LIZA AINGELICA B.

PILA

II-B NURSING

INTELLECTUAL PROPERTY LAW

Intellectual property law deals with the rules for securing and

enforcing legal rights to inventions, designs, and artistic works. Just as
the law protects ownership of personal property and real estate, so too
does it protect the exclusive control of intangible assets. Intellectual
property (IP) refers to creations of the mind, such as inventions; literary
and artistic works; designs; and symbols, names and images used in
commerce.

It also deals with the rules for securing and enforcing legal rights to
inventions, designs, and artistic works. Just as the law protects ownership
of personal property and real estate, so too does it protect the exclusive
control of intangible assets. The purpose of these laws is to give an
incentive for people to develop creative works that benefit society, by
ensuring they can profit from their works without fear of misappropriation
by others.

Article I, Section 8 of the U.S. Constitution gives Congress express

authority to grant authors and inventors exclusive rights to their
creations. Section 8 also gives Congress the power to regulate interstate
and foreign commerce, providing further support for its right to legislate
in this area. Intellectual property laws passed by Congress are
administered by two government agencies, the U.S. Patent and
Trademark Office, and the U.S. Copyright Office.

Patents give inventors the right to use their product in the

marketplace, or to profit by transferring that right to someone else.
Depending on the type of invention, patent rights are valid for up to 20
years. Qualifying items include new machines, technological
improvements, and manufactured goods, including the "look" of a
product. Patent protection will be denied if an invention is found to be
obvious in design, not useful, or morally offensive.

Trademarks protect symbols, names, and slogans used to identify

goods and services. The purpose is to avoid confusion, deter misleading
advertising, and help consumers distinguish one brand from another.
Since the goal is to distinguish, generic or purely descriptive marks may
not qualify. Rights can potentially last forever, and they are obtained by
simply using a mark. While not required, owners can register their marks
for additional protection.

Copyrights apply to writings, music, motion pictures, architecture,

and other original intellectual and artistic expressions. Protection is not
available for theories or ideas, or anything that has not been captured in
a fixed medium. The act of creation itself produces a copyright and
unpublished works are still protected. Use of a copyright symbol and date
is common, but not mandatory. Most copyrights are valid for the creator's
lifetime, plus 70 years.

Copyright. Federal copyright law protects original creative works such as

paintings, writing, architecture, movies, software, photos, dance, and
music. A work must meet certain minimum requirements to qualify for
copyright protection. The length of protection also varies depending on
when the work was created or first published.

Trademark. Brand names such as Nike and Apple, as well as logos,

slogans, and other devices that identify and distinguish products and
services, are protected under federal and state trademark laws. Unlike
copyrighted works, trademarks receive different degrees of protection
depending on numerous variables, including the consumer awareness of
the trademark, the type of service and product it identifies, and the
geographic area in which the trademark is used.

Right of Publicity. A patchwork of state laws known as the right of

publicity protects the image and name of a person. These laws protect
against the unauthorized use of a person’s name or image for commercial
purposes—for example, the use of your picture on a box of cereal. The
extent of this protection varies from state to state. Trade Secrets. State
and federal trade secret laws protect sensitive business information. An
example of a trade secret would be a confidential marketing plan for the
introduction of a new software product or the secret recipe for a brand of
salsa. The extent of trade secret protection depends on whether the
information gives the business an advantage over competitors, is kept a
secret, and is not known by competitors.

Right of Privacy. Although not part of intellectual property laws, state

privacy laws preserve the right of all people to be left alone. Invasion of
privacy occurs when someone publishes or publicly exploits information
about another person’s private affairs. Invasion of privacy laws prevent
you from intruding on, exposing private facts about, or falsely portraying
someone. The extent of this protection may vary if the subject is a public
figure—for example, a celebrity or politician
COPYRIGHT LAW

The Philippine copyright law or officially known as the Republic Act

No. 8293 is based on the copyright law of the United States. The
Philippine copyright law also protects trademarks, patents and even
various forms of intellectual property. You might have also heard about
the Optical Media Act, which aims to protect local artists against piracy.
The same Act protects computer programs and video games. 

The purpose of copyright law is to promote the progress of useful

arts and science by protecting the exclusive right of authors and inventors
to benefit from their works of authorship. To this end, the US Copyright
Act of 1976 -a complete revision of the Copyright Act of 1909- protects all
the works of authorship created between 1978 and the present. This
protection extends to works that are unpublished but are in a fixed and
tangible form. Copyright law is regulated by the federal government by
registering copyrighted works through the Copyright Office (a division of
the Library of Congress) and by enforcing copyright laws in the federal
court system.
The most commonly litigated issue in copyright law involves
copyright infringement. Disputes regarding the violation of any exclusive
right granted under copyright law, such as copying a work, are filed in
federal courts due to Federal Preemption.

Copyright law protects literary, musical, graphic, or other artistic

forms in which an author expresses intellectual concepts. In the context
of copyright law an author is the creator of any copyrightable creation.
Any author creation that meets the standards of copyright law is
protectible under copyright law and considered to be a work of
authorship. The main two requirements to meet the standards of
copyright law are originality and fixation.

Under Philippine law, original intellectual creations in the literary

and artistic domain are copyrightable. These include books, pamphlets,
articles and other writings; periodicals and newspapers; lectures,
sermons, addresses, dissertations prepared for oral delivery; letters;
dramatic or dramatico-musical compositions; choreographic works or
entertainment in dumb shows; musical compositions; drawing, painting,
architecture, sculpture, engraving, lithography; models or designs for
works of art; original ornamental designs or models for articles of
manufacture; illustrations, maps, plans, sketches, charts and three-
dimensional works relative to geography, topography, architecture or
science; drawings or plastic works of a scientific or technical character;
photographic works including works produced by a process analogous to
photography; lantern slides; audiovisual works and cinematographic
works and works produced by a process analogous to cinematography or
any process for making audio-visual recordings; pictorial illustrations and
advertisements and computer programs.

Derivative works are also protected as new works, provided that it

does not affect the existing copyright on original works. Derivative works
may include: dramatizations, translations, adaptations, abridgements,
arrangements, and other alterations of literary music work; collections of
literary, scholarly or artistic works, and compilations of data and other
materials which are original by reason of the selection or coordination or
arrangement of their contents.

What works are not protected by copyright under Philippine law?

Copyright protection does not cover:

1. Idea, procedure, system method or operation, concept, principle,

discovery or mere data as such, even if they are expressed,
explained, illustrated or embodied in a work;
2. News of the day and other miscellaneous facts having the character
of mere items of press information;
 3. Official text of a legislative, administrative or legal nature, as well
as any official translation thereof;
4. Work of the Philippine Government, unless there was a prior
approval by the appropriate government agency; and
5. Statutes, rules and regulations, and speeches, lectures, sermons,
addresses, and dissertations, pronounced, read or rendered in
courts of justice, before administrative agencies, in deliberative
assemblies and in meetings of public character.

Who are considered owners of the copyrightable works?

The owners of original literary and artistic works are:

1. The author of the work;

2. If the work is of joint ownership:
1. The co-authors are the original owners and in the absence of
agreement, their rights shall be governed by the rules on co-
ownership.
2. The author of each part is the owner of such part he/she
created, if the work consists of parts that can be used
separately and the author of each part can be identified.
3. If the work is created in the course of employment:
1. Employee is the owner, if the work created is not part of
employee’s regular duties even if he uses the time, facilities
and materials of the employer;
2. Employer is the owner, if the work created is the result of the
performance of employee’s regularly-assigned duties, unless
otherwise agreed upon.
4. If the work was commissioned, the one who commissioned the work
jointly owns it with the author/creator – but the copyright of the
work remains with author/creator, unless otherwise agreed upon;
5. In the case of audio-visual work, the copyright belongs to the
producer, the author of the scenario, the music composer, the film
 director, and the author of the work adapted. However, unless
otherwise agreed upon among the creators, the producer has the
right to exercise copyright to the extent required for the exhibition
of the work in any manner, except for the right to collect license
fees for the performance of musical compositions, with or without
words, which are incorporated into the work.
6. With respect to letters, the copyright belongs to the writer subject
to the following:
1. Letters and other private communications in writing are
owned by the person to whom they are addressed and
delivered, but the same cannot be published or disseminated
without the consent of the writer or his heirs.
2. However, the court may authorize the publication or
dissemination if the public goods or the interest of justice so
requires.

What are the penalties provided by Philippine law for copyright

infringement?

Under Philippine law, copyright infringement is punishable by the

following:

1. Imprisonment of between 1 to 3 years and a fine of between 50,000

to 150,000 pesos for the first offense.
2. Imprisonment of 3 years and 1 day to six years plus a fine of
between 150,000 to 500,000 pesos for the second offense.
3. Imprisonment of 6 years and 1 day to 9 years plus a fine ranging
from 500,000 to 1,500,000 pesos for the third and subsequent
offenses.

The offending party may also be ordered to pay civil damages.

Injunction and destruction of the infringing goods or products can also be
obtained, as well as seizure and impounding of any article which may
serve as evidence in the court proceedings.

PRIVACY OF PERSONAL AND PUBLIC DOMAIN

The Public Domain Review is committed to protecting and

respecting your privacy and we have taken measures to
be GDPR compliant. We know your privacy is important to you and will
only use your personal information to provide the products and services
you have requested.

This Policy explains when and why we collect personal information

from visitors to our website, how we use it, the conditions under which we
may disclose it to others and how we keep it secure.

We may change this Policy from time to time so please check this
page occasionally to ensure that you’re happy with any changes. By using
our website, you’re agreeing to be bound by this Policy.

Under R.A. 10173, your personal data is treated almost literally in

the same way as your own personal property. Thus, it should never be
collected, processed and stored by any organization without your explicit
consent, unless otherwise provided by law. Information controllers usually
solicit your consent through a consent form. Aside from protecting you
against unfair means of personal data collection, this right also requires
personal information controllers (PICs) to notify you if your data have
been compromised, in a timely manner.

As a data subject, you have the right to be informed that your personal
data will be, are being, or were, collected and processed.

The Right to be Informed is a most basic right as it empowers you

as a data subject to consider other actions to protect your data privacy
and assert your other privacy rights.
 The term public domain is generally thought to be anything which
can be found on the internet or in media, which has no specific cost to
access. Take for example a telephone number in a telephone directory, an
email address on a LinkedIn profile or a name published in a newspaper
article.

Colloquially this is not incorrect, however the term originates from

intellectual property such as designs, music and other media. Where any
of these found in the public domain are no longer considered to be owned
and therefore free to use. A good example of this is the music
compositions of Mozart, which is now in the public domain and free to use
due to its age.

The domain name governing body ICANN requires all website

owners to make their personal information publicly available. Their
contact information is free for anyone to search in the WHOIS directory.
WHOIS includes accurate identification and contact details comprising the
email, phone number and mailing address of everyone that has registered
a domain. Currently, the only way to keep this information private (to
protect your identity, minimize spam, prevent unsolicited marketing
outreach and protect against domain hijacking) is via a service known
as domain privacy.

Domain registrars offer domain privacy through a service called

WHOIS privacy protection. WHOIS privacy protection is a service to
protect you from people finding your personal information in the WHOIS
records. Buying into this will hide a domain registrant’s personal
information from public view to keep it private.

WHOIS is a public database that allows anyone to look up the

identity of a domain owner. The details of all domain owners are
considered public information. When you purchase a domain, the domain
name registrar is required to report specific pieces of information about
the registrant for the public record, this record is known as the WHOIS
database.

What if you don’t want your contact information readily available?

The answer is purchasing privacy protection from your domain

registrar. With WHOIS privacy, your contact information is shielded. When
someone searches for your domain in the WHOIS records, they will find
information belonging to your domain registrar is visible instead.

Public domain personal data protected under the law

Personal data, be it publicly available or not, is subject to protection

under the Personal Data (Privacy) Ordinance (the “Ordinance”).

Prior to the enactment of the Ordinance in 1995, the Law Reform

Commission had carefully deliberated on whether public registers should
be exempted completely from the Ordinance and concluded that it should
not. In the public consultation exercises leading to the latest amendments
to the Ordinance (effective 1 October 2012 and 1 April 2013), the
Government reaffirmed the view that “putting personal data in the public
domain does not make the data available for use for any purpose”. This
was upheld in a Court of Appeal judgment delivered in February this year
(Re Hui Kee Chun, CACV 4/2012).

Imagine the consequences if the opposite view was true. First, data
users may get around the law by deliberately publicising the data in the
public domain. Further, improper use of personal data which had been
accidentally leaked to the public domain would be legitimized.
NETIQUETTE RULES AND GUIDELINES

As the internet brought new forms of communication, it quickly became

evident that new rules of behavior were needed to help people adapt. The
term netiquette (a combination of internet + etiquette) was coined to
describe acceptable behaviors for social engagement in cyberspace. It all
comes down to treating other people the way you want to be treated.

Basic Rule of Netiquette

In 1994, a technology writer named Virginia Shea published a book

called Netiquette that described suggested behaviors for effective online
interactions. The contents of the book have been reprinted so widely
online that they've become a standard. Many colleges and universities
include the rules on their websites to help maintain peaceful online
academic communities. Even with rapid advances in online searches and
social media over the past 25 years, the core message of the book still
holds true. The first rule of Netiquette is often called the Golden
Rule because it corresponds to the basic rule of getting along that most of
us are taught as children: do unto others as you'd want them do unto
you. 

Rule 1: Remember the Human

 When communicating electronically, whether through email, instant
message, discussion post, text, or some other method, practice the
Golden Rule: Do unto others as you would have others do unto you.
Remember, your written words are read by real people, all deserving of
respectful communication. Before you press "send" or "submit," ask
yourself, "Would I be okay with this if someone else had written it?"

Rule 2: Adhere to the same standards of behavior online that you follow
in real life

While it can be argued that standards of behavior may be different

in the virtual world, they certainly should not be lower. You should do
your best to act within the laws and ethical manners of society whenever
you inhabit "cyberspace." Would you behave rudely to someone face-to-
face? On most occasions, no. Neither should you behave this way in the
virtual world.

Rule 3: Know where you are in cyberspace

"Netiquette varies from domain to domain." (Shea, 1994)

Depending on where you are in the virtual world, the same written
communication can be acceptable in one area, where it might be
considered inappropriate in another. What you text to a friend may not be
appropriate in an email to a classmate or colleague. Can you think of
another example?

Rule 4: Respect other people's time and bandwidth

Electronic communication takes time: time to read and time in

which to respond. Most people today lead busy lives, just like you do, and
don't have time to read or respond to frivolous emails or discussion posts.
As a virtual world communicator, it is your responsibility to make sure
that the time spent reading your words isn't wasted. Make your written
communication meaningful and to the point, without extraneous text or
superfluous graphics or attachments that may take forever to download.
Rule 5: Make yourself look good online

One of the best things about the virtual world is the lack of
judgment associated with your physical appearance, sound of your voice,
or the clothes you wear (unless you post a video of yourself singing
Karaoke in a clown outfit.) You will, however, be judged by the quality of
your writing, so keep the following tips in mind:

Always check for spelling and grammar errors

Know what you're talking about and state it clearly

Be pleasant and polite

Rule 6: Share expert knowledge

The Internet offers its users many benefits; one is the ease in which
information can be shared or accessed and in fact, this "information
sharing" capability is one of the reasons the Internet was founded. So in
the spirit of the Internet's "founding fathers," share what you know! When
you post a question and receive intelligent answers, share the results with
others. Are you an expert at something? Post resources and references
about your subject matter. Recently expanded your knowledge about a
subject that might be of interest to others? Share that as well.

Rule 7: Help keep flame wars under control

What is meant by "flaming" and "flame wars?" "Flaming is what

people do when they express a strongly held opinion without holding back
any emotion." (Shea, 1994). As an example, think of the kinds of
passionate comments you might read on a sports blog. While "flaming" is
not necessarily forbidden in virtual communication, "flame wars," when
two or three people exchange angry posts between one another, must be
controlled or the camaraderie of the group could be compromised. Don't
feed the flames; extinguish them by guiding the discussion back to a
more productive direction.
Rule 8: Respect other people's privacy

Depending on what you are reading in the virtual world, be it an

online class discussion forum, Facebook page, or an email, you may be
exposed to some private or personal information that needs to be handled
with care. Perhaps someone is sharing some medical news about a loved
one or discussing a situation at work. What do you think would happen if
this information "got into the wrong hands?" Embarrassment? Hurt
feelings? Loss of a job? Just as you expect others to respect your privacy,
so should you respect the privacy of others. Be sure to err on the side of
caution when deciding to discuss or not to discuss virtual communication.

Rule 9: Don't abuse your power

Just like in face-to-face situations, there are people in cyberspace

who have more "power" than others. They have more expertise in
technology or they have years of experience in a particular skill or subject
matter. Maybe it's you who posesses all of this knowledge and power!
Just remember: knowing more than others do or having more power than
others may have does not give you the right to take advantage of
anyone. Think of Rule 1: Remember the human.

Rule 10: Be forgiving of other people's mistakes

Not everyone has the same amount of experience working in the

virtual world. And not everyone knows the rules of netiquette. At some
point, you will see a stupid question, read an unnecessarily long response,
or encounter misspelled words; when this happens, practice kindness and
forgiveness as you would hope someone would do if you had committed
the same offense. If it's a minor "offense," you might want to let it slide.
If you feel compelled to respond to a mistake, do so in a private email
rather than a public forum.