Philippine Bar review · Question

Practice question: Transfer, Assignment, and Licensing

Multiple Choice Hard

Practice question

An exclusive licensee holds a defined economic right under a valid agreement. A defendant argues that only an assignment can ever convey enforcement rights and that exclusive licensing is never recognized. Which amended Section 180 rule answers?
  1. All licences are unenforceable.
  2. Exclusivity automatically conveys every unrelated right.
  3. The exclusive licensee has the licensor's rights and remedies within the exclusive licence's scope.
  4. The defendant becomes copyright owner by objecting.
  5. Only physical ownership supplies remedies.

Legal references

  • RA8293, IP Code, Sections177,180–182,184–185 and216: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
  • RA10372 amendments to IP Code Sections180 and216: https://lawphil.net/statutes/repacts/ra2013/ra_10372_2013.html

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