Ethical Issues and Relevant Laws on Computing

ETHICAL ISSUES
AND RELEVANT
LAWS
FOR-IAN V. SANDOVAL

LEARNING OBJECTIVES
• Identify set of principles, standards, or rules that
guide the moral action of an individual
• Illustrate morality and code of conduct
• Apply the ten commandments of computer ethics
• Determine some ethical issues in computing
• Analyze the relevant laws in computing
• Criticize and argue legal issues of Data Privacy,
Cybercrime and Intellectual Property

CONTENTS
• Ethics
• Morality
• Conduct
• Computer Ethics
• Ethical Issues in Computing
• Information Security
• Data Privacy Act
• Cybercrime Law
• Intellectual Property Law

ETHICS
• Ethics came from the Greek word ethos
[character/custom/disposition]
• defined as the systematic study of morality
• Ethics is related to the code or set of
principles, standards, or rules that guide the
moral action of an individual within a
particular social framework
• It is concerned with moral judgement and
moral decision, involving questions about
human behaviour or conduct.

MORALITY
• came from the Latin word “moralis”, custom
or character in which people do things
• refers to what we call moral code or conduct
• looks at how good or bad our conduct is and
our standards about conduct
• In colleges there is an ethics class rather than
a morality class
• Morality is ethics in action, but in the end two
terms can be used interchangeably.
• when the word immoral is defined, it is
associated with?

STUDY OF MORALITY
Involves questions of practical reasoning such
as:
• Freedom
• Privacy
• Equality
• Duty
• Obligations
• Choice
• Justification of judgements, rights and
claims related to these terms.

CONDUCT
• How a person ought
to act responsibly in
a particular case and
to what extent this
action should be
described as right or
wrong.

COMPUTER ETHICS
• a term used to describe
the ethical principles and
moral dilemmas that you
encounter in today’s
computer-based society.
• It makes us think about
the “relationships among
facts, conceptualizations,
policies and values with
regard to constantly
changing computer
technology (James Moor).
Source: http://bit.ly/2ONj6KN

COMPUTER ETHICS
• deals with the procedures,
values and practices that
govern the process of
consuming computing
technology and its related
disciplines without
damaging or violating the
moral values and beliefs of
any individual, organization
or entity.
• a concept in ethics that
addresses the ethical issues
and constraints that arise Source: http://bit.ly/2nL1jsx

10 COMMANDMENTS OF COMPUTER ETHICS
1. Thou shalt not use a computer to harm
other people
2. Thou shalt not interfere with other people’s
computer work(e.g. viruses)
3. Thou shalt not snoop around in other
people’s files(i.e. privacy, encryption)
4. Thou shalt not use a computer to steal
5. Thou shalt not use a computer to bear false
witness

10 COMMANDMENTS OF COMPUTER ETHICS
6. Thou shalt not use or copy software for
which you have not paid.
7. Thou shalt not use other people’s computer
resources without authorization
8. Thou shalt not appropriate other people’s
intellectual output(intellectual property)
9. Thou shalt think about the social
consequences of the program you write
10.Thou shalt use a computer in ways that
show consideration and respect

5 LEGAL & ETHICAL ISSUES IN COMPUTING
1. PRIVACY
http://bit.ly/2BdWBXk

2. DIGITAL OWNERSHIP
http://bit.ly/2OKOz02

3. DATA GATHERING
http://bit.ly/2OPNNij

4. SECURITY LIABILITY

5. ACCESS COST
http://bit.ly/2oJsPHh

INFORMATION SECURITY
• basically the practice of preventing unauthorized
access, use, disclosure, disruption, modification,
inspection, recording or destruction of
information• Information Security spans so many research
areas like Cryptography, Mobile Computing,
Cyber Forensics, Online Social Media
• Alan Turing was the one who successfully
decrypted Enigma Machine which was used by
Germans to encrypt warfare data.

PRINCIPLES OF INFORMATION SECURITY
• CIA Triad
• ensure that sensitive
information is only
disclosed to authorized
parties, prevent
unauthorized
modification of data and
guarantee the data can
be accessed by
authorized parties when
requested
CONFIDENTIALITY
AVAILABILITY

• confidentiality, usually
requires the use of
encryption and
encryption keys.
CONFIDENTIALITY
AVAILABILITY

CONFIDENTIALITY
AVAILABILITY
• integrity implies that
when data is read back,
it will be exactly the
same as when it was
written.

CONFIDENTIALITY
AVAILABILITY
• availability seeks to
ensure that new data can
be used in a timely
manner and backup data
can be restored in an
acceptable recovery
time.

PRIVACY
• Privacy is the right to be
left alone and free from
surveillance and
unreasonable personal
intrusions.
• Information privacy is
the right to determine
when and to what
extent information
about oneself can be
http://bit.ly/2VLQjaT

CONSTITUTIONAL PROVISIONS ON PRIVACY
Constitutional Law Chapter V – The Right to Privacy
• Section 3. The privacy of communication and
correspondence shall be inviolable except upon
lawful order of the court, or when public safety or
order requires otherwise as prescribed by law.
• Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any
purpose in any proceeding.

CONSTITUTIONAL PROVISIONS ON PRIVACY
The Right to Privacy
• Privacy is a fundamental human right,
enshrined in numerous international human
rights instruments.
• Activities that restrict the right to privacy,
such as surveillance and censorship, can
only be justified when they are prescribed
by law, necessary to achieve a legitimate
aim, and proportionate to the aim pursued

DATA PRIVACY ACT
• Republic Act No. 10173, also known as the
Data Privacy Act (DPA) of 2012
• DPA’s Implementing Rules and Regulations
was put in effect on September 9, 2016,
thus mandating all companies and
institutions to comply• In 2014, it was estimated that 2.5
quintillion — or 2.5 billion — bytes of data
were created everyday.

REPUBLIC ACT 10173
• protects individuals from
unauthorized processing
of personal information
that is (1) private, not
publicly available;
• (2) identifiable, where
the identity of the
individual is apparent
either through direct
attribution or when put

WHAT DOES THIS ENTAIL?
• First, all personal information must be
collected for reasons that are specified,
legitimate, and reasonable.
• Second, personal information must be
handled properly.
• Third, personal information must be
discarded in a way that does not make it
visible and accessible to unauthorized third
parties.

PENALTY
• with up to six (6)
years in prison or
• up to five million
pesos (PHP
5,000,000)
depending on the
nature and degree of
the violation.

WHO NEEDS TO REGISTER?
• Companies with at least 250 employees or
access to the personal and identifiable
information of of at least 1,000 people

HOW TO REMAIN IN COMPLIANCE OF THE
DATA PRIVACY ACT?
1. Appointing a Data Protection Officer
2. Conducting a privacy impact assessment
3. Creating a privacy knowledge management
program
4. Implementing a privacy and data
protection policy
5. Exercising a breach reporting procedure

32
WHAT IS A CRIME?
Source: https://bit.ly/2IHItLj

CRIME
⬗ “AN ACTION OR OMISSION WHICH CONSTITUTES AN OFFENCE AND IS
PUNISHABLE BY LAW” – OXFORD DICTIONARY
⬗ AN ILLEGAL ACT FOR WHICH SOMEONE CAN BE PUNISHED BY THE
GOVERNMENT; ESPECIALLY : A GROSS VIOLATION OF LAW – MERRIAM
WEBSTER
⬗ “CRIME IS AN ACT THAT NEEDS TO BE CONTROLLED BECAUSE THEY ARE
DESTRUCTIVE TO PUBLIC ORDER” – ATTY. SAMUEL R. MATUNOG
33

34
WHAT IS A COMPUTER
CRIME OR CYBERCRIME?

COMPUTER CRIME
⬗ ALSO REFERS TO “CYBERCRIME”
⬗ DEALS WITH THE BROAD RANGE OF CRIMINAL OFFENSES COMMITTED
USING A COMPUTER OR SIMILAR ELECTRONIC DEVICE
⬗ THESE CRIMES ARE PERPETRATED ONLINE
⬗ INTERNET PROVIDES A DEGREE OF ANONYMITY TO OFFENDERS, AS
WELL AS POTENTIAL ACCESS TO PERSONAL, BUSINESS, AND
GOVERNMENT DATA
35
Source: https://www.hg.org/computer-crime.html#2
Source: Google Images

COMPUTER CRIME
⬗ MANY COMPUTER CRIMES ARE COMMITTED AS A MEANS OF STEALING
MONEY OR VALUABLE INFORMATION
⬗ SOME OF THE MOST NOTORIOUS INCIDENTS OF COMPUTER CRIME
INVOLVED HACKERS SEEKING “BRAGGING RIGHTS” BY OVERCOMING
GOVERNMENT OR CORPORATE CYBER SECURITY MEASURES.
⬗ LAWS CONCERNING COMPUTER CRIMES HAVE BEEN ENACTED AT THE
STATE AND FEDERAL LEVELS.
36

COMPUTER CRIME
⬗ 1986 - CONGRESS PASSED THE COMPUTER FRAUD AND ABUSE ACT
(CFAA)
⬗ ELECTRONIC COMMUNICATIONS PRIVACY ACT (ECPA)
⬗ THE IDENTITY THEFT ENFORCEMENT AND RESTITUTION ACT OF 2008
(ITERA)
⬗ CERTAIN PROVISIONS OF THE USA PATRIOT ACT
37

MAIN TYPES OF CYBERCRIME
⬗ ADVANCED CYBERCRIME OR HIGH-
TECH CRIME
⬗ CYBER-ENABLED CRIME
38
Source: https://www.interpol.int/Crime-areas/Cybercrime/Cybercrime

CYBERCRIMES
⬗ HACKING
⬗ SOFTWARE PIRACY
⬗ CYBER TERRORISM
⬗ IDENTIFY THEFT AND
OTHER FRAUDS
⬗ ONLINE STALKING
39
⬗ Cyber Bullying
⬗ Sex Crimes
⬗ E-mail espionage
⬗ Spams
⬗ Cyber Defamation

40
16 Cybercrimes Covered
Under RA 10175
Source: https://bit.ly/2GuVkvm

1 - ILLEGAL ACCESS
⬗ UNAUTHORIZED ACCESS (WITHOUT RIGHT) TO A
COMPUTER SYSTEM OR APPLICATION.
⬗ PENALTY - PRISION MAYOR (IMPRISONMENT OF SIX
YEARS AND 1 DAY UP TO 12 YEARS) OR A FINE OF
AT LEAST TWO HUNDRED THOUSAND PESOS
(P200,000) UP TO A MAXIMUM AMOUNT
COMMENSURATE TO THE DAMAGE INCURRED OR
BOTH 41
Source: https://bit.ly/2ITocCF

1 - ILLEGAL ACCESS
⬗ IF COMMITTED AGAINST CRITICAL INFRASTRUCTURE:
RECLUSION TEMPORAL (IMPRISONMENT FOR TWELVE YEARS
AND ONE DAY UP TO TWENTY YEARS) OR A FINE OF AT
LEAST FIVE HUNDRED THOUSAND PESOS (P500,000) UP TO
A MAXIMUM AMOUNT COMMENSURATE TO THE DAMAGE
INCURRED OR BOTH
42

2 - ILLEGAL INTERCEPTION
⬗ UNAUTHORIZED INTERCEPTION OF ANY NON-
PUBLIC TRANSMISSION OF COMPUTER DATA TO,
FROM, OR WITHIN A COMPUTER SYSTEM.
⬗ PENALTY – THE SAME WITH ILLEGAL ACCESS
43

3 - DATA INTERFERENCE
⬗ UNAUTHORIZED ALTERATION, DAMAGING, DELETION OR
DETERIORATION OF COMPUTER DATA, ELECTRONIC
DOCUMENT, OR ELECTRONIC DATA MESSAGE, AND
INCLUDING THE INTRODUCTION OR TRANSMISSION OF
VIRUSES.
⬗ AUTHORIZED ACTION CAN ALSO BE COVERED BY THIS
PROVISION IF THE ACTION OF THE PERSON WENT BEYOND
AGREED SCOPE RESULTING TO DAMAGES STATED IN THIS
PROVISION.
⬗ PENALTY – THE SAME WITH ILLEGAL ACCESS 44

4 - SYSTEM INTERFERENCE
⬗ UNAUTHORIZED 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 MESSAGES, AND INCLUDING THE
INTRODUCTION OR TRANSMISSION OF VIRUSES.
45

4 - SYSTEM INTERFERENCE
⬗ AUTHORIZED ACTION CAN ALSO BE COVERED BY
THIS PROVISION IF THE ACTION OF THE PERSON
WENT BEYOND AGREED SCOPE RESULTING TO
DAMAGES STATED IN THIS PROVISION.
⬗ PENALTY – THE SAME WITH ILLEGAL ACCESS
46

5 – MISUSE OF DEVICES
⬗ THE UNAUTHORIZED USE, POSSESSION,
PRODUCTION, SALE, PROCUREMENT,
IMPORTATION, DISTRIBUTION, OR OTHERWISE
MAKING AVAILABLE, OF DEVICES, COMPUTER
PROGRAM DESIGNED OR ADAPTED FOR THE
PURPOSE OF COMMITTING ANY OF THE OFFENSES
STATED IN REPUBLIC ACT 10175.
47

5 – MISUSE OF DEVICES
⬗ UNAUTHORIZED USE OF COMPUTER PASSWORD, ACCESS
CODE, OR SIMILAR DATA BY WHICH THE WHOLE OR ANY
PART OF A COMPUTER SYSTEM IS CAPABLE OF BEING
ACCESSED WITH INTENT THAT IT BE USED FOR THE PURPOSE
OF COMMITTING ANY OF THE OFFENSES UNDER REPUBLIC
ACT 10175.
⬗ PENALTY - SAME AS ILLEGAL ACCESS EXCEPT FINE SHOULD
BE NO MORE THAN FIVE HUNDRED THOUSAND PESOS
(P500,000)
48

6 – CYBER-SQUATTING
⬗ ACQUISITION OF DOMAIN NAME OVER THE
INTERNET IN BAD FAITH TO PROFIT, MISLEAD,
DESTROY REPUTATION, AND DEPRIVE OTHERS
FROM THE REGISTERING THE SAME.
⬗ THIS INCLUDES THOSE EXISTING TRADEMARK AT
THE TIME OF REGISTRATION; NAMES OF PERSONS
OTHER THAN THE REGISTRANT; AND ACQUIRED
WITH INTELLECTUAL PROPERTY INTERESTS IN IT. 49

6 – CYBER-SQUATTING
⬗ THOSE WHO GET DOMAIN NAMES OF PROMINENT
BRANDS AND INDIVIDUALS WHICH IN TURN IS USED
TO DAMAGE THEIR REPUTATION – CAN BE SUED
UNDER THIS PROVISION.
⬗ PENALTY – THE SAME WITH MISUSE OF DEVICES
50

7 – COMPUTER RELATED FORGERY
⬗ UNAUTHORIZED INPUT, ALTERATION, OR DELETION OF
COMPUTER DATA RESULTING TO INAUTHENTIC DATA WITH
THE INTENT THAT IT BE CONSIDERED OR ACTED UPON FOR
LEGAL PURPOSES AS IF IT WERE AUTHENTIC, REGARDLESS
WHETHER OR NOT THE DATA IS DIRECTLY READABLE AND
INTELLIGIBLE;
⬗ THE ACT OF KNOWINGLY USING COMPUTER DATA WHICH IS
THE PRODUCT OF COMPUTER-RELATED FORGERY AS
DEFINED HERE, FOR THE PURPOSE OF PERPETUATING A
FRAUDULENT OR DISHONEST DESIGN.
51

7 – COMPUTER RELATED FORGERY
⬗ PENALTY - PRISON MAYOR (IMPRISONMENT OF SIX
(P200,000) UP TO A MAXIMUM AMOUNT
COMMENSURATE TO THE DAMAGE INCURRED OR
BOTH.
52

8 – COMPUTER RELATED FRAUD
⬗ UNAUTHORIZED INPUT, ALTERATION, OR DELETION OF
COMPUTER DATA OR PROGRAM OR INTERFERENCE IN THE
FUNCTIONING OF A COMPUTER SYSTEM, CAUSING DAMAGE
THEREBY WITH FRAUDULENT INTENT.
⬗ PENALTY - SAME AS COMPUTER RELATED FORGERY, THAT IF
NO DAMAGE HAS YET BEEN CAUSED, THE PENALTY IMPOSED
SHALL BE ONE (1) DEGREE LOWER.
53

9 – COMPUTER RELATED IDENTIFY
THEFT
⬗ UNAUTHORIZED ACQUISITION, USE, MISUSE, TRANSFER,
POSSESSION, ALTERATION OR DELETION OF IDENTIFYING
INFORMATION BELONGING TO ANOTHER, WHETHER
NATURAL OR JURIDICAL.
⬗ PENALTY – SAME AS COMPUTER RELATED FRAUD
54
Source: https://bit.ly/2ITocCF Source: Google Images

10 - CYBERSEX
⬗ WILLFUL ENGAGEMENT, MAINTENANCE, CONTROL, OR
OPERATION, DIRECTLY OR INDIRECTLY, OF ANY LASCIVIOUS
EXHIBITION OF SEXUAL ORGANS OR SEXUAL ACTIVITY, WITH
THE AID OF A COMPUTER SYSTEM, FOR FAVOR OR
CONSIDERATION.
⬗ “COUPLES” OR “PEOPLE IN RELATIONSHIP” WHO ENGAGE IN
CYBERSEX WILL NOT BE COVERED UNLESS IF ONE PARTY
CLAIMS TO BE FORCED TO DO CYBERSEX
55

10 - CYBERSEX
⬗ PENALTY - PRISON MAYOR (IMPRISONMENT OF SIX
(P200,000) BUT NOT EXCEEDING ONE MILLION
PESOS (P1,000,000) OR BOTH.
56

11 – CHILD PORNOGRAPHY
⬗ UNLAWFUL OR PROHIBITED ACTS DEFINED AND PUNISHABLE
BY REPUBLIC ACT NO. 9775 OR THE ANTI-CHILD
PORNOGRAPHY ACT OF 2009, COMMITTED THROUGH A
COMPUTER SYSTEM.
⬗ PENALTY TO BE IMPOSED SHALL BE ONE (1) DEGREE HIGHER
THAN THAT PROVIDED FOR IN REPUBLIC ACT 9775, IF
COMMITTED THROUGH A COMPUTER SYSTEM.
57

12 - LIBEL
⬗ UNLAWFUL OR PROHIBITED ACTS OF LIBEL AS DEFINED IN
ARTICLE 355 OF THE REVISED PENAL CODE, AS AMENDED
COMMITTED THROUGH A COMPUTER SYSTEM OR ANY
OTHER SIMILAR MEANS WHICH MAY BE DEVISED IN THE
FUTURE
THAN THAT PROVIDED FOR BY THE REVISED PENAL CODE,
AS AMENDED, AND SPECIAL LAWS, AS THE CASE MAY BE.
58

13 – AIDING OR ABETTING IN THE COMMISSION OF
CYBERCRIME
⬗ ANY PERSON WHO WILLFULLY ABETS OR AIDS IN THE
COMMISSION OF ANY OF THE OFFENSES ENUMERATED IN
THIS ACT SHALL BE HELD LIABLE.
⬗ PENALTY - IMPRISONMENT OF ONE (1) DEGREE LOWER
THAN THAT OF THE PRESCRIBED PENALTY FOR THE
OFFENSE OR A FINE OF AT LEAST ONE HUNDRED THOUSAND
PESOS (P100,000) BUT NOT EXCEEDING FIVE HUNDRED
THOUSAND PESOS (P500,000) OR BOTH.
59

14 – ATTEMPT IN THE COMMISSION OF
CYBERCRIME
⬗ ANY PERSON WHO WILLFULLY ATTEMPTS TO
COMMIT ANY OF THE OFFENSES ENUMERATED IN
THIS ACT SHALL BE HELD LIABLE.
⬗ PENALTY – SAME AS AIDING OR ABETTING IN THE
COMMISSION OF CYBERCRIME
60

15 – RA 10175 SECTION 6
⬗ ALL CRIMES DEFINED AND PENALIZED BY THE REVISED
PENAL CODE, AS AMENDED, AND SPECIAL LAWS, IF
COMMITTED BY, THROUGH AND WITH THE USE OF
INFORMATION AND COMMUNICATIONS TECHNOLOGIES
SHALL BE COVERED BY THE RELEVANT PROVISIONS OF THIS
ACT.
THAN THAT PROVIDED FOR BY THE REVISED PENAL CODE,
AS AMENDED, AND SPECIAL LAWS, AS THE CASE MAY BE.
61

16 – CORPORATE LIABILITY
⬗ WHEN ANY OF THE PUNISHABLE ACTS HEREIN DEFINED ARE
KNOWINGLY COMMITTED ON BEHALF OF OR FOR THE
BENEFIT OF A JURIDICAL PERSON, BY A NATURAL PERSON
ACTING EITHER INDIVIDUALLY OR AS PART OF AN ORGAN
OF THE JURIDICAL PERSON, WHO HAS A LEADING POSITION
WITHIN
◇ (A) A POWER OF REPRESENTATION OF THE JURIDICAL PERSON
PROVIDED THE ACT COMMITTED FALLS WITHIN THE SCOPE OF
SUCH AUTHORITY;
62
Source: Google Image

◇ (B) AN AUTHORITY TO TAKE DECISIONS ON
BEHALF OF THE JURIDICAL PERSON. PROVIDED,
THAT THE ACT COMMITTED FALLS WITHIN THE
SCOPE OF SUCH AUTHORITY;
◇ (C) AN AUTHORITY TO EXERCISE CONTROL
WITHIN THE JURIDICAL PERSON
63

⬗ FOR SANCTIONED ACTIONS, JURIDICAL PERSON SHALL BE HELD LIABLE
FOR A FINE EQUIVALENT TO AT LEAST DOUBLE THE FINES IMPOSABLE IN
SECTION 7 UP TO A MAXIMUM OF TEN MILLION PESOS (P10,000,000).
⬗ FOR NEGLECT SUCH AS MISUSE OF COMPUTER RESOURCES THAT
RESULTED TO CYBERCRIME COMMITTED IN ORGANIZATION PHYSICAL
OR VIRTUAL PREMISES OR RESOURCES, JURIDICAL PERSON SHALL BE
HELD LIABLE FOR A FINE EQUIVALENT TO AT LEAST DOUBLE THE FINES
IMPOSABLE IN SECTION 7 UP TO A MAXIMUM OF FIVE MILLION PESOS
(P5,000,000).
⬗ CRIMINAL LIABILITY MAY STILL APPLY TO THE NATURAL PERSON.
64

The Intellectual Property (RA 8293)
 With regard to legal aspects of computing, the
intellectual property code contains the most
important provisions concerning ICT professionals
including computer and electronic engineers.
 Other laws which govern the use of technology such
as
◦ E-Commerce Law
◦ Access Devices Regulation Act
◦ Cybercrime Law
65

Parts of the law
The Intellectual Property Code of the
Philippines is divided into five [5] parts, to
wit:
 The Intellectual Property Office
 The Law on Patents
 The Law on Trademarks, Service
Marks and Trade Names
 The Law on Copyright
 Final Provisions
66

Republic Act 8293
 Otherwise known as the Intellectual Property Code
of the Philippines, the term “intellectual property
rights” consists of
◦ Copyright and related rights
◦ Trademarks and Service Marks
◦ Geographic Indications
◦ Industrial Designs
◦ Patents
◦ Layout-designs and
◦ Protection of Undisclosed Information.
67

State Policy Regarding
Intellectual Property
 Section 2 RA 8293 provides:
 The state recognizes that an effective
intellectual and industrial property
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.
68

Scenario
 Suppose Engr. Sean T. Abako designed a car with a
mechanical engine capable of running without a
gasoline. Instead, it uses specialized water
formulated by Engr. Sean.
 Now Sean has two (2) option, thus;
◦ First, he may keep his invention formula secret.
◦ Second, if Sean won’t register, he cannot maximize profit
from his invention.
 NO PATENT, NO PROTECTION
69

Sec. 29. First to File Rule
 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, or where two or more
applications are filed for the same invention, to the
applicant who has the earliest filing date or, the
earliest priority date.
70

WHAT IS THE TERM OF
PROTECTION OF PATENT?
 A patent has a term of protection
of twenty (20) years providing an
inventor significant commercial
gain. In return, the patent owner
must share the full description of
the invention.
71

Most Common Intellectual Property
 Trademark,
 Copyright and
 Patents are the most
intellectual property rights.
72

Most Common Intellectual
Property
 A Trademark is any visible sign
capable of distinguishing the
goods or services of an enterprise
and shall include a stamped or
marked container of goods
73

Trademark Cont.,
 Shapes
 Color
 Logo
 Sound
74

Most Common
 Copyright is confined to literary
and artistic works which are
original intellectual creations in
the literary and artistic domain
protected from the moment of
their creation.
75

Copyrights (continued)
 Types of work that can be copyrighted
◦ Architecture
◦ Art
◦ Audiovisual works
◦ Choreography
◦ Drama
◦ Graphics
◦ Literature
◦ Motion pictures
76

Copyrights (continued)
 Types of work that can be
copyrighted
◦ Music
◦ Pantomimes
◦ Pictures
◦ Sculptures
◦ Sound recordings
77

Copyright Infringement
◦Copy substantial and
material part of another’s
copyrighted work
◦Without permission
78

WHAT IS THE TERM OF
PROTECTION OF
COPYRIGHT?
 In general, the term of protection
of copyright for original and
derivative works is the life of the
author plus fifty (50) years after
his death. The Code specifies the
terms of protection for the
different types of works.
79

Most Common
 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.
80

PATENTABLE INVENTIONS
• A Technical Solution to a Problem
• In any field of human activity
• It must be NEW
• It must involve an INVENTIVE STEP
• It must be INDUSTRIALLY APPLICABLE
81

Patent Infringement
◦the violation of the rights
secured by the owner of a
patent, occurs when
someone makes
unauthorized use of
another’s patent
82

Non-Patentable Inventions
 Discovery
• Scientific theory
• Mathematical methods
• Scheme, rule and method of
• performing mental act
• playing games
• doing business
• program for computer
• Method for treatment – human or animal body by
surgery or therapy & diagnostic method
• Plant variety or animal breed or essentially
biological processes for the production of plants and
animals
• Aesthetic creation
• Contrary to public order or morality (Sec. 22, IP
83

Are Computer Programs
Patentable?
84

Section 172. Literary and Artistic Works
 (a) Books, pamphlets, articles and other writings
 (b) Periodicals and newspapers
 (c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not
reduced in writing or other material form
 (d) Letters
 (e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb
shows
 (f) Musical compositions, with or without words
 (g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other work of
art; models or designs for works of art
 (h) Original ornamental designs or models for articles of manufacture, whether or not registrable
as an industrial design, and other works of applied art
 (i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to
geography, topography, architecture or science
 (j) Drawings or plastic works of a scientific or technical character
 (k) Photographic works including works produced by a process analogous to photography;
lantern slides
 (l) Audiovisual works and cinematographic works and works produced by a process analogous
to cinematography or any process for making audio-visual recordings
 (m) Pictorial illustrations and advertisements
 (n) Computer programs
 (o) Other literary, scholarly, scientific and artistic works. 85

Decompilation
 Is the reproduction of the code and
translation of the forms of the computer
program to achieve their inter-
operability of an independently created
computer program with other programs
may also constitute fair use.
 Decompilation is an example of a Fair
Use of Copyright Work which means
doing so will not constitute copyright
infringement.
87

What Factors are to be Considered in
Determining Fair Use of Copyrighted Material?
 Section 185, RA 8293, established four factors
that courts should consider when deciding
whether a particular use of copyrighted property
is fair and can be allowed without penalty:
◦ The purpose and character of the use (such as
commercial use or non profit, educational
purposes)
◦ The nature of the copyrighted work
◦ The portion of the copyrighted work used in
relation to the work as a whole
◦ The effect of the use on the value of the
copyrighted work 88

Key Intellectual Property
Issues
 Issues that apply to intellectual
property and information technology
◦ Plagiarism
◦ Reverse engineering
◦ Open source code
◦ Competitive intelligence
◦ Cybersquatting
89

Plagiarism
 Theft and passing off of
someone’s ideas or words
as one’s own
 Many students
◦ Do not understand what
constitutes plagiarism
◦ Believe that all electronic
content is in the public
domain
90

Tito Sotto and his privilege speech about plagiarism issue
August 29th, 2012
 On Wednesday, during his privilege speech, Senator Tito Sotto III fired back to people
who bashed him and claimed he was a victim of cyber bullying.
 Ako na po yata ang kauna-unahang opisyal na naging biktima ng cyberbullying. Buti na
lang mayroon na tayong batas na tinatalakay diyan.
 He said that he never claimed that he owned the research he used, he only use the
research done by Dr. Natasha Campbell McBride.
 He also slashed those people who called him comedian, clown, and many more. He said
his life is an open book.
 Yung mga naninira po sa akin, sa blog, sa Twitter, sa Facebook, sa dyaryo, kilala niyo ba
sila? Sa katunayan, may mga account pang fake e. Pati po yung mga naninira sa dyaryo,
ang papel e sobra pong dudunong. Alam ba natin kung sino sila? Matino ba sila? Mabait
ba sila? Lasenggo ba sila? Nananakit ba sila ng asawa? Hindi natin alam pero ang
gagaling nilang manira. Ang panlaban ko po dun, ang kababayan natin kilala ako e.
 He also recalled that Eat Bulaga… help millions and asked the bullies about the people
they helped.
 He also reiterated that here in the Philippines plagiarism is not a crime.
 There is no crime of plagiarism in the Philippines. Kahit na hanapin niyo sa
Revised Penal Code, Intellectual Property Code o sa Special Penal Laws, wala
kayong makikitang krimen na plagiarism. Pinakamalapit na maaaring pag-isipan
siguro ay copyright infringement na hindi naman tatayo, ayon sa mga abugado,
dahil wala naman paglabag sa mga copyright o economic rights na nakasaad sa
section 177 ng Intellectual Property Code.
91

Reverse Engineering /
Industrial Design
 Process of taking something apart in
order to
◦ Understand it
◦ Build a copy of it
◦ Improve it
 Applied to computer
◦ Hardware
◦ Software
 Convert a program code to a higher
92

Open Source Code
 Program source code made
available for use or modification
◦ As users or other developers see
fit
 Basic premise
◦ Software improves
◦ Can be adapted to meet new
needs
◦ Bugs rapidly identified and fixed
93

REFERENCES
• https://www.bgsu.edu/content/dam/BGSU/libraries/documents/computer-ethics.pdf
• https://www.techopedia.com/definition/5499/computer-ethics
• https://www.bestcomputersciencedegrees.com/lists/5-legal-and-ethical-issues-in-it/

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