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NETIQUETTE
• CODE of INTERNET because the internet
is a NETWORK and ETIQUETTE is a CODE.
• Comparable to appropriate manners in
a professional or academic setting.
• Socially and morally accepted
• The proper behavior when using the
internet
• The Do’s and Dont’s of communicating
online
USE OF NETIQUETTE
• Proper netiquette discourages people
from flooding another person’s email
inbox with spam mail or forwarded
message or misusing social network sites
by posting personal information
unrelated to the online course.
• In addition, especially in an online class,
netiquette includes using standard fronts
and font sizes that are readable size.
RULE OF THUMB
• Be clear and concise when
communicating
• Be respectful of others opinion
• Reply to others promptly
NETIQUETTE GUIDEDLINES
• Always be polite and considerate of
others. Never send or keep anything that
you would mind seeing broadcasting on
the Evening News.
o Others will just be curious, or may
ignore your post.
• Do not send mail or reply to mail when
you are “flaming”, in other words angry,
tired, upset, or irritable. Cool off first. Wait
until you calm down or speak to the
person directly.
• Think before you reply! Do not write
anything online if you would not say the
same thing to the recipient face-to-face.
Be professional about what you write to
others (e-mail can be forwarded, and
many people have ended up having
message forwarded to the person being
gossiped about).
• As a general rule, focus on one subject or
topic per e-mail message. Keep your
message brief and specific (a maximum
guideline is one or two e-mail screens
worth).
• Make the visual layout of your message
pleasing for the recipient. It should be
easy to read, watch your spacing, lower
and upper case usage, indentation,
spelling, etc.
• Do not capitalize an entire message: IT
MEANS YOU ARE SHOUITNG IN E-MAIL
LAND!!! use a combination of upper and
lower case characters, just as you would
if you were writing a pen and paper letter
or memo.
• Always begin an e-mail message with a
descriptive Subject Heading in five words
or less. An appropriate subject line allows
recipients to organize their e-mail
messages using keywords or subject
headings.
o Good day Ma’am this is my
requirements for Activity 3 & 4.
o It shows how well-mannered you
are
• Express emotions gracefully. Use “smileys”
to add an indication of your emotional
intent.
o Emoticons help express feelings
o Too many emoticons can be
annoying
o Never use acronyms
For example
From: you@kwantein.net
Date: September 6th, 2011
To: Johndoe@kwantein.net
Cc: monalinsa@kwantein.net
Subject: Staff Meeting
Body of message: Hello everyone, The staff meeting
has been scheduled for Monday, January 27th. See
you there :>
Thanks,
Emgee
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SMILEYS DATA PRIVACY ACT

• Using existing keyboard characters, you
can create smileys which substitute for DATA PRIVACY ACT OF 2012: REPUBLIC ACT OF
non-verbal cues which would normally 10173
be demonstrated physically and by • The policy of the state to protect the
facial expressions when speaking face- fundamental rights of privacy of us
to-face. people.
• Other country also has this data privacy
CHARACTER DEFINITION which is name differently.
:-) or :^) Happy, Joking • An act protecting individual personal
>;-) or ;^) Winking (to soften a seemingly information in information and
sarcastic sentence) communications systems in the
:^( Frowning, Sad, I’m Upset, Feeling Grim government and the private sectors,
:^( I’m Indifferent creating for this purpose a national
:^() or :^O wow! privacy commission, and for other
>:-, Smirk purposes.
:-II I’m angry!
:-* Oops! RESPONSIBLE AGENCY
:-T I’m keeping a straight face • National Privacy Commission is the
:^D said with a big smile responsible agency which is under the
:-# My lips are sealed Department of Information and
;-& I’m absolutely livid! Communication Technology (DICT)
I-{ Good Grief! • National Privacy Commission are the
:-O Uh-oh! country’s watchdog.
:-& I'm tongue-tied!
8-I Eyes wide in surprise! NATIONAL PRIVACY COMMISSION
A = awareness
BEFORE YOU POST THINK B = breach management
Once you post to the internet, you can’t take it C = compliance
back. Posting is permanent (as someone could D = data protection officer and
take a screen shot of it) S = security measures
• T Is it TRUE? • To administer and implement the
• H Is it HELPFUL? provisions of this Act, and to monitor and
• I Is it INSPIRING? ensure compliance of the country with
• N Is it NECESSARY? international standards set for data
• K Is it KIND? protection.
• In the past this is not well establish, since
PROOFREAD YOUR POSTS from the data protection officer (person
• Like classroom writing, check for: assign must have discrepancy). On the
capitalization, punctuation, proper other hand, security measure also need
grammar and correct spelling improvement since security information
must be well kept and not easy to
hacked.
• The NPC’s function is also the rule making
body, they can alter, add up, or
enhance the rule that they have for data
privacy.
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• They can also give advises, especially THE JOURNEY OF THE DATA PRIVACY ACT
unwanted cost (scammers, bogus • European Union’s 1995 Data Protection
buyers). Directive
• Public education as they continually give • Electronic commerce Act of 2000 (R.A.
information with regards to this act. To let No. 8792) – recognition and use of
people aware that this kind of law exists. electronic commercial and non-
• Compliance and monitoring. They are commercial transactions and
doing measures so that all company will documents.
follow. • Membership in the Asia-Pacific
• Investigation and complaints, and Economic Cooperation (APEC)- privacy
enforcement. Penalize companies who Framework in 2005
don't have data protection officers and • DTI Administrative Order No. * in 2006 –
security measures. which prescribed guidelines for a local
data protection certification system.
SPEED OF INFORMATION • The DPA was signed into law in 2012, with
the local BPO sector as its most visible
endorser
• Creation of the Dept. Of Information and
Communications Technology (DICT in
2015, R.A. 10844)
• The activation of the National Privacy
Commission (NPC) in 2016
• DPA’s implementing rules and
regulations was put in effect on Sept. 9,
2016.

“Do not collect data if you cannot protect” KEY ROLES IN THE DATA PRIVACY ACT

SOCIAL PLATFORMS: ACTIVE USER ACCOUNTS

DATA SUBJECTS
WHAT IS MORE VALUABLE: DATA OR MONEY? • Refers to an individual whose, sensitive
Data is more valuable, because of someone personal, or privileged information is
takes your money, that’s all they have. Because processed personal.
these are your personal data’s. But if they have • This is YOU.
your data, they can use that and can make
more money out of that.

NURSING INFORMATICS
PERSONAL INFROMATION CONTROLLER (PIC)
• Controls the processing of personal data,
or instructs another to process personal
data on its behalf.
• Collects/ receives the data.
PERSONAL INFORMATION PROCESSOR (PIP)
• Organization or individual whom a
personal information controller may
outsource or instruct the processing of
personal data pertaining to a data
subject.
• Process the collected data and is also
responsible for the storage.
DATA PROTECTION OFFICER (DPO)
• Responsible for the overall management
of compliance to DPA
• Head of data privacy of a company.
NATIONAL PRIVACY COMMISION
• Independent body mandated to
implement and administer the DPA of
2012, and to monitor and ensure
compliance of the country with
international standards set for personal
data protection.
COMMON BRANCHES OR UNREGULATED LAWS
• Consent form. Before giving information,
consent must be present. (I agree to
have this information..)
• Student transferred by parent without
knowledge.
• Clinical record. (If you are 18 yrs old and
below, all information should be
disclosed to the parents).
• Data’s in stolen phone and laptops.
• Recycled papers with important data.
• Releasing of CCTV videos
• Facebook Hackers
CLASSIFICATION OF PERSONAL DATA
Personal Information
• Personal information refers to any
information whether recorded in a
material form or not, from which the
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identity of an individual is apparent or
can be reasonably and directly
ascertained by the entity holding the
information, or when put together with
other information would directly and
certainly identify an individual.
Sensitive Personal Information
• Refers to personal information about an
individual’s:
• Race, ethnic origin, marital status, age,
color, religious, philosophic or political
affiliations, health, education, genetics,
sexual life, any proceeding for any
offense committed or alleged to have
been committed, the disposal of such
proceedings, the sentence of any court
in such proceeding;
• Also includes information issued by
government agencies peculiar to an
individual which includes, but not limited
to:
o Social security numbers, previous
or current health records, licenses
or its denials suspension or
revocation, and tax returns;
o And specifically established by an
executive order or an act of
Congress to be kept classified.
Privileged Information
• Privileged means that which is to be only
shared between specific parties and not
admissible in court, protected from a
subpoena.

NURSING INFORMATICS
RIGHTS OF THE DATA SUBJECT
• Right to be informed – IRR, Section 34.a
• Right to object – IRR, Section 34.b
• Right to access- IRR, Section 34.c
• Right to data portability - IRR, Section 36
• Right to correct (rectification) - IRR,
Section 34. d
• Right to erasure or blocking- IRR, Section
34.e
• Right to file a complaint - IRR, Section
34.a.2
• Right to damages- IRR, Section 34.f
• Transmissibility of rights - IRR, Section 35
RIGHT TO BE INFORMED
(a) Be informed whether personal information
pertaining to him or her shall be, are being or
have been processed;
(b) Be furnished the information indicated
hereunder before the entry of his or her personal
information into the processing system of the
personal information controller, or at the next
practical opportunity:
1) Description of the personal information
to be entered into the system;
2) Purposes for which they are being or are
to be processed;
3) Scope and method of the personal
information processing;
4) The recipients or classes of recipients to
whom they are or may be disclosed;
5) Methods utilized for automated access,
if the same is allowed by the data subject,
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and the extent to which such access is
authorized;
6) The identity and contact details of the
personal information controller or its
representative;
7) The period for which the information will
be stored;
8) The existence of their rights, i.e., to
access, correction, as well as the right to
lodge a complaint before the
Commission.
PRIVACY NOTICE
• Statements made to a data subject that
describes how organization collects, uses,
retains, and discloses personal
information. Sometimes referred to as a
privacy statement, a fair processing
statement.
• Consenting that all information given are
true and correct.
• If these datas are really necessary.
COOKIES
• Is a block of data that a webserver
places on a user’s PC to ease navigation
through the sites. It is also a useful means
for the website in identifying the user,
tracking the user’s path through the site,
and identifying repeat visits to the site by
same user leading a website owner to
profile an individuals user’s browsing
habits and one without the knowledge
and consent of the user.
THE RIGHT TO OBJECT
• The data subject shall have the right to
object to the processing of his or her
personal data, including processing for
direct marketing, automated processing
or profiling. The data subject shall also be
notified and given an opportunity to
withhold consent to the processing in
case of changes or any amendment to
the information supplied or declared to
the data subject in the preceding
paragraph.

NURSING INFORMATICS
Exceptions:
• When personal data is needed pursuant
to a subpoena
• When the processing or purposes is
pursuant to a contract
• Between the personal information
controller and the data subject.
• When the information is being processed
as a result of a legal obligation
• And in terms of claiming benefits
• And of course a third source of a legal
obligation
THE RIGHT TO ACCESS
The data subject has the right to reasonable
access to, upon demand, the following:
1. contents of his or her personal data that
were processed;
2. Sources from which personal data were
obtained;
3. Names and addresses of recipients of the
personal data;
4. Manner by which such data where
processed;
5. Reasons for the disclosure of the personal
data to recipients, if any;
6. Information on automated processes
where the data will, or is likely to, be
made as the sole basis for any decision
that significantly affect or will affect the
data subject;
7. Date when his or her personal data
concerning the data subject were last
accessed and modified; and
8. The designation, name or identity, and
address of the personal information
controller.
WHAT CAN THE DATA SUBJECT CAN DEMAND
ACCESS?
• Personal data
• Contents of my data with the agency
• Sources of personal data from another
agency
• Name and address of recipients of your
data
• The manner and methods of processing
• The reason of the disclosure
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• Information about automated processes
• Date when the personal data was last
access and modify
• Designated name and personal
information of the computer
RIGHT TO RECTIFICATION
• The data subject has the right to dispute
the inaccuracy or error in the personal
data and have the personal information
controller correct it immediately and
accordingly, unless the request is
vexatious or otherwise unreasonable.
RIGHT TO ERASURE OR BLOCKING
•The data subject shall have the right to
suspend, withdraw, or order the blocking,
removal or destruction of his or her
personal data from the personal
information controller’s filling system.
REQUEST TO ERASE OR BLOCK
• If the data is incomplete
• Outdated false or unlawfully
• Obtained if it’s being used for another
• Processes purposes if it’s no longer
necessary
• If the data subject withdraws consent-
objection to processing and there is no
other legal ground
• The processing is become unlawful and if
the personal information controller or
personal information process or violated
the rights of the data subject.
RIGHT TO DAMAGES
• The data subject shall be indemnified for
any damages sustained due to such
inaccurate, incomplete, outdated, false,
unlawfully obtained or unauthorized use
of personal data, taking into account
any violation of his or her rights and
freedoms as a data subject.
RIGHT TO DATA PORTABILITY
• Where his or her personal data is
processed by electronic means and in a
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structures and commonly used format, Avoid this mentality:

the data subject shall have the right to • “just in case we need it”
obtain from the personal information • “this is what we always do”
controller a copy of such data in an
electronic or structured format that is PENALTIES
commonly used and allows for further • Ranging from P100,000 to P5,000,000
use by the data subject. • Imprisonment of 1 year up to 7 years
o Unauthorized processing of
RIGHT TO COMPLAINT personal information and
• Any of the violation of the Rights of the sensitive personal information
Data Subject they can file a complaint to o Accessing personal information
the national privacy commission. and sensitive personal
information due to negligence
TRANSMISSIBILITY OF RIGHTS o Improper Disposal of Personal
Transmissibility of right if someone dies the lawful Information and Sensitive
heirs of that person can continue to invoke the Personal Information
right of the data subject. o Processing of Personal
Information and Sensitive
APPROACH OF GOVERNMENT TO ADHERE THE Personal Information for
PRINCIPLES Unauthorized Purposes
PRINCIPLE OF TRANSPARENCY o Unauthorized access or
• A data subject must be aware of the intentional Breach
nature, purpose, and extent of the o Concealment of Security
processing of his or her personal data, Breaches Involving Sensitive
including the risks and safeguard Personal Information
involved, the identity of personal o Malicious Disclosure
information controller, his or her rights as o Unauthorized Disclosure
a data subject, and how these can be
exercised. Any information to the
processing of personal data should be
easy to access and understand, using
clear and plain language.

PRINCIPLE OF LEGITIMATE PURPOSE

• The processing of information shall be
compatible with a declared and
specified purpose, which must not be
contrary to law, morals or public policy.

PRINCIPLE OF PROPORTIONALITY
• The processing of information shall be
adequate, relevant, suitable, necessary,
and not excessive in relation to a
declared and specified purpose.
Personal data shall be processed only if
the purpose of the processing could not
reasonably be fulfilled by other means.
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R.A. 10372
• An Act amending certain provisions of
RA 8293
• Effectivity date: March 22, 2013

RA 10372: Amendment to IP Code

• Grant of enforcement powers to the
Director General
• Establishment of Bureau of Copyright
and other related rights
• Requirement of accreditation of
collective management organizations
• Clarification of the concepts:
INTELLECTUAL PROPERTY RIGHTS o (1)copyright infringement
o (2)limitations and exceptions
INTELLECTUAL PROPERTY OFFICE OF THE o (3)digital rights management
PHILIPPINES
• Government agency mandated to
administer and implement State policies FUNCTIONS OF IPOPHL
on INTELLECTUAL PROPERTY (IP) to • DEVELOPMENT - ORIENTED
strengthen the protection of IP rights in • REGULATORY
the country • MAKING OF POLICIES ON IP
• In charge agency in the implementation
of intellectual property code, handling BUREAUS UNDER IPOPHIL
the registration & conflict resolution of IPR. • The Bureau of Patents
• Established under Republic Act No. 8293, • The Bureau of Trademarks
also known as the Intellectual Property • The Bureau of Legal Affairs
Code ( IPC) of the Philippines • The Documentation, Information and
• Effectivity Date: January 1, 1998 Technology Transfer Bureau
• Under the administration of President • The Management Information System
Fidel V. Ramos and EDP Bureau
• The Administrative, Financial and
GOVERNING LAWS Personnel Services Bureau
R.A. 8293 • The Bureau of Copyright and Other
• An Act prescribing the IPC and Related Rights
establishing the IP Office
• intellectual property code of the INTELLECTUAL PROPERTY
Philippines • “CREATIONS OF MINDS”
• An act prescribing the intellectual • “INTELLECTUAL” - RELATING TO INTELLECT
property code and establishing the • “PROPERTY” - A THING OR THINGS
intellectual property office providing for BELONGING TO SOMEONE
its powers and functions and for other • “Original creative work manifested in a
purposes. tangible form that can be legally
• Effectivity Date: January 1, 1998 protected.
IP is everywhere
• inventions
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• designs • Patents
• symbols, names and images • Copyright
• literary and artistic works
IP is in your meal CATEGORIES OF IP
• TRADE SECRET INDUSTRIAL PROPERTY
o The specific proportion of • inventions (patent)
ingredients or recipe in your • trademarks & service marks
burger and drinks that is • industrial design
confidential • geographical indications
• INDUSTRIAL DESIGN
o The ornamental design of the COPYRIGHT
disposable packaging of your fries • drawings
• UTILITY MODEL • paintings
o The bendable straw in your drinks • performing artists
• TRADEMARK • photographs
o Name/symbol of the restaurant • sculptures
• COPYRIGHT • architectural design
o The creative and original artwork
applied in packaging IP is consist of:
• Copyright and Related Rights
INTELLECTUAL PROPERTY RIGHT • Trademarks and Service Marks
• A moral or legal entitlement to have or • Geographical Indications
do something or prevent others from • Industrial Designs
doing something • Patents
• Sets of exclusive rights is recognized • Lay-out Designs (Topographies) of
• Distinct creation or product of human Integrated Circuits
mind • Protection of Undisclosed Information
• Legal rights which results from intellectual
activity in the industrial, scientific, literary BENEFITS OF IP SYSTEM
and artistic fields IMPROVES OUR DAILY LIVES
• Intangible assets • Makes lives productive, fun and
sustainable
INTANGIBLE ASSETS IPS IS FOR EVERYONE
• Assets which have no physical identity or • Not just for big companies but for all of us
presence MAKES INNOVATION POSSIBLE
• Identifiable and have a long term • Innovators are recognized and
financial value for the organization rewarded
• Can be created and purchase • Provide incentives to create new
Example of Intangible Assets technologies
• Licenses ENSURES QUALITY
• Contracts/ covenant • Provides consumers with confidence in
• Proprietary operating systems the quality of a product
• Business books and records SUPPORTS THE ECONOMY
• Goodwill • Promotes industry, job and innovation
• Brands • Contributes to the GDP
• Knowledge
• Trademarks
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WHY SHOULD YOU BE MINDFUL OF YOUR IP LEGAL REQUIREMENTS OF PATENT

PREVENT LIMITATION • NOVELTY
• Ownership, remedies and penalties for • INDUSTRIAL APPLICABLE
infringement • INCENTIVE STEP
REDUCE RED COST
• Patent information and industry NON-PATENTABLE SUBJECT MATTERS
database • Discoveries, scientific theories and
CREATE CORPORATE IDENTITY mathematical methods
• Trademark and branding strategy; • Schemes, rules and methods of
Goodwill performing mental acts, playing games
NEGOTIATE LICENSING AGREEMENTS or doing business
• Contains the terms and conditions on • Programs for computers
how the IPR of the franchisor will be used • Methods for treatment of the human or
ACCESS TO FINANCING animal body by surgery or therapy and
• Venture capital and enhance financial diagnostic methods practiced on the
standing human or animal body
• Plant varieties or animal breeds or
THE WORLD’S TOP 10 STRONGEST BRANDS 2022 essentially biological process for the
production of plants or animals
• Aesthetic creations
• Anything which is contrary to public
order, health, welfare or morality.
• Abstract ideas or theories

LIMITATION OF PATENT
GEOGRAPHICAL LIMIT
• Territorial in nature
• Protection is by country
• PCT-International patent system
PATENTS TIME LIMIT
• An exclusive right granted for an • Expires after 20 years from date of filing
invention-a product, process, or SCOPE
improvement- which provides a new • Protected based on the submitted
way of doing something, or that offers a claims
new technical solution to a problem FEE DEPENDENT
Why are PATENTS necessary • Annual dues ( failure to pay may lead to
lapse patent)
FIRST TO FILE SYSTEM
• “FIRST TO FILE and NOT first to invent will
be considered the owner
REMINDER!! “Never show your invention to
companies to see if they’re interested in buying
it, or inventing in it, without first getting patent
advice.” -Darren Heitner
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WELL KNOWN INVENTORS FIRST TO FILE SYSTEM

• “FIRST TO FILE and NOT first to invent will
be considered the owner

PATENTS VS UTILITY MODEL

PATENTS UTILITY MODEL
Requires incentive No inventive step
step
20 years from filling 7 years from filling
date date

With substantive No substantive

examination examination

Applications Published for 30 days

published with search prior to issuance of
UTILITY MODELS report after 18 certificate
• A protection option, which designed to months
protect innovations that are not Can be enforced Enforcement is
sufficiently inventive to meet the after grant determined by the
inventive threshold required for standard Registrability Report
patents application.
• A utility model system provides
protection of so-called “minor inventions” INDUSTRIAL DESIGNS
through a system similar to the patent • Protects the aesthetic features and visual
system design of an article of manufacture
• It is the physical appearance, form,
LEGAL REQUIREMENTS shape, contour, ornamental and
NOVELTY aesthetic features that are protected
• An invention shall not be considered new Substantive Conditions for Protection
if it forms part of a prior art • New or original creation
INDUSTRIAL APPLICABLE • Article of manufacture
• An invention that can be produced and • Not dictated by technical or funcational
used in any industry shall be industrially considerations
applicable. • Not contrary to public order, health or
morals
LIMITATION OF UTILITY MODEL Term of Protection
GEOGRAPHICAL LIMIT • Five (5) years from filling date of
• Territorial in nature application
• Not all countries have UM protection • Two (2) consecutive periods of 5 years
TIME LIMIT each
• Expires after 7 years from date of filing
SCOPE
• Protected based on the submitted
claims
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Example of Industrial Design 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 audiovisual
recordings;
• Pictorial illustrations and advertisements;
COPYRIGHT
• Computer programs;
• The legal protection extended to the
• Other literary, scholarly, scientific and
owner of the rights in an original work
artistic works
that he has created.
• Works are protected by the sole fact of
WHO OWNS THE COPYRIGHT
their creation, irrespective of their mode
OWNERSHIP EXCEPTIONS
or form of expression, as well as of their
content, quality and purpose. Literary and Author
• “Only the expression of an idea is artistic works
protected by copyright, not the idea Work of joint Co- Agreement
itself.” authorship ownership to the
LITERARY AND ARTISTIC WORKS contrary
• Books, pamphlets, articles and other Joint works Each part’s
writings; with separable author
• Periodicals and newspapers; parts
• Lectures, sermons, addresses, Work not part Employee No
dissertations prepared for oral delivery, of regular exception
whether or not reduced in writing or duties (even if the
other material form; employee
• Letters uses the
• Dramatic or dramaticomusical time,
compositions; choreographic works or facilities and
entertainment in dumb shows materials of
• Musical compositions, with or without the
words; employer
• Original ornamental designs or models Work part of Employer Agreement,
for articles of manufacture, whether or regular duties express or
not registrable as an industrial design, implied
and other works of applied art; Commissioned Works Written
• Works of drawing, painting, architecture, work belongs to stipulation to
sculpture, engraving, lithography or the the contrary
other works of art; models or designs for commissioner
works of art; but the
• Illustrations, maps, plans, sketches, charts copyright
and three-dimensional works relative to
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belongs to
the creator Works not protected by COPYRIGHT
• NO COPYRIGHT shall subsist in any work
TERM OF PROTECTION of the Government of the Philippines
TYPE OF WORK TERM OF PROTECTION • BUT prior approval of the government
Original and Lifetime + 50 years agency/office is necessary for the use of
derivative works PMA such work for profit
Applied art 25 years from date of
creation/making WORKS OF THE GOVERNMENT
Work of joint Lifetime + 50 years • Agency / office may impose conditions
authorship PMA or royalties except for rule, speeches,
Anonymous/ 50 years from lectures, dissertations, addresses
pseudonymous work publication or • The author of speeches, lectures,
making addresses and dissertations shall have
the exclusive right of making a collection
Audio-visual works 50 years from date of of his works
publication or
making ORIGINALITY
Performers (not 50 years from the end • = independent creation + modicum of
included in the sound of the year in which creativity
recordings) the performance • “…information alone without a minimum
took place of original creativity cannot be
Sound or image and 50 years from the end protected by copyright.”
sound recordings and of the year in which • “…copyright rewards originality, not
performances the recording took effort.”
(included) place
Broadcasts 20 years from the What constitute COPYRIGHT violation
• Directly committing an infringement
date the broadcast
• Benefits from the infringing activity of
another person who commits an
infringement if the person benefiting has
What does COPYRIGHT provide?
been given notice of the infringing
ECONOMIC RIGHTS
activity and has the right and ability to
• Reproduce
control the activities of the other person
• Translate
• With knowledge of infringing activity,
• Adapt
induces, causes or materially contributes
• Exhibit/perform the work in public
to the infringing conduct of another
• Distribute
• Broadcast
REMEDIES FOR COPYRIGHT INFRINGEMENT
• Communicate the work to the public
MORAL RIGHTS CIVIL CRIMINAL ADMINISTRATI
• Rights which maintain a personal link OFFENSE OFFENSE VE OFFENSE
between authors and their works: Induction FIRST ✔Cease and
• Be recognized as author of the work Damages OFFENSE: desist order
• Object to any changes to the work, • Actual Imprisonment ✔ Voluntary
which could damage the author’s honor • Moral of between 1 assurance
or reputation • Exemp to 3 years and
lary and a fine of compliance
between
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• Statut 50,000 to ✔
ory 150,000 pesos Condemnati FACTORS OF FAIR USE
on or seizure PURPOSE AND CHARACTER OF USE
Impounding SECOND of products • Whether such use is of a commercial
Destruction OFFENSE: ✔ Forfeiture nature or is for nonprofit educational
Imprisonment of purposes
of 3 years paraphernali NATURE OF WORK
and 1 day to a • The nature of the copyrighted work
six years plus ✔ PORTION USED
a fine of Administrativ • The amount and substantiality used in
between e fine relation to the copyrighted work as a
150,000 to ✔ whole
500,000 pesos Cancellation MARKET USE
/ withholding • The potential market for or value of the
THIRD of copyrighted work
OFFENSE AND permit/licens
SUBSEQUENT e/registration
OFFENSES: TRADE MARKS
✔ Damages,
Imprisonment • Any visible sign capable of distinguishing
censure,
of 6 years the goods (trademark) or services
other
and 1 day to (service mark) of an enterprise.
analogous
9 years plus a • Marked or stamped container of goods
penalties
fine ranging are also considered “marks”
from 500,000
to 1,500,000 RATIONALE FOR PROTECTION
pesos • Exclusive Right to use a mark for its goods
or services
Subsidiary • Serves two (2) interests:
imprisonment o Interest of the rightholder
in cases of o Interest of the consumer
insolvency
WELL-KNOWN TRADEMARKS
“In case the infringer was not aware and had
no reason to believe that his acts constitute an
infringement of copyright, the court in its
discretion may reduce the award of statutory
damages to a sum of not more than Ten
thousand pesos (Php10,000.00)” — Sec. 22, RA
10372, amending Sec.216

FAIR USE
• Any copying of copyrighted material
done for a limited and “transformative”
purpose, such as to comment upon,
critricize, or parody a copyrighted work.
• Such USES can be done without the
permission from the copyright owner.
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TYPES OF MARKS GENERIC

TYPES • Jupiter is a gas giant and the biggest
ACCORDING TO WOODMARK planet in the Solar System
COMPOSITION SYMBOL/ DESIGN
COMBINATION FUNCTIONS OF TRADEMARKS
PHRASE/SLOGAN/ • INDICATORS OF ORIGIN
TAGLINE • INDICATORS OF QUALITY
• ADVERTISING FUNCTION
TYPES SPECTRUM OF PROTECTION • DIFFERENTIATOR
DISTINCTIVEN
ESS TRADEMARKS
ACCORDING GENERIC NO • Territorial
TO STRENGTH PROTECTION • 10 years and can be renewed
• Forever use
DESCRIPTIVE MAYBE • The applicant or the registrant shall file a
PROTECTED DECLARATION OD ACTUAL USE of the
mark with evidence to that effect within
SUGGESTIVE IMMEDIATE three (3) Years from filling date of the
PROTECTION application.
• Otherwise, refused or removed from the
ARBITRARY IMMEDIATE register.
PROTECTION
GEOGRAPHICAL INDICATIONS
FANCIFUL IMMEDIATE • a sign used on goods and stating that a
PROTECTION given product originates in a given
geographical area and possesses
qualities or reputation due to that place
SPECTRUM OF DISTINCTIVENESS of origin
FANCIFUL • TERM: 10 years - renewable
• MOST PROTECTED
• Made up terms for the purpose of
functioning as trademarks
• Example: Nike
ARBITRARY
• ALMOST ALWAYS PROTECTED
• Utilizes a device or word having a
meaning that has no relation to the
goods or services being sold
• Example: Apple, Shell
SUGGESTIVE
• GENERALLY PROTECTABLE
• Trademark
DESCRIPTIVE
• Jupiter is a gas giant and the biggest
planet in the Solar System