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Philippine Bar review · Question

Practice question: Assignment and Transmission of Rights

Multiple Choice Hard

Practice question

A co-owner grants a third-party license, obtains the other owners’ consent to neither the license nor a proceeds arrangement, and retains all proceeds. He relies on his right personally to manufacture for profit. Does that right alone justify the grant?
  1. Yes, personal manufacture and third-party licensing are identical
  2. Yes, retaining all proceeds is mandatory
  3. Only the third party decides
  4. No; Section 107 separately restricts licensing or assignment in terms of co-owner consent or proportional division of proceeds
  5. No co-owner may ever manufacture personally

Legal references

  • RA 8293, Intellectual Property Code, Sections 67-70, 73 and 76-107, read with RA 9502: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html

Answer this question in flashcards to review your response and continue practicing.