Intellectual Property

Rights
Presented by Group 2
Intellectual Property Rights

• Intellectual Property
• Copyright
• Patent
• Trade Marks

PRESENTATION TITLE 2
Intellectual Property

Intellectual property (IP) broadly describes tangible things such as ideas, inventions,
technologies, artworks, music and literature, and others that one can claim ownership to. It is
a set of legal rights which result from intellectual activity in the industrial, scientific, literary,
and artistic fields.

PRESENTATION TITLE 3
Intellectual Property

• Defining Intellectual Property

• Foundations of Intellectual Property

PRESENTATION TITLE 4
Intellectual Objects
Intellectual objects has the following characteristics:

• Non-tangible: Intellectual objects are a product or manifestation or expressions of ideas

such as literary/ creative works and inventions.
• Non-exclusionary: an act or instance of excluding; the state of being excluded.
• No scarcity: intellectual objects can be easily reproduced.
• Legal claim: One cannot own an idea in the same sense that one can own a physical
object; ideas themselves are not the kinds of things for which governments are willing to
grant ownership rights to individuals.

PRESENTATION TITLE 5
Foundations of Intellectual Property
Computer technology in particular was born out of this individual creativity and the
adventurism of young entrepreneurs. In order to encourage these innovators, society
must protect their efforts and resources. To do this, a specific set of
rights, collectively known as intellectual property rights, has been recognized, and
laws protecting intellectual rights have been enacted and extended to cover software
by different countries and groups of countries to protect those rights.

PRESENTATION TITLE 6
Copyright
According to the Philippine Constitution under Republic Act
No. 8293, Part 1, Section 2, which specifies that the state has a
policy “to streamline administrative procedures of registering
patents, trademarks and copyright, to liberalize the registration
on the transfer of technology, and to enhance the enforcement
of intellectual property rights in the Philippines”
Defining Copyright
A copyright is the exclusive right to distribute, display, perform, or reproduce an
original work in copies or to prepare derivative works based on the work. Such works
may include creative works (literary, dramatic, musical, pictorial, graphic, and
artistic) together with audiovisual and architectural works and sound recordings. In
general, every original work that has a tangible form and is fixed in a medium is
protectable under the copyright law.

PRESENTATION TITLE 8
Copyright

• Copyright Registration and Deposit

• Works Protected by Copyright
• Duration of Copyright

PRESENTATION TITLE 9
Copyright Registration and Deposit
Each country has its own requirements for the issuance of a
copyright. In the Philippines, for example, the owner of the copyright
may file an application for issuance of certificate of registration and
deposit of copies or reproduction of the works with the Copyright
Division of the National Library and the Supreme Court Library. This
may also be done through the Bureau of Copyright and Related
Rights of the Intellectual Property Office.

PRESENTATION TITLE 10
The requirements for copyright registration in the Philippines are
as follows:

• Duly accomplished registration and deposit form

• Document evidencing ownership of the copyright or the manner
of its acquisition usually in the form of an affidavit
• Document evidencing identity of the applicant
• Special Power of Attorney, Corporate Secretary’s Certificate or
Board Resolution
• Payment of filing fee
• Two (2) original copies of the work covered by copyright

PRESENTATION TITLE 11
Works Protected by Copyright
In Sec. 172, of the RA 8293 or the Intellectual Property Code of the Philippines, original
works are intellectual creations in the literary and artistic domain includes but are limited to:

• Books, pamphlets, articles and other writings;

• Periodicals and newspapers;
• Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not
reduced in writing or other material form;
• Letters;
• Computer programs;

PRESENTATION TITLE 12
Meanwhile, according to Sec. 173, derivative works include the
following:
• 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.

PRESENTATION TITLE 13
Duration of Copyright
Duration varies from one another. Below are the summary of how longdoes a copyright last:
• General Works: lasts during the life of the author and for fifty(50) years after his death (Sec 213.1,
IP Code).
• Joint Authorship Works: protected during the life of the last surviving author and for fifty (50)
years after his death (Sec 213.2IP Code)
• Anonymous or Pseudonymous Works: fifty (50) years from the date on which the work was first
lawfully published if the author’s identity is revealed or is no longer in doubt before the expiration
of the said period and it shall last during the life of the author and for fifty (50) years after his
death. (Sec 213.3, IP Code)

PRESENTATION TITLE 14
• Works of Applied Art: a period twenty-five (25) years from the date it was made (Sec.
213.4, IP Code) • Photographic Works and Audio Visual Works: fifty (50) years from
publication of the work and if unpublished, fifty (50) years from the making (Sec 213.5 and
213.6, IP Code)
• Sound Recordings: fifty (50) years from the end of the year in which the performance
took place.(Sec 215.1, IP Code).
• Broadcasts: twenty (20) years from the date the broadcasttook place (Sec 215.2, IP
Code)

PRESENTATION TITLE 15
Patent
Unlike the copyright that protects expressions, patents protect
inventions or discoveries. An invention or discovery is
patentable if it meets two basic requirements.
Two Basic Requirements of Patents
• The first requirement is that the invention or discovery for
which the patent is sought is new and useful or is a new and
useful improvement. Therefore, any technical solution of a
problem in any field of human activity that is new, involves an
inventive step and is industrially applicable is patentable. It
may be, or may relate to, a product, process or any
improvement thereof.

PRESENTATION TITLE 17
The second requirement is that the invention or discovery must satisfy the following four
conditions and all must apply:

1. Utility
2. Novelty
3. Non-obviousness
4. Disclosure

PRESENTATION TITLE 18
Patent
• Patent Rights
• Patent Application in the Philippines
• Patent Limits

PRESENTATION TITLE 19
Patent Rights
The right to a patent belongs to the inventor, his heirs or assigns. When two (2) or more
persons have jointly made an invention, the right to the patent shall belong to them jointly
(Sec. 28, IP Code).
If two (2) or more persons have made the invention separately and independently of each
other, the right to the patent shall belong to the person who filed an application for such
invention, to the applicant who has the earliest filing date or, the earliest priority date (Sec.
29, IP Code).
If the invention patent was commissioned, the right to the patent belongs to the person who
commissioned it, unless otherwise stated in the contract. In cases where the employee made
the invention in the course of his employment, the patent shall belong to the employee if the
inventive activity is not a part of his regular duties even if the employee uses the time,
facilities and materials of the employer. On the other hand, if the invention is the result of the
performance of his regularly-assigned duties, the right to the patent shall belong to the
employer unless there is an
express or implied agreement to the contrary (Sec. 30, IP Code).
PRESENTATION TITLE 20
Patent Application in the Philippines
A Filipino national may file a patent application in the Philippines. Also, any person
who is a national or who is domiciled or who has real or effective industrial
establishment in a country which is a party to any convention, treaty or agreement
relating to intellectual property rights or the repression of unfair competition to
which the Philippines is also a party, or extends any reciprocal rights to nationals of
the Philippines by law, may file a patent application in the Philippines. It must have
the following requirements:

• Request for the grant of patent

• Description of the invention
• Drawings, if any
• Claims
• Abstract
PRESENTATION TITLE 21
Duration of Patents
A patent has a term of twenty (20) years from the filing date of the application. Any
interested person may file a petition to cancel the patent or any claim thereof, or parts
of the claim, on any of the following grounds:

• Lack of novelty
• The patent fails to disclose the invention in a manner sufficiently clear and
complete for it to be carried out by a person skilled in the art
• The patent is contrary to public order or morality

PRESENTATION TITLE 22
Patent Limits
The owner of a patent has no right to prevent third parties from using the invention
under the following circumstances:
• Using the patented product which has been put on the market in the Philippines by
the owner of the product, or with his express consent, insofar as such use is
performed after that product has been so put on the said market
• Where the act is done privately and on a non-commercial purpose provided, that it
does not significantly prejudice the economic interests of the owner of the patent
• Where the act consists of making or using exclusively for the purpose of
experiments that relate to the subject matter of the patented invention

PRESENTATION TITLE 23
• Where the invention is used on any ship, vessel, aircraft, or land
vehicles of any other country entering the territory of the Philippines
temporarily or accidentally provided, that such invention is used
exclusively for the needs of the ship, vessel, aircraft or land vehicle
and not used for the manufacturing of anything to be sold within the
Philippines (Sec. 72, IP Code).

PRESENTATION TITLE 24
Trade Marks
A trademark protects a business' brand identity in the
marketplace. Registration of it gives the owner the exclusive
rights to prevent others from using or exploiting the mark in
any way.
Trade Marks
• Trademark Registration in the Philippines
• Trademark Validity in the Philippines

PRESENTATION TITLE 26
Trademark Registration in the Philippines
Anything that qualifies as a “mark” under the definition in the Intellectual Property Code
provision may be registered as a trademark. Collective marks can also be registered in the
Philippines.

Collective marks refers any visible sign designated as such in an application for
registration and capable of distinguishing the origin or any other common
characteristic.

However there are some cases wherein a "mark" cannot be registered. For example colors
that is not defined by a given form, is not registrable. Shapes may be registered as trademarks
but if the shapes are necessitated by technical factors or by the nature of the goods themselves
or factors that affect their intrinsic value, they may not be registered as a trademark.

PRESENTATION TITLE 27
Trademark Validity in the Philippines
A trademark registration is valid for ten (10) years. After the registration of a
trademark, the registrant is required to file a Declaration of Actual Use with
proof of such use within one (1) year from the fifth anniversary of the date of
the registration of the mark. Otherwise, the mark shall be removed from the
Trademark Register by the Intellectual Property Office.
A trademark registration may be renewed for periods of ten (10) years after
the expiration of the original ten-year term, upon payment of the prescribed
fee and upon filing of a petition for renewal of registration.

PRESENTATION TITLE 28
Cyber Crime
Cyber Crime

• The Computer Crime Law in the Philippines

• Three Categories of Cybercrime
• Computer System Attacks
• Social and Ethical Consequences

PRESENTATION TITLE 30
The Computer Crime
Law in the Philippines
The Computer Crime Law in the Philippines
• In the Philippines it is known as Republic Act No. 10175 or the Cybercrime
Prevention Act of 2012. It was signed into law by President Aquino on Sept. 12,
2012. Its original goal was to penalize acts like cybersex, child pornography,
identity theft and unsolicited electronic communication in the country.
• Child pornography via computer carries a penalty one degree higher than that
provided by RA 9775, or the Anti-Child Pornography Act of 2009. Under RA
9775, those who produce, disseminate or publish child pornography will be fined
from P50,000 to P5 million, and slapped a maximum jail term of reclusion
perpetua, or 20 to 40 years.

PRESENTATION TITLE 32
The law also penalizes offenses against the confidentiality, integrity and
availability of computer data and system, such as:

• Illegal Access – the access to the whole or any part of a computer system without
right.
• Illegal Interception – the interception made by technical means without right of
any non-public transmission of computer data to, from, or within a computer
system including electromagnetic emissions from a computer system carrying
such computer data.
• Data Interference - the intentional or reckless alteration, damaging, deletion or
deterioration of computer data, electronic document, or electronic data message,
without right, including the introduction or transmission of viruses.

PRESENTATION TITLE 33
• System Interference - the intentional alteration or reckless hindering or
interference with the functioning of a computer or computer network by
inputting, transmitting, damaging, deleting, deteriorating, altering or
suppressing computer data or program, electronic document, or electronic
data message, without right or authority, including the introduction or
transmission of viruses.
• Misuse of Devices - the use, production, sale, procurement, importation,
distribution, or otherwise making available, without right.
• Cybersquatting - the acquisition of a domain name on the Internet in bad
faith or with the intent to profit, mislead, destroy one’s reputation or
deprive others from registering the same domain name.

PRESENTATION TITLE 34
Three Categories of
Cybercrime
Three Categories of Cybercrime
1. Cyberpiracy — using cybertechnology in unauthorized ways to: a.
Reproduce copies of proprietary information.
2. Cybertrespass—using cybertechnology to gain unauthorized access to:
a. An
individual’s or an organization’s computer system.
3. Cybervandalism—using cybertechnology to unleash one or more
programs that: a.
Disrupt the transmission of electronic information across one or more
computer networks, including the Internet.

PRESENTATION TITLE 36
Computer System
Attacks
Computer System Attacks

Major computer attacks fall into two categories:

1. Penetration - A penetration attack involves breaking into a computer

system using known security vulnerabilities to gain access to a cyberspace
resource. Penetration can be done in both local (using a computer on a
LAN) or global (by means of the internet). Penetration attacks originate
from many sources including:

PRESENTATION TITLE 38
a. Insider Threat - insiders are a major source of computer
crimes because they do not need a great deal of knowledge about the
victim computer system.

• Malicious Insiders - Companies are exposed to a wide range

of fraud risks, including diversion of company funds, theft of
assets, fraud connected with bidding processes, invoice and
payment fraud, computer fraud, and credit card fraud.

• Industrial spies - This individuals use illegal means to obtain

trade secrets from competitors of their sponsor. It can involve the
theft of new product designs, production data, marketing
information, or new software source code.

PRESENTATION TITLE 39
b. Hackers - penetrate a computer system for a number of reasons
and uses a variety of techniques. Using the skills they have,
they download attack scripts and protocols from the Internet
and launch them against victim sites.

• Hackers - They test the limitations of information systems out of

intellectual curiosity. The term hacker has evolved over the years,
leading to its negative connotation today rather than the positive
one it used to have.

• Cracking - is a form of hacking that is clearly criminal activity.

Crackers break into other people’s networks and systems to
cause harm

PRESENTATION TITLE 40
c. Criminal Groups - While a number of penetration attacks come
from insiders and hackers with youthful intents, there are a number
of attacks that originate from criminal groups.

• Cybercriminals are motivated by the potential for monetary gain and

hack into corporate computers to steal, often by transferring money from
one account to another to another.

d. Hacktivists and Cyberterrorists

• Hacktivism, a combination of the words hacking and activism, is hacking

to achieve a political or social goal.

• A cyberterrorist launches computer-based attacks against other

computers or networks in an attempt to intimidate or coerce a
government in order to advance certain political or social objectives.

PRESENTATION TITLE 41
2. Denial of Service

Denial of service attacks, commonly known as distributed denial

of service (DDoS) attacks, are a new form of computer attacks. They
are directed at computers connected to the Internet. They are not
penetration attacks, and therefore, they do not change, alter, destroy,
or modify system resources. However, they affect the system by
diminishing the system’s ability to function; hence, they are capable of
bringing a system down without destroying its resources.

PRESENTATION TITLE 42
Motives of Computer
Crimes
Motives of Computer Crimes
• Political Activism.
• There are many causes that lead to political activism, but all these causes are grouped
under one burner — hacktivism.
• Vendetta.
• Most vendetta attacks are for mundane reasons that may involve business, social or
personal issues.
• Joke/Hoax.
• Hoaxes are warnings that are actually scare alerts started by one or more malicious
persons and are passed on by innocent users who think that they are helping the
community by spreading the warning.

PRESENTATION TITLE 44
• The Hacker’s Ethics.
This is a collection of motives that make up the hacker character. If any of
these beliefs is violated, a hacker will have a motive.

• Free access to computers and other ICT resources should be unlimited and
total.
• All information should be free.
• Mistrust authority; promote decentralization.
• Hackers should be judged by their hacking, not bogus criteria such as
degrees, age, race, or position.

• Terrorism/Extortion.
Electronic terrorism by individuals or groups are targeting enterprise systems,
institutions and governments. But cyber terrorism is not only about obtaining
information; it is also about instilling fear and doubt and compromising the
integrity of the data, which leads to extortion.

PRESENTATION TITLE 45
• Hate.
The growth of computer and telecommunication technology has
unfortunately created a boom in all types of hate. There is growing
concern about a growing rate of acts of violence and intimidation
motivated by prejudice based on race, religion, sexual orientation,
or ethnicity.

• Personal Gain/Fame/Fun.
Personal gain motives are always driven by the selfishness of
individuals who are not satisfied with what they have and are
always wanting more, mostly financially.

PRESENTATION TITLE 46
Social and Ethical
Consequences
Social and Ethical Consequences
1. Psychological Effects.
These depend on the attack motive and may result in long
psychological effects such as hate. Psychological effects may lead
to individual reclusion and increasing isolation.
2. Moral decay.
There is a moral imperative in all our actions. When human actions,
whether bad or good, become so frequent, they create a level of
familiarity that leads to acceptance as normal. This type of
acceptance of actions formerly viewed as immoral and bad by
society is moral decay

PRESENTATION TITLE 48
1. A
2. 3
3. Loss of privacy.
After headline-making e-attacks that wreaked havoc on global computers
systems, there is a resurgence in the need for quick solutions to the problem.
Many businesses are responding with patches, filters, intrusion detection (ID)
tools, and a whole list of other solutions. These solutions are a direct attack on
individual privacy. The blanket branding of every Internet user as a potential
computer attacker or a criminal—until proven otherwise—is perhaps the greatest
challenge to personal freedom yet encountered by the world’s societies.

4. Trust.
Along with privacy lost, trust is lost. Individuals once attacked lose trust in a
person, group, company, or anything else believed to be the source of the attack
or believed to be unable to stop the attack. Such customer loss of trust in a
business is disastrous for that business.

PRESENTATION TITLE 49