Intellectual Property Law in Nursing Informatics

A set of flashcards summarizing key concepts from the lecture on Intellectual Property Law in Nursing Informatics.

What is intellectual property?

Laws to protect and enforce rights of the creators and owner of inventions, writings, music, design, and other works.

What is the purpose of the intellectual property system?

To foster an environment in which creativity and innovation can flourish.

What are the two categories of intellectual property?

1. Industrial Property 2. Copyright.

What does industrial property include?

Patents for inventions, trademarks, industrial designs, and geographical indications.

What does copyright protect?

Literary works such as novels, poems, and plays.

What do intellectual property rights aim to provide?

Benefits to the creator's work or investment in a creation.

What is Republic Act 8293?

The Intellectual Property Code of the Philippines, signed into law on June 6, 1997.

What is counterfeiting in the context of intellectual property crime?

The crime of distributing and selling goods that falsely carry the trademark of a genuine brand without permission.

What is piracy under copyright law?

Unauthorized copying, use, reproduction, and distribution of materials.

What are patents?

Legal protections for inventions, which can be products, processes, or improvements.

What rights do patents grant to inventors?

Exclusive rights to make, use, sell, and import their inventions for a limited time.

What do trademarks protect?

Brand logos, slogans, and other distinctive identifiers for goods or services.

What rights do copyrights grant to authors?

Rights to reproduce, distribute, display, and perform the protected work.

What are trade secrets?

Confidential information that gives a business a competitive advantage.

How long is copyright protection in the Philippines?

Lifetime of the author plus 50 years after the author's death.

What is copyright infringement?

Copying, distributing, reproducing, performing, or displaying works without the creator’s consent.

What are the penalties for the first offense of copyright infringement?

Imprisonment of 1-3 years and a fine of 50-150 thousand.

What distinguishes copyright from plagiarism?

Copyright is illegal use of work without permission; plagiarism is unethical use without credit but may be legal.

What is nursing informatics?

A field that covers software, databases, research, and innovations in nursing.

Who can apply for copyright registration?

Assignees or successors-in-interest have the right to apply.

What is the duration of copyright protection for joint authorship?

Lifetime of the last surviving author plus 50 years.

What type of data must be kept confidential in nursing informatics?

Protected Health Information (PHI) includes identifiable patient info.

What is informed consent in the context of personal privacy?

Patients must agree to how their data is used.

What is data de-identification?

The process of removing personal identifiers from public health data.

What does the law say about the use of copyrighted material?

General rule states you must get permission to use someone else's copyrighted work.

What are aspects of personal privacy in healthcare?

Confidentiality, informed consent, and security.

What is an example of a protected work in nursing informatics?

Research paper or e-book on nursing informatics.

What are original works protected under copyright law?

Creative works in a fixed form, including books and articles.

What type of advantage do trade secrets provide a business?

A competitive advantage.

Why is the protection of intellectual property important?

It enables creators to earn recognition or financial benefits from their inventions.

What are the economic consequences of counterfeiting?

Loss to genuine brands and potential harm to consumers.

What is the aim of copyright law?

To promote activity in literature and the arts by affording authors lengthy protection.

In what fields is intellectual property relevant?

Inventions, arts, literature, and innovations, including nursing informatics.

What example of intellectual property might involve a new healthcare algorithm?

A patent for a new invention.

What do nursing manuals benefit from in terms of intellectual property?

Long-term copyright protection.

What kind of works are considered copyrightable?

Books, pamphlets, articles, and any form of writing.

What are the rights of the copyright owner?

Rights to distribute, reproduce, adapt, reform, and publicly display their work.

How is public health data usually treated in terms of privacy?

It is anonymized for research or policy use but requires careful handling.

What must researchers ensure when using publicly accessible data?

Data must be handled carefully to avoid revealing sensitive information.

What can copyright violations result in for individuals?

Court cases, fines, and potential jail time.

What is a key factor in maintaining trust with patients regarding their health data?

Protecting personal health information.

What is the significance of the slogan 'Just do it’ in terms of intellectual property?

It is a trademarked slogan that identifies Nike's products.

What can happen if an individual commits copyright infringement for a second time?

Imprisonment of 3 years and 1 day to 6 years, and fines of 150-500 thousand.