Overview
TRIPS).
The health care environment in
which advanced practice registered nurses
are currently practicing is a complex setting
with rapid change underway driven by a
need to transform the health care delivery
system by focusing on improving patient
safety, quality, and population health, while
at the same time decreasing the overall cost
of health care. This module focuses on:
Intellectual Property Law; Copyright Law;
Privacy of Personal and Public Domains
(Data Privacy Act); and Netiquette Rules
and Guidelines.
Intellectual Property Law
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.
IP is protected in law by, for example,
patents, copyright and trademarks, which
enable people to earn recognition or
financial benefit from what they invent or
create. By striking the right balance
between the interests of innovators and the
wider public interest, the IP system aims to
foster an environment in which creativity
and innovation can flourish.
Republic Act no. 8293 – “An act
prescribing the intellectual property code
and establishing the intellectual property
office, providing for its powers and
functions, and for other purposes”
Definitions:
The term "intellectual property rights"
consists of:
Copyright and Related Rights;
Trademarks and Service Marks;
Geographic Indications;
Industrial Designs;
Patents;
Layout-Designs (Topographies) of
Integrated Circuits; and
Protection of Undisclosed Information (n,
The term "technology transfer
arrangements" refers to contracts or
agreements involving the transfer of
systematic knowledge for the manufacture
of a product, the application of a process, or
rendering of a service including
management contracts; and the transfer,
assignment or licensing of all forms of
intellectual property rights, including
licensing of computer software except
computer software developed for mass
market.
The term "Office" refers to the Intellectual
Property Office created by this Act.
The term "IPO Gazette" refers to the gazette
published by the Office under this Act.
Copyright Law
What is copyright?
Copyright is a collection of all rights
enjoyed by the owner of an artistic or
literary work.
What are considered copyrightable works
in the Philippines?
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; audio-visual
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.
What works are not protected by copyright
under Philippine Law?
Copyright protection does not cover:
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;
News of the day and other miscellaneous
facts having the character of mere items of
press information;
Official text of a legislative, administrative
or legal nature, as well as any official
translation thereof;
Work of the Philippine government, unless
there was a prior approval by the
appropriate government agency; and
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.
Is a copyright registration necessary to
protect artistic or literary works?
No, copyrightable works are protected from
the moment of their creation.
Who can apply for a copyright registration?
The owner of the work or his/her assignees
or successors-in-interest has the right to
apply for a copyright registration.
Who are considered owners of the
copyrightable works?
The owners of original literary and artistic
works are:
The author of the work;
If the work is of joint ownership:
The co-authors are the original owners and
in the absence of agreement, their rights
shall be governed by the rules on co-
ownership.
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.
If the work is created in the course of
employment:
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;
Employer is the owner, if the work created
is the result of the performance of
employee’s regularly assigned duties,
unless otherwise agreed upon.
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;
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.
With respect to letters, the copyright
belongs to the writer subject to the
following:
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.
However, the court may authorize the
publication or dissemination if the public
goods or the interest of justice so requires.
Data Privacy Act
“Data Privacy Act of 2012”.
It is the policy of the State to protect the
fundamental human right of privacy, of
communication while ensuring free flow of
information to promote innovation and
growth. The State recognizes the vital role
of information and communications
technology in nation-building and its
inherent obligation to ensure that personal
information in information and
communications systems in the government
and in the private sector are secured and
protected.
- National Privacy Commission
Data Protection
The issue of privacy is difficult. The
individual has the inherent right to control
personal information. However, to provide
the best possible care and service to the
individual, the public, and private
organizations must know some of that
information. The issue is further
complicated because “privacy” has not
been defined in a way that is widely and
generally accepted. Actions such as
collecting and storing unnecessary personal
data, disclosing data to individuals or
organizations that do not have a genuine
need for it, or using private information for
something other than the original purpose
could be considered intrusive.
Since the 1960s, the widespread use of
computers has led to concern about the
large mass of data collected through
sophisticated data linkage capabilities. The
following socio-legal concerns are
widespread among the public.
How and what information is collected
How the collected information will be used;
who will have access to it
How the collected information can be
reviewed and, if necessary, corrected
Within the nursing community, concern
over data protection has always been
present. The power provided by
technologies such as computers and the
Internet has heightened the concern of
nurses for these reasons.
More data and information are available.
More possibilities exist for errors in the
data.
Organizations rely on information systems
for essential functions.
More data are shared between disciplines
and organizations/institutions/facilities.
Public concern over possible abuse of
information and privacy is strong.
Data Privacy Act of the Philippines
Implementing rules and regulations of
Republic Act 10173, known as the “Data
Privacy Act of 2012”
Pursuant to the mandate of the national
privacy commission to administer and
implement the provisions of the data
privacy act of 2012, and to monitor and
ensure compliance of the country with
international standards set for data
protection, the following rules and
regulations are hereby promulgated to
effectively implement the provisions of the
act:
Rule IV. Data Privacy Principles
Section 17. General data privacy principles.
The processing of personal data shall be
allowed, subject to compliance with the
requirements of the act and other laws
allowing disclosure of information to the
public, and adherence to the principles of
transparency, legitimate purpose, and
proportionality.
Section 18. Principles of transparency,
legitimate purpose and proportionality.
The processing of personal data shall be
allowed subject to adherence to the
principles of transparency, legitimate
purpose, and proportionality.
Transparency. The data subject must be
aware of the nature, purpose, and extent of
the processing of his or her personal data,
including the risks and safeguards involved,
the identity of personal information
controller, his or her rights as a data subject,
and how these can be exercised. Any
information and communication relating to
the processing of personal data should be
easy to access and understand, using clear
and plain language.
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.
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.
Section 19. General principles in collection,
processing and retention.
The processing of personal data shall
adhere to the following general principles
in the collection, processing, and retention
of personal data:
Collection must be for a declared, specified,
and legitimate purpose.
Personal data shall be processed fairly and
lawfully.
Processing should ensure data quality.
Personal data shall not be retained longer
than necessary.
Any authorized further processing shall
have adequate safeguards.
Rule VI. Security measures for the
protection of personal data
Section 25. Data privacy and security.
Personal information controllers and
personal information processors shall
implement reasonable and appropriate
organizational, physical, and technical
security measures for the protection of
personal data. The personal information
controller and personal information
processor shall take steps to ensure that any
natural person acting under their authority
and who has access to personal data, does
not process them except upon their
instructions, or as required by law. The
security measures shall aim to maintain the
availability, integrity, and confidentiality of
personal data and are intended for the
protection of personal data against any
accidental or unlawful destruction,
alteration, and disclosure, as well as against
any other unlawful processing. These
measures shall be implemented to protect
personal data against natural dangers such
as accidental loss or destruction, and human
dangers such as unlawful access, fraudulent
misuse, unlawful destruction, alteration and
contamination.
Section 26. Organizational Security
Measures
Where appropriate, personal information
controllers and personal information
processors shall comply with the following
guidelines for organizational security
Compliance officers
Data protection policies.
Records of processing activities.
Management of human resources.
Processing of personal data
Section 27. Physical security measures.
Where appropriate, personal information
controllers and personal information
processors shall comply with the following
guidelines for physical security:
Policies and procedures shall be
implemented to monitor and limit access to
and activities in the room, workstation or
facility, including guidelines that specify
the proper use of and access to electronic
media;
Design of office space and work stations,
including the physical arrangement of
furniture and equipment, shall provide
privacy to anyone processing personal data,
taking into consideration the environment
and accessibility to the public;
The duties, responsibilities and schedule of
individuals involved in the processing of
personal data shall be clearly defined to
ensure that only the individuals actually
performing official duties shall be in the
room or work station, at any given time;
Any natural or juridical person or other
body involved in the processing of personal
data shall implement policies and
procedures regarding the transfer, removal,
disposal, and re-use of electronic media, to
ensure appropriate protection of personal
data;
Policies and procedures that prevent the
mechanical destruction of files and
equipment shall be established. The room
and workstation used in the processing of
personal data shall, as far as practicable, be
secured against natural disasters, power
disturbances, external access, and other
similar threats.
Rule VIII. Rights of Data Subjects
Section 34. Rights of the data subject. The
data subject is entitled to the following
rights:
Right to be informed.
The data subject has a right to be informed
whether personal data pertaining to him or
her shall be, are being, or have been
processed, including the existence of
automated decision-making and profiling.
The data subject shall be notified and
furnished with information indicated
hereunder before the entry of his or her
personal data into the processing system of
the personal information controller, or at the
next practical opportunity:
(A) description of the personal data to be
entered into the system;
(B) purposes for which they are being or
will be processed, including processing for
direct marketing, profiling or historical,
statistical or scientific purpose;
(C) basis of processing, when processing is
not based on the consent of the data subject;
(D) scope and method of the personal data
processing;
(E) the recipients or classes of recipients to
whom the personal data are or may be
disclosed;
(F) methods utilized for automated access,
if the same is allowed by the data subject,
and the extent to which such access is
authorized, including meaningful
information about the logic involved, as
well as the significance and the envisaged
consequences of such processing for the
data subject;
(G) the identity and contact details of the
personal data controller or its
representative;
(H) the period for which the information
will be stored; and
( I ) the existence of their rights as data
subjects, including the right to access,
correction, and object to the processing, as
well as the right to lodge a complaint before
the commission.
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.
When a data subject objects or withholds
consent, the personal information controller
shall no longer process the personal data,
unless:
The personal data is needed pursuant to a
subpoena;
The collection and processing are for
obvious purposes, including, when it is
necessary for the performance of or in
relation to a contract or service to which the
data subject is a party, or when necessary or
desirable in the context of an employer-
employee relationship between the
collector and the data subject; or
The information is being collected and
processed as a result of a legal obligation.
Right to access.
The data subject has the right to reasonable
access to, upon demand, the following:
Contents of his or her personal data that
were processed;
Sources from which personal data were
obtained;
Names and addresses of recipients of the
personal data;
Manner by which such data were
processed;
Reasons for the disclosure of the personal
data to recipients, if any;
Information on automated processes where
the data will, or is likely to, be made as the
sole basis for any decision that significantly
affects or will affect the data subject;
Date when his or her personal data
concerning the data subject were last
accessed and modified; and
The designation, name or identity, and
address of the personal information
controller.
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. If the personal data has been
corrected, the personal information
controller shall ensure the accessibility of
both the new and the retracted information
and the simultaneous receipt of the new and
the retracted information by the intended
recipients thereof: provided, that recipients
or third parties who have previously
received such processed personal data shall
be informed of its inaccuracy and its
rectification, upon reasonable request of the
data subject.
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 filing system.
This right may be exercised upon discovery
and substantial proof of any of the
following:
(A) the personal data is incomplete,
outdated, false, or unlawfully obtained;
(B) the personal data is being used for
purpose not authorized by the data subject;
(C) the personal data is no longer
necessary for the purposes for which they
were collected;
(D) the data subject withdraws consent or
objects to the processing, and there is no
other legal ground or overriding legitimate
interest for the processing;
(E) the personal data concerns private
information that is prejudicial to data
subject, unless justified by freedom of
speech, of expression, or of the press or
otherwise authorized;
(F) the processing is unlawful;
(G) the personal information controller or
personal information processor violated the
rights of the data subject.
Further details of the Data Privacy Act of
2012 https://www.privacy.gov.ph/data-
privacy-act/Links to an external site.
Data Privacy Act as Applied In Nursing
Practice
Nurse’s Guidelines to avoid Data Breach
Never breach a patient’s information (SPI)
If you are unsure about disclosing a
patient’s information, seek guidance from
the Hospital’s Data Protection Officer
(DPO)
Know by heart your hospital’s Privacy
Manual without fail.
Never seek information about a patient for
whom you are not providing care.
Always maintain your patient’s information
confidential.
Netiquette Rules and Guidelines
Netiquette is short for "Internet etiquette."
Just like etiquette is a code of polite
behavior in society, netiquette is a code of
good behavior on the Internet. This includes
several aspects of the Internet, such as
email, social media, online chat, web
forums, website comments, multiplayer
gaming, and other types of online
communication.
While there is no official list of netiquette
rules or guidelines, the general idea is to
respect others online.
Examples of rules to follow for good
netiquette:
Avoid posting inflammatory or offensive
comments online (a.k.a flaming).
Respect others' privacy by not sharing
personal information, photos, or videos that
another person may not want published
online.
Never spam others by sending large
amounts of unsolicited email.
No Yelling! There’s a time and a place for
everything—BUT IN MOST
SITUATIONS TYPING IN ALL CAPS IS
INAPPROPRIATE. Most readers tend to
perceive it as shouting and will have a hard
time taking what you say seriously, no
matter how intelligent your response may
be. If you have vision issues, there are ways
to adjust how text displays so you can still
see without coming across as angry.
Show good sportsmanship when playing
online games, whether you win or lose.
Don't troll people in web forums or website
comments by repeatedly nagging or
annoying them.
Submit files the right way. Knowing how to
properly submit your work online is key to
your success as an online student. Online
course instructors often establish ground
rules for file assignment submissions, like
naming conventions that help them keep
things organized or acceptable file formats.
Ignoring these instructions is a common
example of bad netiquette.
Stick to the topic when posting in online
forums or when commenting on photos or
videos, such as YouTube or Facebook
comments.
Don't swear or use offensive language.
Avoid replying to negative comments with
more negative comments. Instead, break the
cycle with a positive post.
If someone asks a question and you know
the answer, offer to help.
Attempt to find your own answer. If you’re
confused or stuck on an assignment, your
first instinct may be to immediately ask a
question. But before you ask, take the time
to try to figure it out on your own. For
questions related to class structure, such as
due dates or policies, refer to your syllabus
and course FAQ. Attempt to find the
answers to any other questions on your own
using a search engine. If your questions
remain unanswered after a bit of effort, feel
free to bring them up with your instructor.
Thank others who help you online.