POLICIES,

GUIDELINES AND
LAWS IN
NURSING
INFORMATICS
UNIT IV
INTELLECTUAL
PROPERTY LAW
 AN ACT PRESCRIBING THE
REPUBLIC INTELLECTUAL PROPERTY
ACT NO. 8293 CODE AND ESTABLISHING THE
INTELLECTUAL PROPERTY
June 6, 1997 OFFICE, PROVIDING FOR ITS
POWERS AND FUNCTIONS,
AND FOR OTHER PURPOSES
 refers to anything created by
someone, including but not
limited to inventions, literary
works, items created by artists
Intellectual
property
(e.g. artwork and musical
pieces), symbols, designs,
images, pictures, and even
names that are used for
commercial purposes.
 All these creations are
protected by the law,
Intellectual
ensuring that the people
property behind it are given due
recognition or remuneration
for their effort.
 Patent
CATEGORIES: Trademark
Copyright
  the exclusive
 The inventor or
rights to a product
creator with the
or process, as well
patent has the
as its
right to choose as
improvements—
to who can use,
PATENT granted that the
product or
sell, or even make
something similar
process offers
during its 2-year
something new
validity period.
and useful.
  examples of inventions  The basic
or creations that can
be filed as patents requirements for a
include: creation to be
 new and useful patentable:
machines  The creation
 products and processes
PATENT (non-biological and
microbiological in
would have a
novel idea,
nature)
 improvements of inventive, and
machines, products and can be applied
processes
 microorganisms
in an industrial
setting.
Application
Process
Fill out Request Form

Submit description/drawings of
invention

Publication in IPO Gazette

Payment of filling fee (P1,800 and

P3,600)
Patent of
Clothing Clip
Patent of a
Chair
Patent of a
Hamburger
  FORMS:
 a word
 a tool used to  a group of words
differentiate  sign, logo, or
TRADEMARK services and symbol.
goods from one  It could even be a
another. combination of
those above.
  helps consumers  the owner of the
identify your trademark have
brand among the exclusive rights to
many others in make use of the
mark.
the market.
TRADEMARK  no one else can use
 To protect your
the same or even a
business’ similar mark for
trademark, it is the products or
advisable to have services of a similar
it registered. nature.
MacJoy Fastfood
Corp. is a corporation
in the sale of fastfood
based in Cebu filed
with IPO for the
registration of their
name.
McDonald's claims that
their logo and use of
their name would falsely
tend to suggest a
connection with
MacJoy's services and
food products
 both marks are
confusingly similar
with each other such
that an ordinary
purchaser can
conclude an
association or relation
between the marks
The predominant
features such as the "M,"
"Mc," and "Mac"
appearing in both easily
attract the attention of
would-be customers
Application
Process
Trademark Application Form

Search in IPO Database for similar TM

Publication in IPO Gazette

Payment of filling fee (P1,080 and

P2,160)
  refers to the
protection given to
the owner of an  the owner of the
original work
covering: original work is
COPYRIGHT  literary works entitled to
 musical pieces economic rights
 Paintings and moral rights.
 and computer
programs, among
others.
 ECONOMIC RIGHTS MORAL RIGHTS

 enable the creator protect the

COPYRIGHT to receive profit connection
gains should his
works be between the
distributed by creator and his
third parties. work.
 Once the owner receives the
rights to his work,
COPYRIGHT
unauthorized third parties
are prohibited from selling
or distributing the works,
especially for trade purposes.
Application
Process

Fill out Application Form

Attach Copy of their Work

Payment of filling fee (P625)

COPYRIGHT
NOTICE
What happens if the
Patent, TM, or Copyright
is in another country ?
  Any person who:
 is a national
 is domiciled
 has a real and effective industrial establishment in a country
Section 3. which is:
 a party to any convention, treaty or agreement relating to
International intellectual property rights or the repression of unfair
competition, to which the Philippines is also a party
Conventions  extends reciprocal rights to nationals of the Philippines by law

and Reciprocity  shall be entitled to benefits to the extent necessary to

give effect to any provision of such convention, treaty
or reciprocal law, in addition to the rights to which any
owner of an intellectual property right is otherwise
entitled by this Act.
 In simple terms, if there is
a RECIPROCITY
AGREEMENT, we have to
respect the trademark that
they have in their country.
 an international treaty, allowing
The trademark registration in the
Madrid Philippines or any country—as
Protocol long as they are part of the
Madrid Protocol.
 One would only need to file a
single application.
The Should your application be
Madrid ratified, the approved mark will
Protocol be protected in all the countries
that are part of the Madrid
Protocol.
DATA
PRIVACY
ACT
 AN ACT PROTECTING INDIVIDUAL
PERSONAL INFORMATION IN
INFORMATION AND
Republic Act. COMMUNICATIONS SYSTEMS IN
No. 10173 THE GOVERNMENT AND THE
August 15, 2012
PRIVATE SECTOR, CREATING FOR
THIS PURPOSE A NATIONAL
PRIVACY COMMISSION, AND FOR
OTHER PURPOSES
 a law that seeks to protect all
forms of information, be it
Data private, personal, or sensitive.
Privacy It is meant to cover both natural
Act and juridical persons involved in
the processing of personal
information.
 applies to any natural or juridical
persons involved in the processing of
personal information.
also covers those who, although not
SCOPE found or established in the Philippines:
use equipment located in the
Philippines or
those who maintain an office, branch,
or agency in the Philippines.
 refers to any operation or any set of operations
performed upon personal information including,
but not limited to:
Collection
Recording
PROCESSING Organization
OF PERSONAL Storage
INFORMATION updating or modification
Retrieval
Consultation
Use
consolidation
Blocking, erasure or destruction of data.”
 collection of personal data “must
be a declared, specified, and
COLLECTION
legitimate purpose” and further
PROCESSING
COSENT provides that consent is required
prior to the collection of all
personal data.
  It requires that when obtaining
consent, the data subject be
informed about the extent and
COLLECTION purpose of processing, and it
PROCESSING specifically mentions the
COSENT “automated processing of his or her
personal data for profiling, or
processing for direct marketing, and
data sharing.”
 Consent is further required
COLLECTION for sharing information with
PROCESSING
COSENT affiliates or even mother
companies.
 any information whether recorded
in a material form or not, from
which the identity of an individual
is apparent or can be reasonably
PERSONAL
INFORMATION and directly ascertained by the
entity holding the information, or
when put together with other
information would directly and
certainly identify an individual.”
Does the  Yes.
difference  Personal information may be
between processed, provided that the
personal
requirements of the Data Privacy Act
information and
sensitive are complied with.
personal  On the other hand, the processing of
information sensitive personal information is, in
matter? general, prohibited.
 SENSITIVE
PERSONAL PERSONAL
INFORMATION INFORMATION
PERSONAL  race, ethnic origin, marital status, age,
INFORMATION color, and religious, philosophical or
political affiliations;
 health, education, genetic or sexual life of

versus information a person, or to any proceeding for any

offense committed or alleged to have
been committed by such person, the

that makes disposal of such proceedings, or the

sentence of any court in such proceedings;

SENSITIVE you readily

 Issued by government agencies peculiar to
an individual which includes, but not
PERSONAL limited to, social security numbers,

INFORMATION identifiable previous or cm-rent health records,

licenses or its denials, suspension or
revocation, and tax returns; and
 Specifically established by an executive
order or an act of Congress to be kept
classified.
 Any and all forms of data which
PRIVILIDGED under the Rules of Court and
INFORMATION other pertinent laws constitute
privileged communication.
EXEMPTIONS
TO THE
APPLICATION
DATA PRIVACY ACT
  Information about an
 Information about individual who is or was
performing service
any individual who is under contract for a
or was an officer or government institution
employee of a that relates to the
EXEMPTIONS: government services performed,
institution that including the terms of
relates to the the contract, and the
name of the individual
position or functions given in the course of
of the individual the performance of
those services
  Information relating
to any discretionary
benefit of a financial
nature such as the
 Personal
granting of a license information
or permit given by processed for
EXEMPTIONS: the government to journalistic,
an individual, artistic, literary or
including the name research purposes
of the individual and
the exact nature of
the benefit;
  Information necessary in
 Information necessary
order to carry out the
functions of public for banks and other
authority which includes financial institutions
the processing of under the jurisdiction of
the independent, central
personal data for the
monetary authority or
performance by the
EXEMPTIONS: independent, central
Bangko Sentral ng
Pilipinas to comply with
monetary authority and Republic Act No. 9510,
law enforcement and and Republic Act No.
regulatory agencies of 9160, Anti-Money
their constitutionally Laundering Act and
and statutorily other applicable laws;
mandated functions.
  Personal information originally
collected from residents of foreign
jurisdictions in accordance with the
EXEMPTIONS: laws of those foreign jurisdictions,
including any applicable data privacy
laws, which is being processed in the
Philippines.
GENERAL RULE
Processing of Sensitive
Personal Information and
Privileged Information is
not allowed
  given his or her consent
 processing of the same is provided for
by existing laws and regulations
 processing is necessary to protect the
EXEMPTIONS: life and health of the data subject or
another person, and the data subject is
not legally or physically able to express
his or her consent prior to the
processing
  processing is necessary to achieve the
lawful and noncommercial objectives
of public organizations and their
associations
 processing is necessary for purposes of
EXEMPTIONS:
medical treatment, is carried out by a
medical practitioner or a medical
treatment institution, and an adequate
level of protection of personal
information is ensured
  processing concerns such personal
information as is necessary for the
protection of lawful rights and
interests of natural or legal persons in
EXEMPTIONS: court proceedings, or the
establishment, exercise or defense of
legal claims, or when provided to
government or public authority.
NETIQUETTE
THE INTERNET ETIQUETTE
 is network etiquette, the do's
and don'ts of online
communication.
NETIQUETTE covers both common
courtesy online and the
informal "rules of the road" of
cyberspace.
The Core Rules of
Netiquette
Rule 1.
Remember the human.
 Never forget that the
person reading your mail or
RULE 1 posting is, indeed, a
person, with feelings that
can be hurt.
  It's not nice to  Never mail or
post anything  Notify your
hurt other you wouldn't readers when
people's say to your flaming.
feelings. reader's face.

Corollary  Corollary 1  Corollary 2  Corollary 3

Rules to
RULE 1
Rule 2.
Adhere to the same standards of
behavior online that you follow in
real life.
  Breaking
 Be ethical the law is
bad
Netiquette.
Corollary  Corollary 1  Corollary 2

Rules to
RULE 2
Rule 3.
Know where you are in cyberspace.
  Netiquette
varies from  Lurk before
domain to you leap
domain.
Corollary  Corollary 1  Corollary 2

Rules to
RULE 3
Rule 4.
Respect other people's time and
bandwidth.
  It's OK to think
that what you're
doing at the
moment is the  Post messages  Try not to ask
most important
thing in the to the stupid
universe, but don't appropriate questions on
expect anyone else discussion discussion
to agree with you. group. groups.
Corollary  Corollary 1  Corollary 2  Corollary 3

Rules to
RULE 4
  Read the  When
FAQ appropriate,  Don't post
use private subscribe,
(Frequentl email unsubscribe,
y Asked instead of or FAQ
Questions) posting to requests.
document. the group.
Corollary  Corollary 4  Corollary 5  Corollary 6

Rules to
RULE 4
  Don't waste
 If you disagree with  Conserve
the premise of a
bandwidth
expert particular discussion
group, don't waste when you
readers' time the time and retrieve
by posting bandwidth of the
members by telling information
basic them how stupid from a host or
they are. Just stay
information away. server.

Corollary  Corollary 7  Corollary 8  Corollary 9

Rules to
RULE 4
Rule 5.
Make yourself look good online.
  Check
grammar
and  Know what
spelling you're talking  Don't post
before you about and flame-bait.
post. make sense.

Corollary  Corollary 1  Corollary 2  Corollary 3

Rules to
RULE 5
Rule 6.
Share expert knowledge.
  If you've
 Offer answers received email
answers to a
and help to posted question,
people who summarize them
ask questions and post the
on discussion summary to the
discussion
groups. group.

Corollary  Corollary 1  Corollary 2

Rules to
RULE 6
Rule 7.
Help keep flame wars under
control.
  If you've
posted flame-
 Don't  Don't post bait or
respond to spelling or perpetuated a
flame-bait. grammar flame war,
apologize.
flames.
Corollary  Corollary 1  Corollary 2  Corollary 3

Rules to
RULE 7
Rule 8.
Respect other people's privacy.
 Don't read other
RULE 8
people's private email.
Rule 9.
Don't abuse your power.
 The more power you
RULE 9
have, the more
important it is that you
use it well.
Rule 10.
Be forgiving of other people's
mistakes.
 You were a network
RULE 10
newbie once too!
  If you've
posted flame-
 Don't  Don't post bait or
respond to spelling or perpetuated a
flame-bait. grammar flame war,
apologize.
flames.
Corollary  Corollary 1  Corollary 2  Corollary 3

Rules to
RULE 7
Thank you!