Intellectual Property and Cybrecrime Law (introduction)
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Brief discussion about Intellectual Property of the Philippines and the Cybercrime law.
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Intellectual Property and Cybrecrime Law (introduction)
- 3. IP PHILIPPINES WAS CREATED TO ADMINISTER AND IMPLEMENT THE STATE POLICIES DECLARED IN REPUBLIC ACT (RA) 8293, KNOWN AS THE INTELLECTUAL PROPERTY (IP) CODE OF THE PHILIPPINES. THE STATE RECOGNIZES THAT AN EFFECTIVE IP SYSTEM IS VITAL TO THE DEVELOPMENT OF DOMESTIC AND CREATIVE ACTIVITY, FACILITATES TRANSFER OF TECHNOLOGY, ATTRACTS FOREIGN INVESTMENTS, AND ENSURES MARKET ACCESS FOR OUR PRODUCTS. IT SHALL PROTECT AND SECURE THE EXCLUSIVE RIGHTS OF THE PEOPLE, PARTICULARLY WHEN BENEFICIAL TO THE PEOPLE.
- 4. Intellectual property (IP) is a legal concept which refers to creations of the mind for which exclusive rights are recognized. The law is divided with 241 sections across 4 parts.
- 5. INTELLECTUAL PROPERTY RIGHTS • COPYRIGHT AND RELATED RIGHTS • TRADEMARKS AND SERVICE MARKS • GEOGRAPHICAL INDICATIONS • INDUSTRIAL DESIGN • PATENTS • LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS • PROTECTION OF UNDISCLOSED INFORMATION
- 6. COPYRIGHTS AND RELATED RIGHTS COPYRIGHT IS THE LEGAL PROTECTION EXTENDED TO THE OWNER OF THE RIGHTS IN AN ORIGINAL WORK REFERS TO EVERY PRODUCTION IN THE LITERARY, SCIENTIFIC AND ARTISTIC DOMAIN. AMONG THE LITERARY AND ARTISTIC WORKS ENUMERATED IN THE IP CODE INCLUDES BOOKS AND OTHER WRITINGS, MUSICAL WORKS, FILMS, PAINTINGS AND OTHER WORKS, AND COMPUTER PROGRAMS.
- 7. TRADEMARKS AND SERVICE MARKS A TRADEMARK IS A TOOL USED THAT DIFFERENTIATES GOODS AND SERVICES FROM EACH OTHER. A TRADEMARK CAN BE ONE WORD, A GROUP OF WORDS, SIGN, SYMBOL, LOGO, OR A COMBINATION OF ANY OF THESE. GENERALLY, A TRADEMARK REFERS TO BOTH TRADEMARK AND SERVICE MARK, ALTHOUGH A SERVICE MARK IS USED TO IDENTIFY THOSE MARKS USED FOR SERVICES ONLY. A TRADEMARK CAN BE PROTECTED THROUGH REGISTRATION. REGISTRATION GIVES THE TRADEMARK OWNER THE EXCLUSIVE RIGHT TO USE THE MARK AND TO PREVENT OTHERS FROM USING THE SAME OR SIMILAR MARKS ON IDENTICAL OR RELATED GOODS AND SERVICES.
- 8. GEOGRAPHICAL INDICATIONS A GEOGRAPHICAL INDICATION IS A SIGN USED ON PRODUCTS THAT HAVE A SPECIFIC GEOGRAPHICAL ORIGIN AND POSSESS QUALITIES, REPUTATION OR CHARACTERISTICS THAT ARE ESSENTIALLY ATTRIBUTABLE TO THAT PLACE OF ORIGIN. MOST COMMONLY, A GEOGRAPHICAL INDICATION INCLUDES THE NAME OF THE PLACE OF ORIGIN OF THE GOODS.
- 9. INDUSTRIAL DESIGN AN INDUSTRIAL DESIGN IS THE ORNAMENTAL OR AESTHETIC ASPECT OF AN ARTICLE. THE DESIGN MAY CONSIST OF THREE-DIMENSIONAL FEATURES, SUCH AS THE SHAPE OR SURFACE OF AN ARTICLE, OR OF TWODIMENSIONAL FEATURES, SUCH AS PATTERNS, LINES OR COLOR. WHEN AN INDUSTRIAL DESIGN IS PROTECTED, THE OWNER – THE PERSON OR ENTITY THAT HAS REGISTERED THE DESIGN – IS ASSURED AN EXCLUSIVE RIGHT AGAINST UNAUTHORIZED COPYING OR IMITATION OF THE DESIGN BY THIRD PARTIES.
- 10. PATENTS A PATENT IS A GRANT ISSUED BY THE GOVERNMENT THROUGH THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES (IP PHILIPPINES). IT IS AN EXCLUSIVE RIGHT GRANTED FOR A PRODUCT, PROCESS OR AN IMPROVEMENT OF A PRODUCT OR PROCESS WHICH IS NEW, INVENTIVE AND USEFUL. THIS EXCLUSIVE RIGHT GIVES THE INVENTOR THE RIGHT TO EXCLUDE OTHERS FROM MAKING, USING, OR SELLING THE PRODUCT OF HIS INVENTION DURING THE LIFE OF THE PATENT.
- 11. LAY-OUT DESIGN OF INTEGRATED CIRCUITS INTEGRATED CIRCUIT LAYOUT, ALSO KNOWN IC LAYOUT, IC MASK LAYOUT, OR MASK DESIGN, IS THE REPRESENTATION OF AN INTEGRATED CIRCUIT IN TERMS OF PLANAR GEOMETRIC SHAPES WHICH CORRESPOND TO THE PATTERNS OF METAL, OXIDE, OR SEMICONDUCTOR LAYERS THAT MAKE UP THE COMPONENTS OF THE INTEGRATED CIRCUIT. UNDER THE LAYOUT-DESIGNS OF INTEGRATED CIRCUITS ACT, THE OWNER HAS THE RIGHT TO PREVENT THE COPYING AND COMMERCIAL EXPLOITATION OF AN ORIGINAL LAYOUT-DESIGN OF AN IC.
- 12. PROTECTION OF UNDISCLOSED INFORMATION IN GENERAL TERMS TRADE SECRETS INCLUDE INVENTIONS, IDEAS, OR COMPILATIONS OF DATA THAT ARE USED BY A BUSINESS TO MAKE ITSELF MORE SUCCESSFUL. SPECIFICALLY, TRADE SECRETS INCLUDE ANY USEFUL FORMULA, PLAN, PATTERN, PROCESS, PROGRAM, TOOL, TECHNIQUE, MECHANISM, COMPOUND, OR DEVICE THAT IS NOT GENERALLY KNOWN OR READILY ASCERTAINABLE BY THE PUBLIC.
- 13. EXAMPLES OF INTELLECTUAL PROPERTY INFRINGEMENT • ILLEGAL DUPLICATION OF A LICENSED SOFTWARE • SELLING OF FAKE TRADEMARKED DEVICES • RECREATING SAME PATENTS WITHOUT FURTHER IMPROVEMENT
- 14. PIPA OF 2011 (PROTECT INTELLECTUAL PROPERTY ACT) - Introduced by Senator Patrick Leahy - To access rogue websites dedicated to the sale of infringing or counterfeit goods - A re-write of the Combating Online Infringement and Counterfeit ACT (COICA) which was failed to pass in 2010 SOPA OF 2012 (STOP ONLINE PIRACY ACT) - Introduced by U.S. Representative Lamar S. Smith - To expand the U.S law enforcement against online copyright infringement and online trafficking in counterfeit goods - Involves that copyright enforcement that would have compelled Internet Censorship - Many protested against the law due to the great harm to online freedom of speech, websites, and internet communities January 18, 2012, widespread online protest against both SOPA and PIPA
- 15. MEGAUPLOAD AND ANONYMOUS • IN JANUARY 19 , 2012 • THE GROUP ANONYMOUS ATTACK THE PRO-SOPA ORGANIZATIONS AND COMPANIES (E.G RIAA , CBS.COM) OF DDOS (DISTRIBUTED DENIAL OF SERVICE) • AT THE SAME DAY, MEGAUPLOAD.COM WAS SHUTDOWN AND THE CEO KIM DOTCOM WAS ARRESTED BY THE UNITED STATES DEPARTMENT OF JUSTICE
- 16. COUNTER ACTS OF WEBSITES • PIRATEBAY • TORRENT SITE • COUNTER ACTS BY CHANGING THE SITES DOMAIN IDENTIFIER • FROM .ORG TO .SE, .AC, .PE • CONTINUES TO CHANGE THEIR DOMAIN IDENTIFIERS
- 17. COUNTER ACTS OF WEBSITES • WIKIPEDIA • ACT AGAINST THE SOPA AND PIPA • COMPLETELY SHUTDOWN THE SITE FOR 24 HOURS • FOR THE PAST 72 HOURS, 1800 WIKIPEDIANS JOINED IN PROTESTING AGAINST SOPA AND PIPA
- 18. CYBERCRIME PREVENTION ACT OF 2012 •HISTORY •DESCRIPTION •TYPES OF CYBERCRIME •SCANDALS OF CYBERCRIME ACT
- 19. • REPUBLIC ACT 10715, OR ALSO KNOWN AS THE “CYBERCRIME PREVENTION ACT OF 2012” WAS SIGNED INTO LAW BY INCUMBENT PHILIPPINE PRESIDENT, BENIGNO C. AQUINO ON SEPTEMBER 12, 2012, NO LAWS EXIST SPECIFICALLY CRIMINALIZES COMPUTER CRIME. ALTHOUGH CERTAIN LAWS EXIST SUCH AS REPUBLIC ACT NO. 8792 KNOWN AS THE ELECTRONIC COMMERCE ACT OF 2000, HOWEVER THESE EXISTING LAWS DOES NOT ACCOUNT FOR THE CRIMINALIZING OF THE CRIMES THAT HAVE BEEN DONE OVER A COMPUTER. • A TOTAL OF 15 PETITIONS WAS MADE TO THE SUPREME COURT, REQUESTING THE ISSUANCE OF A TRO. ON OCTOBER 9, 2012 THE SUPREME COURT OF THE PHILIPPINES ISSUED A 120-DAY RESTRAINING ORDER, STOPPING THE IMPLEMENTATION OF THE ACT.
- 20. DESCRIPTION THE CYBERCRIME PREVENTION ACT OF 2012, OFFICIALLY RECORDED AS REPUBLIC ACT NO. 10175, IS A LAW IN THE PHILIPPINES APPROVED ON 12 SEPTEMBER 2012. IT AIMS TO ADDRESS LEGAL ISSUES CONCERNING ONLINE INTERACTIONS AND THE INTERNET IN THE PHILIPPINES. AMONG THE CYBERCRIME OFFENSES INCLUDED IN THE BILL ARE CYBERSQUATTING, CYBERSEX, CHILD PORNOGRAPHY, IDENTITY THEFT, ILLEGAL ACCESS TO DATA AND LIBEL.
- 21. DESCRIPTION PROVISIONS The Act, divided into 31 sections split across eight chapters, criminalizes several types of offenses. OFFENSES: • • • Offenses against the confidentiality, integrity and availability of computer data and systems Computer-related Offenses Content-related Offenses
- 22. • CYBER SQUATTING • CYBERSEX • CHILD PORNOGRAPHY • IDENTITY THEFT
- 23. SCANDALS OF CYBERCRIME ACT • Many protested towards the law before it was even implemented • Facebook users (Filipino) would change their profile pictures into black • Twitter user would hashtag with #notocybercrimelaw
- 24. SCANDALS REFERRING TO CYBERCRIME ACT • TITO SOTTO WAS INSERTION PROVISION ON LIBEL UNDER THE CYBERCRIME PREVENTION ACT BECAUSE OF THE PLAGIARISM OF JOHN F. KENNEDY’S SPEECH • HE STATED THAT HE DIDN’T PLAGIARISM THE SPEECH BUT ONLY TO FAIL WITH QUOTING JFK’S SPEECH