Module 1: professional ethics I. Principles of professional ethics

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CpELaws Midterm

2. THE LAW ON TRADEMARKS, SERVICE MARKS AND TRADE NAMES (Section 121-170) TRADEMARKS

Trade Secret – defined as a plan or process, tool, mechanism or compound known only to its owner and those of his employees to whom it is necessary to confide it. It extends to a secret formula or process not patented, but known only to certain individuals using it in compounding some article of trade having a commercial value.
- May consist of any formula, pattern, device, or compilation of information that
1. Is used in one’s business and
2. Gives the employer an opportunity to obtain an advantage over competitors who do not possess the information
- Considered privileged matters which the rules of Court do not permit disclosure
Section 73. Prior User. - 73.1. Notwithstanding Section 72 hereof, any prior user, who, in good faith was using the invention or has undertaken serious preparations to use the invention in his enterprise or business, before the filing date or priority date of the application on which a patent is granted, shall have the right to continue the use thereof as envisaged in such preparations within the territory where the patent produces its effect.
Section 74. Use of Invention by Government. - 74.1. A Government agency or third person authorized by the Government may exploit the invention even without agreement of the patent owner where

College of Engineering and Architecture Computer Engineering
CpE Laws and Professional Practice a) The public interest, in particular, national security, nutrition, health or the development of other sectors, as determined by the appropriate agency of the government, so requires orb) A judicial or administrative body has determined that the manner of exploitation, by the owner of the patent or his licensee is anti-competitive.
2. THE LAW ON TRADEMARKS, SERVICE MARKS AND TRADE NAMES
(Section 121-170)
TRADEMARKS "Mark" means any visible sign capable of distinguishing the goods trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. A trademark is a tool used that differentiates goods and services from each other. It is a very important marketing tool that makes the public identify goods and services. A trademark can be one word, a group of words, sign, symbol, logo, or a combination of any of these. Generally, a trademark refers to both trademark and service mark, although a service mark is used to identify those marks used for services only.

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