Intellectual Property in the Philippines (PDF)
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This document covers the laws surrounding Intellectual Property Rights in the Philippines. It includes sections on copyright, digital rights management, and encryption. The document is a good starting point on basic IP law.
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GROUP 7 INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES & Data COPYRIGHT AND RELATED RIGHTS Privacy Act of 2012 COPYRIGHT - Is a set of exclusive rights granted WHAT IS INTELLECTUAL PROPERTY?...
GROUP 7 INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES & Data COPYRIGHT AND RELATED RIGHTS Privacy Act of 2012 COPYRIGHT - Is a set of exclusive rights granted WHAT IS INTELLECTUAL PROPERTY? by a state to the creator of an - refers to a number of distinct types original work or their assignee for a of intangible assets for which set limited period of time in exchange for exclusive rights are recognized. public disclosure of the work, and - is any creation or product of the includes the right to copy, distribute human mind and may be expressed and adapt the work. expressed in the form of original ideas, expressions, and processes. DIGITAL RIGHT - is the permission granted to individuals to legitimately perform INTELLECTUAL PROPERTY RIGHTS actions involving the use of - are the rights given to persons over computer, any electronic device, or a their creation. communications network. They usually give the creator an exclusive rights over the use of his or her creation for a certain period of time. DIGITAL RIGHTS MANAGEMENT IPR CONSIST OF: - Digital rights management (DRM) is used to sed to describe the Copyrights and related right processes by which the author or Trademarks and service marks publisher of a work exerts his or her Geographic Indications rights to control what the purchaser Industrial Design of the work is entitled to do. This Patents represents the control by which one Layout Design of Integrated Circuit can prevent a person or an Protection of undisclosed organization from copying, printing, information editing, or otherwise making the privileged information available to INTELLECTUAL PROPERTY OFFICE OF other people. THE PHILIPPINES - is the government agency in charge ENCRYPTION of the implementation of the law - Encryption is the process of protecting intellectual property rights converting data or information in in the Philippines as provided for such a way that only authorized under R.A 8293, or the Intellectual parties can understand. Its primary Property Code of the Philippines, purpose is to protect the and the revised Intellectual Property confidentiality of digital data stored Code of the Philippines known as on computer systems or transmitted R.A 10372 via the internet or other computer not complete DRM mechanisms in networks. their own right, but are used as part - DRM systems for multimedia often of a system for copyright encrypt material in such a way that enforcement, such as helping only a particular device can play or provide prosecution evidence for retrieve it, enforcing constraints on legal purposes, rather than direct how it is used. DVDs use an technological restriction. encryption scheme to prevent users from viewing discs on unauthorized PATENT players. - is a set of exclusive rights granted by a state to an inventor for a limited SERIAL KEY period of time in exchange for the - Also known as a product key or a public disclosure of an invention. software key, it is a series of The exclusive right granted public to alphanumeric characters acting as a a patentee in most countries is the key to denote that the product or right to prevent others from making, software is original. In some cases, using,selling, or distributing the product keys are used for product patented invention, without activation. One such example is permission. One example of a Microsoft Windows OS. A product patented design is that of Apple's key is used to activate the operating iPod. system online. Online activation helps maintain software authenticity TRADE MARK by making sure no one else has - A trademark is a distinctive sign used the same product key. used by an individual, business organization, or other legal entity to SCRAMBLING identify the products or services to - Data scramblingi unauthorized consumers. The mark comes from a users. Scrambling is is done to hide unique source, and it distinguishes sensitive accomplished by the its product (trademark) or services addition of components to the (service mark) from the others original signal or the changing of some important component of the PROTECTION OF UNDISCLOSED original signal in order to make the INFORMATION extraction of the original signal - Industries and companies used to difficult. It is often done with the aid have information confidential of encryption. especially in dealing with sensitive industry secrets. To protect these TAG EMBEDDING industry secrets, also called trade - Similar to how pictures can include secrets, companies usually require watermarks to denote information on employees to sign contracts with the owner of the picture, tag non-disclosure agreements (NDAS) embedding does the same to information content. Watermarks are INFORMATION PRIVACY All processing of sensitive and personal - is the protection of an individual's information is prohibited except in personal information and their right certain circumstances. The exceptions to control how it's shared with are: others. It's also known as data privacy or data protection. - consent of the data subject; - pursuant to law that does not Information privacy is concerned with: require consent; - necessity to protect the life and How data is collected, stored, and health of a person; managed - necessity for medical treatment; and How data is shared with third parties - necessity to protect the lawful rights Compliance with privacy laws of data subjects in court The public's expectation of privacy proceedings, legal proceedings, or Legal and political issues regulation. Incident versus DATA PRIVACY ACT 10173 - To protect the right to free public access to information, Republic Act No. 10173, also known as the Data GROUP 8 Privacy Act of 2012, was signed and TOPICS: approved by then President Benigno S. Aquino III on August 15, 2012. INTERNET OF THINGS AND AUTOMATION The law defines sensitive personal INFLUENCE OF IT ON information as being: CULTURE AND SOCIAL BEHAVIOR - about an individual's race, ethnic origin, marital status, age, color, and INTERNET OF THINGS religious, philosophical, or political - Internet of Things (IoT) is a set-up of affiliations; devices and objects which are - about an individual's health, connected together in a given education, genetic or sexual life of a network. person, or to any proceeding or any - Their connection, often wirelessly, is offense committed or alleged to possible using both hardware and have been committed; software. - issued by government agencies - The hardware part is often made up "peculiar" (unique) to an individual, of sensors that collect idea, which such as social security number; and are then sent to other devices for - marked as classified by an analysis and possible interpretation. Executive Order or an act of Congress. CAPABILITIES OF IOT - A major requirement for loT is a strong internet connection, as all devices must be able to 1. SMART CITIES communicate with one another for th Smart cities have adopted lot in traffic upload and download of needed management, waste disposal, and even data. community monitoring for the security of the - But aside from connectivity, loT city's residents. should also be capable of the following (Mattern & Floerkeneier): 2. CONNECTED INDUSTRIES The oil and gas industry is identified as one 1. Integration across technology and of the front-runners for IoT connectivity business which includes remote access to heavy - Sensors can be used to help equipment and machinery, from improve business processes. manufacturing to production. Technology used for each application may vary, 3. CONNECTED BUILDINGS depending on the complexity Connected building projects involve and use. Software used to facility-automation to reduce energy costs. interpret incoming data and sending commands to the 4. CONNECTED CARS hardware must also be taken With smart cities adopting IoT for their traffic into account. management, it is no longer surprising for 2. Data analysis and synchronization the latest car models to be equipped with - IoT should be capable of sensors and network connectivity. Majority providing analytics to help of projects relating to smart vehicles 10 organizations in their revolve around vehicle diagnostics and decision making. monitoring. 3. Security and Service -To improve security, loT devices are 5. SMART ENERGY usually divided into networks and Majority of smart energy projects focus on each network has a different network developing smart grids for renewable access, some more restricted than energy and infrastructure. others, without compromising connection and system integration. CHALLENGES OF IOT APPLICATIONS OF IOT TEXAS INSTRUMENTS, INC. (2016) HAS - With improved business processes IDENTIFIED SIX CHALLENGES IN ITS and employee productivity, it is only IMPLEMENTATION: natural for organizations to adopt 1. SYSTEM REQUIREMENTS IoT. In a study conducted by IOT 2. CONNECTIVITY Analytics, it was found that most of 3. POWER REQUIREMENTS the 1,600 IoT projects are applied in 4. SECURITY cities (Scully, 2018). 5. DEVELOPMENT 6. SERVICES TOPPING THE LIST ARE AS FOLLOWS: AUTOMATION PROCESS AUTOMATION The use not only of industrial robots but also - Colloquially called "computerization," of "presentation-layer automation software" having automated system means is capable of carrying out the daily automated business processes, operations of an organization. operations, service provider, monitoring, and even tools. IT SUPPORT MANAGEMENT - With the use of computer systems- Management of IT infrastructure and hardware, software or both, the complex systems becomes easier using typical cumbersome and еггог prone RPA. If part of the system fails, an procedures have become automated system can immediately send automated. notifications to the IT manager and technical support staff, informing them of the problem. BELOW ARE TWO OF THE COMMON METHODS IN IMPLEMENTING IT AUTOMATED ASSISTANTS AUTOMATION: Instead of machine language (binary), computers will be able to understand human 1. ROBOTIC PROCESS AUTOMATION language and interact with the same. (RPA) 2. SENSORS SENSORS Sensors are hardware that have the * ROBOTIC PROCESS AUTOMATION capability to measure an event, object or (RPA) any physical quality that is happening. The institution for Robotic Process SENSORS CAN BE CLASSIFIED AS Automation and Artificial Intelligence ANALOG OR DIGITAL, BUT BELOW IS A (IRPAAI) defined robotic process as "the LIST OF SENSORS USED IN application of technology that allows AUTOMATION: employees in a company to configure computer software or a "robot" to capture Temperature sensor and interpret existing applications for This sensor is capable of measuring processing transaction, manipulating data, temperature as well an detecting its rise or triggering responses and communicating fall. with other digital systems" (Institute for Robotic Process Automation & Artificial Infrared (IR) sensor Inteligence, 2015, 15. рага. 3). This sensor often used for security purposes detects infrared light. APPLICATION SYSTEMS AND SOFTWARE MAY ALSO BE CONSIDERED AS RPA AS THEY ARE APPLICABLE TO Ultrasonic sensor THE FOLLOWING: An ultrasonic sensor detects sound waves, such as how radars and sonars pick up sounds. Touch sensor with friends or family without actually Through touch, the sensor activates itself interacting with them. and becomes capable of doing its function. You Tube Learners Proximity sensor - YouTube serves as a source of The sensor is able to detect objects within a videos with people searching for certain range, even if the object is not almost about anything online from physically touching the sensor yet. trivial topics to more serious subject matter. Pressure sensor A pressure sensor helps determine the weight or impact of a certain object. INFLUENCE ON SOCIAL BEHAVIOR Level sensor Cyberbullying This sensor can detect the level of liquids, - Cyberbullying is an unwanted, fluids, grainy or granular materials, such as hostile behavior done by individuals powders etc. to other people in the hope of gaining control over them. Smoke or Gas sensor - Cyberbullies can be classmates, The sensor is used to detect the presence neighbors, or officemates. Victims of of dangerous fumes such as carbon bullying often end up with personal monoxide caused by fire. traumas. And since the act of bullying is done online, the attackers THE INFLUENCE OF IT ON CULTURE may also be individuals you do not AND SOCIAL BEHAVIOR know as they hide behind their internet profiles. INFLUENCE ON CULTURE - Cyberbullying comes in the form of messages or images, such as Online Reviews memes. Since mesages or images - With the proliferation of online can be posted anonymously, it is information, it is easy to find details hard and oftentimes, difficult to trace on a certain movie or a book. the source. It becomes more However, with sites such as Rotten poblematic if the message or image Tomatoes, one can actually make a gets re-posted and distributed decision on what movie to watch quickly online, or goes "viral." simply by reading the "reviews" of Finding the original 27 post might other people. prove to be even harder. Weblogging/Social Media In order to prevent cyberbullying from - Nowadays, food bloggers post happening, individuals especially the youth pictures of their meals in restaurants are encouraged to talk to their families and along with a flood review. This trend friends in case they are experiencing such a created a culture of people dining situation online