Philippine Bar review · Question

Practice question: Copyrightable and Non-Copyrightable Works

Multiple Choice Medium

Practice question

An original ornamental design for a manufactured article is not registrable as an industrial design. Is that fact alone conclusive against copyright under Section 172.1(h)?
  1. Yes; patentability is mandatory for all artistic works.
  2. Yes; useful articles can never contain copyrightable art.
  3. No; because every technical function becomes copyrighted.
  4. No; the copyright category expressly applies whether or not the design is industrial-design registrable.
  5. Yes; copyright is restricted to handwritten poems.

Legal references

  • RA 8293, Intellectual Property Code, Sections 171-179, 184-185 and 193-197: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
  • RA 10372, Sections 4, 8-12, 16-17, copyright amendments: https://lawphil.net/statutes/repacts/ra2013/ra_10372_2013.html

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