized by the patent holder is
now being imported by A, a doctor who operates a small clinic and
is using the drug for the treatment of his patients. Is A liable
for patent infringement?
a. Yes. A is liable since VX is the only authorized distributor
of the patented drug.
b. No. A is not liable since section 72 (1) allows such use of
the product.
c. Yes. A is liable since he is not an authorized distributor
of the product.
d. No. A is not liable since this is a case of fair use.

2. A has been importing patented medical drugs from Thailand. The


patent is owned by B. B has a local distribution unit in the
Philippines. B wants to file a case of patent infringement and
importation of counterfeit drugs against A. Will this prosper?
a. No. This is a case of fair use
b. Yes. A counterfeit drug is a form of infringement against
the patent of B.
c. No. An unregistered drug is not the same as a counterfeit
drug and also that section 72 (1) allows such importation by
a 3rd party.
d. Yes. B has not authorized A to distribute the products.

3. When a device appropriates a prior invention by incorporating its


innovative concept and, although with some modification and
change, performs substantially the same function in substantially
the same way to achieve substantially the same result, what test
should be applied?
a. Literal infringement test
b. Denicola test
c. Doctrine of Equivalents test
d. Fair Use test

4. B was selling a product of A who was the patent holder of B’s


product. Apparently, B has been passing A’s patent as his. A
filed a criminal case of infringement against B. will this
prosper?
a. Yes. A is the rightful owner of the patent
b. No. B is exempted under the fair use doctrine
c. Yes. A never authorized B to sell such products as his.
d. No. B has yet to be found guilty of a previous infringement,
hence A has no cause of action.

5. A utility model lasts for:


a. 20years non-renewable
b. 5 years, renewable for another 2 consecutive terms.
c. 7 years, renewable for another 2 consecutive terms.
d. 7 years non-renewable