Mcq (New Topics-special Laws) - Part (16)

1. A medicine already being distributed both 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. s A liable for patent infringement! a. "es. A is liable since VX is the only authorized authorized distributor of the patented drug.  b. No. A is not liable liable since section 72 (1) allows such such use of the product. c. "es. A is liable since he is not an authorized distributor of the product. d. #o. A is not liable liable since this this is a case of fair fair use. $. A has been importing patented patented medical drugs from %hailand. %he patent is owned by &. & has a local distribution unit in the Philippines. & wants to file a case of patent infringement and importation of counterfeit drugs against A. 'ill this prosper! a. #o. %his %his is a case case of fair fair use use b. "es. A counterfeit counterfeit drug is a form of infringement infringement against the patent of &. c. No. An unregistered unregistered drug is not the same as a counterfeit drug and also that section 72 (1) allows such importation by rd  a 3  party. d. "es. & has not authorized A to distribute distribute the products. products. (. 'hen a de)ice de)ice appropriates appropriates a prior in)ention by incorporating its inno)ati)e concept and, although with some modification and change, performs substantially the same function in substantially the same way to achie)e substantially the same result, what test should be applied! a. *iteral *iteral infrin infringemen gement t test test b. +enico +enicola la test test c. Doctrine Doctrine of !ui"alent !ui"alents s test d. air air Use Use tes test t -. & was selling selling a product product of A who who was the patent holder of &s product. Apparently, & has been passing As patent as his. A filed a criminal case of infringement against &. will this prosper! a. "es. A is the the rightful rightful owner owner of the the patent patent b. #o. & is e/empted e/empted under under the fair use doctrin doctrine e c. "es. A ne)er ne)er authorized & to sell such products as his. d. No. # has yet to be found guilty of a pre"ious pre"ious infringement$ infringement$ hence A has no cause of action. 0. A utility utility model lasts for a. $2years $2years non3renew non3renewable able b. 0 years, renewable for for another $ consecuti)e consecuti)e terms. c. 4 years, renewable for for another $ consecuti)e consecuti)e terms. d. 7 years years non%renew non%renewable able