Nature of laws, legal relations and responsibilities, intellectual property rights, RA 9292

1. LAW
• Rule of action
• System of Uniformity

2. GENERAL DIVISIONS
I. LEGAL
a. State
II. NON – LEGAL
a. Divine
b. Natural
c. Moral
d. Physical

3. CHARACTERICTICS OF STATE LAW
 Rule of conduct
 Obligatory
 Promulgated by legitimate authority
 Of common observance and benefit

4. CONTRACT
“meeting of minds”

5. STAGES
I. Preparation (conception)
II. Perfection (birth)
III. Consummation (termination)

6. ELEMENTS
I. ESSENTIAL
a. Consent (agreement)
b. Subject matter
c. Cause or consideration
II. NATURAL
III. ACCIDENTAL

7. INTELLECTUAL PROPERTY RIGHTS
I. COPYRIGHT
II. PATENT
III. TRADEMARKS, TRADENAMES and
SERVICE MARKS

8. COPYRIGHT
“An intangible incorporeal right to certain literary,
scholarly, scientific and artistic productions granted by
statute to the author or creator of the work and giving
him, his heirs and other assigns the exclusive and sole
privilege to . . .”

9. I. Print, reprint, publish, copy, distribute and photo-
reproduce the work
II. Translate, arrange, adapt, and convert the work
from dramatic to non-dramatic and vice-versa
III. Exhibit, perform, represent, produce or reproduce
the work for profit
IV. Make any other use or disposition of it

10. WORKS PROTECTED:
a. books, manuscripts, directories, gazettes
b. periodicals
c. lectures and sermons
d. letters
e. dramatic compositions and choreographic works
f. musical compositions
g. works of drawing, painting, architecture, sculpture
and other works of art
h. reproductions of works of art

11. i. ornamental designs
j. maps, sketches, plans and charts
k. drawings or plastic works
l. photographic works
m. cinematographic works
n. computer programs
o. prints, labels, tags and copies, box wraps
p. dramatizations, translations of literary, musical,
artistic works or works of the government
q. collections of literary, scholarly or artistic work

12. WORKS NOT PROTECTED:
a. work of any government officer or employee as part of
his regularly prescribed duties
b. statutes, rules and regulations of government offices
and decisions rendered by courts
c. reports of media by current events

13. DURATION:
a. lasts from the moment of the creation of the work and up
to a period of 50 years after the death of the author or last
surviving co –author
b. if the work is anonymous, the protection shall last 50 years
after publication
c. performers’ works (actors, singers, musicians, dancers,
etc.), products of sound recordings & broadcasting stations
are protected for 20 years counted from the end of the
performance year, recording or broadcast

14. PATENT
“An exclusive right acquired over an invention to sell,
use and make the same whether for commerce or
industry.”

15. PATENTABLE INVENTIONS:
i. it is new; it must possess novelty, originality and
precedence
ii. it consists of a useful machine, manufactured
product or substance or process or improvement

16. INVENTIONS NOT PATENTABLE:
i. immoral or against public policy
ii. mere ideas or abstract theorems
iii. process not directed to making or improving a
commercial product

17. DURATION:
17 years from the date of issuance from the Bureau of
Patents

18. TRADEMARKS, TRADENAMES AND
SERVICE MARKS
Trademark – word, name, design symbol, etc. used by a
manufacturer or merchant on his goods to identify and
distinguish them from those sold or manufactured by
others
Tradename – name, device or word used by a manufacturer,
industrialist, or merchant to identify his business, vocation
or occupation from that of others
Service mark – mark used in the sale or advertising of
services to identify the services of one person and
distinguish them from the services of others

19. ENTITLED TO REGISTER AND USE:
i. owner actually using the mark or name
ii. long continuous user
iii. prior and first user
iv. alien owners

20. NON – REGISTRABLE TRADEMARKS,
TRADENAMES AND SERVICE MARKS:
i. immoral, deceptive and scandalous
ii. bearing the Phil. flag and coat of arms
iii. names of living persons and names of deceased Phil.
presidents
iv. similar to the registered mark of another
v. deceptive or consists of geographical names

21. DIFFERENCES
COPYRIGHT PATENT TRADEMARK
Subject
Matter
literary,
scholarly,
scientific or
artistic work
new
and
useful
inventio
ns
goods
manufacture
d or
produced

22. COPYRIGHT PATENT TRADEMARK
Where
Reserved
Bureau of
National
Libraries
Bureau of
Patents
Bureau of
Patents
Duration up to 50 yrs.
after the
author’s death
17 yrs. 20 yrs.

23. RA 9292
FEBRUARY 2, 2004
“An act providing for a more responsive
& comprehensive regulation for the
registration, licensing, and practice of
PROFESSIONAL ELECTRONICS
ENGINEERS, ELECTRONICS
ENGINEERS & ELECTRONICS
TECHNICIANS, repealing RA 5734...”

24. ART. 1 – GEN. PROVISIONS
Sec 1: Title –
“ELECTRONICS
ENGINEERING LAW of
2004”
Sec 2: Statement of Policy
Sec 3: Definition &
Interpretation of Terms

25. (a) Electronics - the science dealing with the
development and application of
devices and systems involving the flow of electrons or other
carriers of electric
charge, in a vacuum, in gaseous media, in plasma, in
semiconductors, in solid-state
and/or in similar devices, including, but not limited to,
applications involving optical,
electromagnetic and other energy forms when transduced or
converted into electronic
signals.

26. (b) Professional Electronics
Engineer - a person who is qualified to hold
himself/herself out as a duly registered/licensed
Professional Electronics Engineer under this Act and to
affix to his/her name the letters "PECE".
(c) Electronics Engineer - a person
who is qualified to hold himself/herself out
as a duly registered/licensed Electronics Engineer under this
Act and to affix to
his/her name the letters "ECE".

27. (d) Electronics Technician - a person
who is qualified to hold himself/herself
out as a duly registered/licensed Electronics Technician
under this Act and to affix to
his/her name the letters "ECT".
(e) Electronics and
Communications Engineer - a
person who is qualified to
hold himself/herself out as a duly-registered/licensed
Electronics and
Communications Engineer under Republic Act No. 5734.

28. (f) Computer – any of a variety of electronic
devices that is capable of
accepting data, programs and/or instructions, executing the
programs and/or
instructions to process the data and presenting the results.
(g) Information and
Communications Technology -
the acquisition, production, transformation, storage and
transmission/reception of data and information by
electronic means in forms such as vocal, pictorial, text,
numeric or
the likes; also refers to the theoretical & practical
applications & processes utilizing
such data and information.

29. (h) Communications - the process
of sending and/or receiving information,
data, signals and/or messages between two (2) or
more points by radio, cable, optical
wave guides or other devices and wired or wireless
medium

30. (i) Telecommunications - any
transmission, emission or reception of voice,
data, electronic messages, text, written or printed matter,
fixed or moving pictures or
images, words, music or visible or audible signals or sounds,
or any information,
intelligence and/or control signals of any design/format and
for any purpose, by wire,
radio, spectral, visual/optical/light, or other electronic,
electromagnetic and
technological means.

31. (j) Broadcast, Broadcasting - an
undertaking the object of which is to transmit
audio, video, text, images or other signals or messages for
reception of a broad
audience in a geographical area via wired or wireless means.
(k) Industrial Plant - includes all
manufacturing establishments and other
business endeavors where electronic or electronically-
controlled machinery or
equipment are installed and/or are being used, sold,
maintained, assembled,
manufactured or operated.

32. (l) Commercial Establishment -
shall include but not be limited to office buildings, hotels,
motels, hospitals, condominiums, stores, apartments,
supermarkets, schools, studios, stadia, parking areas,
memorial chapels/parks, watercraft & aircraft used for
business or profit, and any other building/s or area/s for
business purposes,
where electronic or electronically-controlled machinery or
equipment are installed
and/or are being used, sold, maintained, assembled,
manufactured or operated.

33. (m) Consulting Services - as used
in this Act, shall include services requiring
adequate technical expertise, experience and
professional capability in undertaking
advisory and review, pre-investment or feasibility
studies, design, planning,
construction, supervision, management and related
services, and other technical
studies or special studies in the field of electronics
engineering.

34. (n) Accredited Professional
Organization - the integrated and
accredited
national organization of Professional Electronics
Engineers, Electronics Engineers
and Electronics Technicians.

35. Sec 4: Categories of Practice
(a) Professional Electronics Engineer (PECE)
(b) Electronics Engineer (ECE)
(c) Electronics Technician (ECT)

36. Sec 5: Nature & Scope of Practice of Electronics
Engineering and Electronics Technician Professions
(a) Electronics Engineer - investigation, analysis,
synthesis, planning, design,
specification, research and development, provision,
procurement, marketing and sales, manufacture and
production, construction and installation,
tests/measurements/control, operation, repair, servicing,
technical support and maintenance of electronic
components, devices, products, apparatus, instruments,
equipment, systems, networks, operations and processes
in the fields of electronics,

37. including communications and/or telecommunications,
information and
communications technology (ICT), computers and their
networking and
hardware/firmware/software development and applications,
broadcast/broadcasting,
cable and wireless television, consumer and industrial
electronics, electrooptics/
photonics/opto-electronics, electro-magnetics, avionics,
aerospace,
navigational and military applications, medical electronics,
robotics, cybernetics,
biometrics and all other related and convergent fields;

38. it also includes the
administration, management, supervision and regulatory
aspects of such works and
activities; similarly included are those teaching and training
activities which develop
the ability to use electronic engineering fundamentals and
related advanced
knowledge in electronics engineering, including lecturing
and teaching of technical
and professional subjects given in the electronics
engineering and electronics technician curriculum and
licensure examinations.

39. (b) Professional Electronics Engineer - embrace and
consist of all of the above plus the sole authority to
provide
consulting services as defined in this Act and to sign and
seal electronics plans,
drawings, permit applications, specifications, reports
and other technical documents
prepared by himself/herself and/or under his direct
supervision.

40. (c) Electronics Technician profession - embrace and
consist of any non-engineering work or activity relating to
the installation, construction, operation, control, tests and
measurements, diagnosis, repair and maintenance,
manufacture and production, sales and marketing of any
electronic component/s, device/s, products, apparatus,
instruments, equipment, system/s, network/s, operations
and processes located on land, watercraft, aircraft,
industrial plants or commercial establishments, including
the teaching and training of technical and professional
subjects given in the electronics technician curriculum and
licensure exams.