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• Patent Law Three-fold Purpose

  • Patent law seeks to foster and reward inventions

  • Promotes disclosure of inventions to stimulate further innovation and to permit the public to practice the invention once the patent expires

  • The stringent requirements for patent protection seek to ensure that ideas in the public domain remain there for the free use of the public

• Most Common Intellectual Property

  • Trademark

    • Any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise shall include a stamped or marked container of goods.

  • 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.

  • Patentable

    • Inventions refer to any technical solutions to a problem in any field of human activity that is new, involves an inventive step, and is industrially applicable

Non-Patentable Inventions

Sec 22. Non-Patentable Inventions. -The following shall be excluded from patent protection (simplified): 

22.1. Discoveries and Theories: Basic discoveries and scientific theories.

22.2. Mental Acts and Computer Programs: Schemes, rules, and methods of thinking, playing games, doing business, and computer programs.

22.3. Medical Methods: Methods of treating or diagnosing humans or animals. However, products or compositions used in these methods can be patented.

22.4. Plants, Animals, and Biological Processes: Plant varieties, animal breeds, and essentially biological processes for producing them. Microorganisms and non-biological processes are patentable.

22.5. Aesthetic Creations: Designs and appearances.

22.6. Immoral Inventions: Anything that goes against public order or morality. (Sec. 8, R.A. No. 165a)

How do Programmers Protect their Programs?

Sec 172. Literary and Artistic Works.

(simplified): 

172.1. Original creative works in the literary and artistic domain are protected, including:

1. Written Works: Books, articles, letters, etc.

2. Performed Works: Lectures, plays, musical compositions, dances, etc.

3. Visual Arts: Paintings, sculptures, drawings, photographs, etc.

4. Architectural Works: Designs for buildings and structures.

5. Applied Arts: Ornamental designs for manufactured goods.

6. Scientific and Technical Works: Maps, diagrams, computer programs, etc.

• Definition of Copyright

  • Author’s legal ownership of his or her original intellectual creations in literary and artistic domains.

  • Exclusive rights to carry out, authorize, or prevent the following:

    • Reproduction: Copying the work or parts of it.

    • Adaptation: Modifying the work into a different form (e.g., translating, adapting, or arranging it).

    • Distribution: Selling or transferring ownership of the work.

    • Rental Rights: Renting out copies of certain types of works.

    • Public Display: Showing the work to the public.

    • Public Performance: Performing the work publicly.

    • Public Communication: Communicating the work to the public (e.g., broadcasting or streaming).

Ownership of Copyright

Sec 178. Rules on Copyright Ownership. - Copyright ownership shall be governed by the following rules:

(simplified): 

178.1. Author's Copyright: The author of an original literary or artistic work is the initial owner of the copyright.

178.2. Joint Authorship: In joint authorship, both authors own the copyright, and their rights are governed by co-ownership rules unless there's a specific agreement.

178.3. Works Created During Employment: The copyright for works created during employment belongs to the employer, unless there's a specific agreement to the contrary.

1. The Employee, if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities, and materials of the employee.

2. The Employer, if the work is the result of the performance of his regularly assigned duties, unless there is an agreement, express or implied, to the contrary.

• What is the duration of copyright protection?

  • In the Philippines, copyright protection for artistic, literary, and derivative works lasts during the lifetime of the author plus 50 years after the author’s death

  • This term of protection also applies to posthumous works.

  • In the case of joint authorship, the economic rights shall be protected during the lifetime of the last surviving author plus 50 years after such author’s death.

• Measuring Fair Use: The Four Factors

  • The purpose and character of your use

  • The nature of the copyrighted work

  • The amount and substantiality of the portion taken. And

  • The effect of the use upon the potential market.

• Limitations on Copyright

  • Private and Charitable Performances: Reciting or performing a work privately or for charity is allowed.

  • Fair Use Quotations: Quoting from published works is allowed if it's fair and the source is cited.

  • News Reporting: Reproducing and broadcasting works as part of news reporting is permitted.

  • Educational Use: Reproducing and communicating works for teaching purposes is allowed, as long as it's fair use and the source is cited.

  • Educational Recordings: Recording broadcasts for educational purposes is allowed, but there are some limitations on films.

  • Broadcasting Organization Recordings: Broadcasting organizations can make temporary recordings for their broadcasts. 

  • Government, Libraries, and Institutions: Government, libraries, and educational institutions can use works in the public interest, as long as it's fair use.

  • Non-Profit Performances: Non-profit clubs and institutions can perform or communicate works publicly without charging admission fees, as long as it's for charitable or educational purposes. 

  • Public Display of Original or Copy: Publicly displaying an original or copy of a work is allowed if the work has been published or if the original or copy was transferred to another person.

  • Judicial and Legal Use: Using a work for legal proceedings or professional legal advice is permitted.

• Copyright Infringement

  • Substantial Taking: If a significant portion of a work is copied, it can be considered copyright infringement, even if not an exact copy.

  • Fair Use Quotations: Short excerpts from published works can be used if it's fair and the source is cited.

• Plagiarism

  • Plagiarism is the act of taking someone else's work or ideas and claiming them as one's own, without proper acknowledgment.

  • Plagiarism can be intentional or unintentional.

  • Intentional plagiarism is a serious academic offense.

  • While plagiarism is a significant issue in academia, it's not explicitly defined in intellectual property law.

  • Punishment for plagiarism is typically based on contractual agreements or public condemnation.

• Copyright Infringement and Plagiarism

  • Legal vs. Ethical: Copyright infringement is a legal issue, while plagiarism is primarily an ethical issue.

  • Intent: In copyright infringement, the perpetrator doesn't claim ownership but exploits the work for profit. In plagiarism, the perpetrator claims the work as their own.

  • Overlap: If a plagiarized work is also reproduced, it can constitute both plagiarism and copyright infringement.

  • Legal Penalties: Copyright infringement carries specific legal penalties, including potential imprisonment.

  • Ethical Penalties: Plagiarism, while not a direct legal offense, can lead to academic or professional consequences, such as expulsion or termination.

• The Author and the Financer of His Work

  • Registering intellectual property protects creators' rights over their work, giving them exclusive control. However, the government is not obligated to fund inventors' work.

• Nature of contract between the Author and the Financer of his Work

  • When an author signs a publishing contract, they grant the publisher exclusive rights to produce and sell their work. In exchange, the author receives royalties, typically a percentage of the book's sales.

• Utility Mode

  • Utility models are a type of intellectual property protection that's similar to patents but offers shorter-term protection for less complex inventions. They're often used for minor improvements or adaptations to existing products, especially those with a short market life.

• Research Publication or
  Presentation Code Of Ethics

  • Multiple Submission

  • Duplicate Publication

  • Piecemeal Publication

  • Authorship

  • Copyright

  • Conference Presentation

  • Ethical Conduct and Institutional Review Compliance

Chapter 5: The Blogger’s Freedom of Expression and the Cyber Libel Law

What is Blogging?

• The word blog is a shortened form of its original name, “weblog.”

• These weblogs allowed early internet users to “log” the details of their day in diary-style entries.

• Blogging 

• Writing, photography, and other self-published media.

• Blog

• maintained by an individual with regular entries of commentary, description of events, or other materials such as graphics or video.

Introduction

• Defamation

  • Area of law that provides a civil remedy when someone’s words end up causing harm to your reputation or your livelihood

• Libel

  • A written or published defamatory statement,

• Slander

  • is defamation that is spoken by the defendant

Libel

Slander

• Tangible in form

• Print, writing, or pictures

• Examples: 

  • Magazine

  • Internet

  • Blog

  • Article

• Intangible in form

• Spoken words or gestures

• Examples: 

  • Speech

  • News broadcast

R.A. 10175 - Cybercrime Prevention Act of 2012

Sec. 4(C) Libel. The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, are committed through a computer system or any other similar means which may be devised in the future.

If you use a computer or any other new technology to spread false information that harms someone's reputation, you can be punished by law.

Philippine Constitution

Article III Sec 4 of the 1987 

“No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

The government can't stop you from thinking, talking, writing, or protesting peacefully.

Scrope of Freedom of Expression

• According to Justice Isagani Cruz

• “The ideas that may be expressed under the freedom are NOT confined only to those that are sympathetic or acceptable to the majority.”

• According to Voltaire

• “I may NOT agree with what you say, but I will defend to the death your right to say it”

Article III, Section 18

“No person shall be detained solely because of his political beliefs and aspirations.”

• Rule:

• Freedom to believe is absolute, but freedom to act by such political beliefs is limited.

• Rationale of the rule: 

• Every person has their conscience, and this conscience, whether that of a rich or poor man, or that of the weak or mighty, should not be retrained except when it is translated into action that directly transgressed the law.
  
  

You can think freely, but you can't act illegally based on those thoughts.

Elements of Freedom of Expression

• Freedom from Prior Restraint or Censorship

• Prior restraint means official governmental restrictions on the press or other forms of expression in advance of actual publication dissemination

• Freedom from Punishment

• The freedom from prior restraint would be set if the citizen would hesitate to speak for fear of vengeance that he might suffer against the officials he criticized

Two Philosophical bases for the guarantee of the Right of Freedom of Expression

• Discovery of truth (free market of an idea)

• It is the marketplace of ideas which suggests the power of thought can be tested by its acceptability in the competition of the market

• For Self-Government

• Since it is the people who have chosen directly or indirectly the person who will govern them, the scope of the guarantee is broader when people criticize a public official

Limitation of the Guarantee

While the Philippine Constitution protects people’s right to free speech and expression, this does not give them free license to write to the detriment of others.

While you have the right to say what you want, you can't use that right to hurt others.

Libel as Unprotected Speech

• A private person is entitled to the protection of his reputation and the stupidity or immorality of his acts affects only his private life is not of vital concern to everyone.

• But when a person becomes a public figure either as an occupant or aspirant to a public office, the wisdom or stupidity of his action and the absence of abundance of his mental and moral qualifications for office, are of vital concern to the public. (Fr. Joaquin Bernas, 2003)

If you're a regular person, your private life is your own business. But if you're a public figure, like a politician, people have a right to know about your character and abilities, because they affect how you do your job.

R.A. 10175 - Cybercrime Prevention Act of 2012

The Revised Penal Code of the Philippines

Title Thirteen: Crimes Against Honor/Libel

Art. 353. Definition of Libel - A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Libel is when someone publicly says or writes something false about another person that could damage their reputation. This could include saying they committed a crime, have a bad character, or are not fit for a certain job.

Art. 353. Requirement for publicity - Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases: (simplified)

1. If you say something bad about someone privately and have a good reason, it's not libel.

2. If you report on something that happened in a public setting, like a court case or a government meeting, and you're honest and accurate, you won't be punished for libel, even if what you report is negative.

Libel is saying something false and harmful about someone publicly. However, if you say something negative privately and have a good reason, or if you accurately report on a public event, it's not libel.

Art. 355. Libel means by writings or similar means -(simplified) If you use writing, printing, radio, TV, or other media to spread false information that harms someone's reputation, you could be fined or imprisoned. You could also be sued by the person you harmed.

 You can be sued for any public form of false information that can harm a reputation.

Reason for Punishing Defamation 

“A good name is more desirable than great riches; to be esteemed is better than silver or gold.” - Proverbs 22:1

Elements of Defamation 

1. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance.

2. The imputation must be made publicly.

3. It must be malicious.

4. The imputation must be directed to a natural or judicial person or one who is dead. Here the identity of the offended party must be clearly identified.

5. The imputation must tend to cause the dishonor, discredit, or contempt of the person defamed.

6. It must be in writing (for cyber libel; writing must be done through a computer system or any other similar means which may be devised in the future).

Interpreting Libelous Statement

Personal hurt, embarrassment, or offense even if true, is not however automatically equivalent to defamation. This is the prevailing legal doctrine.

Immunity from Libel

• Absolutely Privilege 

  • Some statements are so important that even if they're mean or untrue, you can't be sued for them. This is called absolute privilege. It protects things like statements made in court or during a government meeting. No matter how bad the statement is, you can't be punished for it.

• Qualified Privilege 

  • Qualified privilege is when you say something negative about someone, but you have a good reason and you believe it's true. This could be because you're a parent warning your child, or a boss giving feedback to an employee. As long as you're honest and have a good reason to say it, you won't be punished for libel.

Cyber Libel and Libel are distinguished as follows

1. As to the manner of commission

2. As to the venue of filing the complaint

3. As the penalty imposed

Law Defining Cyber Libel

(R.A. 10175 - Art. 355. 

Libel means by writings or similar means.)

Malice: You can be held liable for libel if you knowingly spread false information about someone or if you don't care whether it's true or not. (Yuchengco vc. The Manila Chronicle Publishing Corporation, G.R. No. 184315, 25 November 2009)

Identifiability: Even if someone's name isn't mentioned, if people can figure out who you're talking about, you can still be held liable for libel. (Philippine Journalists’ vs Theonen, G.R. No. 143372, 13 December 2005)

Balancing Freedom of Speech and Reputation: While freedom of speech is important, it's not absolute. You can't spread false information that harms someone's reputation, even if you think it's true. (Erwin Tulfo vs. People of the Philippines and Atty. Carlos T. So, G.R. No. 161032, 16 September 2008.)

R.A. 10175 - Art. 360 of the Revised Penal Code
is hereby amended to read as follows:

Art. 360. Persons responsible. - (simplified)

• Publisher's Liability: 

  • The person who publishes or shares defamatory content is responsible.

• Editor's Liability: 

  • Editors of books, newspapers, magazines, etc., are responsible for defamatory content in their publications.

• Jurisdiction: 

  • Legal cases for libel can be filed in the court where the accused or the victim lives.

END OF CHAPTER 5