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Question I

2009 Bar · Mercantile Law · 1 sub-question

I. 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.

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