A. Differentiate trademark, copyright and patent from each other. (6%)
B. What is the doctrine of equivalents? (2%)
C. In what ways would a case for infringement of trademark be different from a case for unfair competition? (3%)
Suggested answer only. Not an official answer and not legal advice.
Trademarks distinguish goods, copyrights protect works, and patents cover technical solutions. Equivalents finds patent infringement for the same function, way, and result. Infringement requires registration, while unfair competition requires fraud.
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Quick check
What primary feature distinguishes a trademark from a copyright and a patent under Republic Act Number 8293?
Trademarks distinguish goods or services, copyrights protect original artistic creations, and patents cover technical solutions.
What test is applied under the doctrine of equivalents to determine patent infringement under Section 75 of RA 8293?
The doctrine of equivalents relies on the function-means-result test to identify patent infringement.
What element is required to establish a case for unfair competition under Section 168 of the Intellectual Property Code?
Unfair competition under Section 168 requires proof of fraudulent intent to pass off goods.
Is prior trademark registration required to maintain an action for trademark infringement under Section 155 of RA 8293?
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Which primary statute governs trademarks, copyrights, patents, and unfair competition in the Philippines?
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Learn more about these topics
1. Intellectual Property Types
Under the Intellectual Property Code of the Philippines (Republic Act Number 8293), trademarks, copyrights, and patents protect distinct legal objects. A trademark is any visible sign capable of distinguishing the goods or services of an enterprise. A copyright protects original literary and artistic creations from the moment of their creation. A patent protects any technical solution of a problem in any field of human activity that is new, involves an inventive step, and is industrially applicable.
2. Doctrine of Equivalents
Under Section 75 of Republic Act Number 8293 and patent jurisprudence, the doctrine of equivalents determines patent infringement when an accused device or process does not literally infringe the patent claims. Under the function-means-result test, infringement occurs if the accused device performs substantially the same function in substantially the same way to achieve substantially the same result. The doctrine prevents infringers from making insubstantial changes to evade the literal language of patent claims.
3. Infringement Versus Unfair
Under Sections 155 and 168 of Republic Act Number 8293, trademark infringement and unfair competition differ fundamentally in registration requirements and fraudulent intent. Trademark infringement requires a registered mark, and liability attaches upon proving likelihood of confusion regardless of fraudulent intent. Conversely, unfair competition does not require trademark registration and focuses on deceptive passing off of goods, requiring proof of fraudulent intent to pass off one's goods as those of another.