Favorite Bar Areas of Justice Ramon Paul L. Hernando [Part 6] [2009 Bar True or False] TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%) • The Denicola Test in intellectual property law states that if design elements of an article reflect a merger of aesthetic and functional considerations, the artistic aspects of the work cannot be conceptually separable from the utilitarian aspects; thus, the article cannot be copyrighted. • If the Ombudsman is convinced that there is a violation of law after investigating a complaint alleging illicit bank deposits of a public officer, the Ombudsman may order the bank concerned to allow in camera inspection of bank records and documents. • Even if the seller and the buyer in a sale in bulk violate the Bulk Sales Law, the sale would still be valid. • Dividends on shares of stocks can only be declared out of unrestricted retained earnings of the corporation. • A bank under receivership can still grant new loans and accept new deposits. E- Commerce Act - Cecilio’s family members did as instructed, and succeeded in reaching, through text messages, more than 80% of the residents in the subdivision. Is Cecilio habitually engaged in commerce even if the grocery store has yet to be established? Explain your answer. ( 2009, Bar). True or False (2009, Bar) TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false. Explain your answer in not more than two (2) sentences. (5%) A loan agreement which provides that the debtor shall pay interest at the rate determined by the bank’s branch manager violates the disclosure requirement of the Truth in Lending Act. Under the Warehouse Receipts Law, a warehouseman loses his lien upon the goods when he surrenders possession thereof. The Howey Test states that there is an investment contract when a person invests money in a common enterprise and is led to expect profits primarily from the efforts of others. A document, dated July 15, 2009, that reads: "Pay to X or order the sum of P5,000.00 five days after his pet dog, Sparky, dies. Signed Y." is a negotiable instrument. "A bank is bound to know its depositor’s signature" is an inflexible rule in determining the liability of a bank in forgery cases. ---- Bulk Sales Law XXX Corporation (XXX) and its sister company, YYY Corporation (YYY), are both under judicial receivership. The receiver has the option to sell all or substantially all of the properties of YYY to XXX, or simply merge the two corporations. Under either option, the requirements under the Corporation Code have to be complied with. The receiver seeks your advice on whether the Bulk Sales Law will apply to either, or both, options. What will your advice be? Explain. (2009, Bar). --- Trademark law; Copy right law; Injuction (2009, Bar) - After disposing of his last opponent in only two rounds in Las Vegas, the renowned Filipino boxer Sonny Bachao arrived at the Ninoy Aquino International Airport met by thousands of hero-worshipping fans and hundreds of media photographers. The following day, a colored photograph of Sonny wearing a black polo shirt embroidered with the 2-inch Lacoste crocodile logo appeared on the front page of every Philippine newspaper. Lacoste International, the French firm that manufactures Lacoste apparel and owns the Lacoste trademark, decided to cash in on the universal popularity of the boxing icon. It reprinted the photographs, with the permission of the newspaper publishers, and went on a world-wide blitz of print commercials in which Sonny is shown wearing a Lacoste shirt alongside the phrase "Sonny Bachao just loves Lacoste." When Sonny sees the Lacoste advertisements, he hires you as lawyer and asks you to sue Lacoste International before a Philippine court: For trademark infringement in the Philippines because Lacoste International used his image without his permission; (2%) For copyright infringement because of the unauthorized use of the published photographs; (2%) and For injunction in order to stop Lacoste International from featuring him in their commercials. (2%) Will these actions prosper? Explain. Can Lacoste International validly invoke the defense that it is not a Philippine company and, therefore, Philippine courts have no jurisdiction? Explain. (2%) The END fb_@PhilJuris https://bit.ly/3hg0Zxc