A patent is a form of intellectual property that gives its owner

the legal right to exclude others from making, using, selling

and importing an invention for a limited period of years, in
exchange for publishing and enabling public disclosure of the
invention.
Privacy of Personal/Public Domain
Data Privacy (Public or Private)
Etiquette in Technology
"Netiquette" refers to Internet etiquette

Online etiquette is ingrained into culture, although etiquette

in technology is a fairly recent concept.

The rules of etiquette that apply when communicating over

the Internet or social networks or devices are different from
those applied when communicating in person or by audio
or videophone.
NURSING INFORMATICS
NCM 110 Lecture
Week 10 Lecturer: Vincent Z. Solidum, MAN, RN
Nursing Information System
What do you think it is?

Nursing Information System (NIS) is a part of a

health care information system that deals with
nursing aspects, particularly the maintenance of
the nursing record.
Internet Applications
PDA

A personal digital assistant (PDA), also known as a

handheld PC, is a variety mobile device which functions
as a personal information manager.
Internet Applications
Emails

Gmail
Outlook
Hotmail
Yahoomail
Etc…
Wireless Phone

a portable telephone that can make

and receive calls over a radio
frequency link while the user is
moving within a telephone service
area.
Two way video / Teleconference / Facetime etc..

Meeting through a telecommunications

medium. It is a generic term for
linking people between two or more
locations by electronics.
Text Messaging

the act of composing and sending electronic

messages, typically consisting of alphabetic
and numeric characters, between two or
more users of mobile devices, desktops/
laptops, or other type of compatible
computer. ... Text messages are used for
personal, family, business and social purposes
.
Social Media

are interactive digitally-mediated

technologies that facilitate the creation
or sharing/exchange of information,
ideas, career interests, and other
forms of expression via virtual
communities and networks.
The End…

Thank you
NURSING INFORMATICS
NCM 110
Lecturer: Vincent Z. Solidum, MAN, RN
Softwares relevant in Nursing
Practice
Computer Software System?

Computer Software
Definition

Software
Is the general term applied to the
instructions that direct the computers’
hardware to perform work.
Purpose of Software

Translate instructions created in human language into machine language.

At the machine level, computers can only understand binary numbers, not English, or
any other languages.
Purpose of Software

It is needed to make the computer an economical work tool.

Nurses and the Software
The ISSUE:

Many nurses have only a vague understanding of what OSS / FS are and their
possible applications and relevance to nursing.

Nurses need to have a BASIC understanding of the issues, so that we can

make INFORMED CHOICES, be it personal or professional.
Open Source and Free Software
OSS / FS - Acronym
Source Code

Fundamental component of a computer

program that is created by a
programmer. It can be read and easily
understood by a human being.
Definition
OPEN SOURCE (www.opensource.org/docs/osd)

Any software satisfying the open software initiative’s definition (OSI). ; has access to the source code.

Criteria:

1.) Free Redistribution

2.) Source Code
3.) Derived Works
4.) Integrity of the Author’s Source Code
Definition
FREE SOFTWARE (www.gnu.or/philosophy/free-sw.html)

FOUR F’s
1.) Freedom to use
2.) Freedom to study
3.) Freedom to redistribute
4.) Freedom to improve the software in any way they wish
Common Misconception

FREEWARE – software offered free of charge, but without the freedom to

modify the source code and redistribute the changes

SHAREWARE – “TRY BEFORE YOU BUY” basis. If a customer continues to

use the product after a short trial period, or wishes to use additional features,
they are required to pay a specified, usually nominal, license fee.
Data Assessment
Difference between DATA and INFORMATION

Data is raw, unorganized facts that need to be processed.

Data can be something simple and seemingly random and
useless until it is organized.

When data is processed, organized, structured, presented

in a given context so as to make it useful, it is called
information.
DEFINITION
Data Assessment

the evaluation or estimation of the nature, quality,

or ability of the given data.
Nursing Assessment
Review

S - pecific
M - easurable
A- attainable
R- ealistic
T- ime bounded
Personal, Professional, Educational
Nursing Informatics
How does Nursing Informatics affect these areas?
Under Philippine law, what are
patentable inventions?
Patentable inventions are any technical solution of a
problem in any field of human activity that is new,
involves an inventive step, and is industrially applicable.
It may be, or may relate to, a product, process or any
improvement of thereof.
An invention is considered new if it does not form part
of a prior art.
An invention involves an inventive step if, having regard
to a prior art, it is not obvious to a person skilled in the
art at the time of the filing date or priority date of the
application claiming the invention.
An invention that can be produced and used in any
industry shall be industrially applicable.
Can computer software be patented?
No. Section 22.2 of the Intellectual Property Code
provides that computer programs are not patentable.
Programs for computers are protected by copyright
under Section 172(n) of the Intellectual Property Code.
Can plant breeds and animal breeds be patented?
No. Plant breeds and animal breeds or essentially
biological processes for the production of plants and
animals are not patentable. However, sui generis
protection is provided for plant varieties under Plant
Variety Protection Act of 2001.
However, microorganisms and non-biological and
microbiological processes are excluded from the
application of Section 22.4 of the Intellectual Property
Code of the Philippines, which proscribes the protection
of plant breeds and animal breeds.
Can products originating from nature be patented?
Natural products in exactly the same form as they are
found in nature are not patentable. However, it is
possible to patent a product originating from nature
that is in a form in which it does not occur naturally.
For example, an antibiotic separated from a
microorganism may be patented.
Can method of treatment be patented?
No. Under existing practice in the Philippines, method
for treatment of the human or animal body by surgery
or therapy and diagnostic method practiced on the
human or animal body is unpatentable. Use claim is
however acceptable. Hence, method of treatment
claims may be redrafted into acceptable use claims to
be able to be patented in the Philippines.
Who has a right to a patent?
The right to a patent belongs to the inventor, his heirs
or assigns. When two (2) or more persons have jointly
made an invention, the right to a patent belongs to
them jointly.
If two (2) or more persons have made the invention
separately, and independently of each other, the right
to the patent belongs to the person who filed an
application for such invention, or where two or more
applications are filed for the same invention, the
applicant who has the earliest filing date or the earliest
priority date.
The person who commissions the work has the right to
the patent, unless otherwise provided in the contract.
In case the employee made the invention in the course
of his employment, the right to the patent belongs to:
(a) the employee, if the inventive activity is not part of
his regular duties even if the employee uses the time,
facilities and materials of the employer; (b) the
employer if the invention is the result of the
performance of his regularly assigned duties, unless
there is an agreement, express or implied, to the
contrary.
Who may file a patent application in the Philippines?
The following may file an application for patent
protection in the Philippines:
Filipino nationals; and
Any person who is a national or who is domiciled or
who has a real and effective industrial establishment in
a country which is a party to any convention, treaty or
agreement relating to intellectual property rights or the
repression of unfair competition to which the
Philippines is also a party, or extends any reciprocal
rights to nationals of the Philippines by law.
Who may represent the applicant before the Bureau of
Patents?
If the applicant is a resident of the Philippines, he by
himself may file and prosecute a patent application with
the Bureau of Patents. He may also authorize a
representative do these for him.
If the applicant is not a resident of the Philippines, he
must appoint and appoint a resident agent or
representative.
What are the Routes available in filing a patent
application in the Philippines?
There are two (2) Routes available in filing a patent
application in the Philippines, namely:
Patent Cooperation Treaty (PCT) Route; and
Paris Convention/Direct Route.
Patent Cooperation Treaty (PCT) Route
What are the requirements for entering the national
phase of a PCT application?
To enter the national phase and get a date of entry, the
PCT applicant must furnish the Intellectual Property
Office (IPO), not later than thirty (30) months from the
priority date under Art. 22 (as amended by IPO Office
Order) or Art 39(1)(a), the following:
Request for National Phase Entry;
English translation of the international application if it
was filed in another language or a copy of the
international application in English as filed if the
applicant has not yet received Form PCT/IB/308; and
Copy of the amendments under Article 19 and/or
Article 34 (if applicable) in English.
Is there an extension of time for entering the national
phase for PCT applications?
Yes. The 30-month deadline for entering the national
phase for a PCT application may be extended by one (1)
month subject to the payment of an extension fee/late
entry fee.
Is payment of the national fee a requisite for getting a
date of entry in the national phase?
No. Payment of the national fee is not a requirement
for purposes of getting a date of entry. However,
payment of the national fee is necessary in order for the
international application to proceed to the national
phase for processing. Non-payment of the national fee
within one (1) month from the date of entry will result
in the withdrawal of the international application in the
Philippines.
An international application, which claims priority of an
earlier filed Philippine application is exempted from the
payment of the filing fee and any other fees which were
already paid during the earlier application.
What documents must be submitted at the national
phase entry?
Description, including title of the invention (must be in
English);
Claims as filed (must be in English)
Abstract;
Amendments to the claims under PCT Art. 19, where
applicable (must be in English);
Amendments to the description, claims or drawings
under PCT Art. 34, as contained in the annexes to the
international preliminary examination report, where
applicable (must be in English);
Drawings, as filed, if any;
Form PCT/IB/304 (if with right of priority).
What are the important time limits that one needs to
observe for PCT applications?
Six (6) months from the date of entry into the national
phase
Priority document
Priority document of a claimed earlier application must
be submitted to the International Bureau (IB) within
sixteen (16) months from the priority date.
If it has not been submitted to the IB within the said
time period, it must be submitted to the Philippine
Intellectual Property Office (IPO), together with
payment of fee for extension of time to submit priority
document plus surcharge provided for in the IPO Fee
Structure, within six (6) months from the date of entry
into the national phase without need of notice. Failure
of the applicant to comply shall be grounds to disregard
the priority claim.
Request for substantive examination
The application shall be deemed withdrawn if the
request for substantive examination is not made and
the substantive examination fee is not paid within six
(6) months from the date of entry into the national
phase.
Four (4) years from the date of the international
publication
Annual fee on a patent shall be due and payable on the
expiration of four (4) years from the date of the
international publication, and on each subsequent
anniversary of such date. The obligation to pay the
annual fees shall terminate should the application be
withdrawn, refused, or cancelled.
Annual fee of a divisional patent
application/registration shall be due and payable on the
expiration of four (4) years from the date of the
international publication of the parent application, and
on each subsequent anniversary of such date. The
obligation to pay the annual fees shall terminate should
the application be withdrawn, refused, or cancelled.
What should the applicant do if the international
application entering the national phase claims priority
of an earlier Philippine national application?
The applicant should elect which one of the two
applications shall be prosecuted. If applicant does not
elect at the date of entry, the IPO will invite the
applicant to make the election within two (2) months
from the date of the invitation, or within a longer
period, but not to exceed six (6) months from the date
of entry into the national phase.
Is the submission of priority documents required for
purposes of entering into the national phase?
No. The submission of priority documents is not
required for purposes of entering into the national
phase. The submission of priority documents is required
by the IPO in certain cases as provided by the rules.
Can amendments regarding the specification, claims
and drawings be done after the patent application has
already entered the national phase?
Yes. During the national phase, and at any time before a
patent is granted or refused on the international
application, the applicant may present amendments to
the description, claims and drawings in accordance with
the Intellectual Property Code and its implementing
rules and regulations.
Is an international application subject to publication in
the Intellectual Property of the Philippines (IPOPHL) E-
Gazette?
National phase applications based on PCT International
Applications are published in the form of listing only
(List of PCT cases that entered the national phase) but
are NO longer published (entire application) for
purposes of laying-open/disclosing the same to the
public. A patent application in the Philippines based on
a PCT international application is considered published
pursuant to Section 44 of the IP Code as of the
international publication date.
When should annual fees be paid for international
applications?
The first annual fee must be paid on the expiration of
four (4) years from the date of publication of the
international application regardless of the language of
publication. Subsequent annual fees shall be due on
each subsequent anniversary of such date.
What law governs the processing of international
applications at the national phase?
The applicable provisions of the Intellectual Property
Code and its implementing rules and regulations, the
applicable provisions of the Patent Cooperation Treaty,
PCT Regulations, and PCT Administrative Instructions,
govern international applications that have entered the
national phase.
What is the term of a patent issued to an application
filed through the PCT?
The term is twenty (20) years from the international
filing date of the application.
What are the PCT regulations that do not apply in the
Philippines?
Rule 26bis.3 (j), 49ter.1 (g), 49ter.2(h) Restoration of
Right of Priority
Rule 49.6 (f) Reinstatement of Rights after Failure to
Perform the Acts referred to in Article 22 (national
phase entry)
Paris Convention/Direct Route
How can an applicant obtain a filing date for a patent
application filed via Paris Convention/Direct Route?
To obtain a filing date, the applicant must submit the
following to the IPOPHL:
Request for patent;
Applicant’s name, address and signature. If applicant is
a non-resident, the name and address of the resident
agent; and
Description of the invention, one or more claims, and
drawings (if any).
If the priority of an earlier filed application is claimed,
the details of the claim, i.e., filing date, file number and
country of origin, must be submitted.
How can one claim a priority in the Philippine patent
application?
A patent application filed by any person who has
previously applied for the same invention in another
country which by treaty, convention, or law affords
similar privileges to citizens of the Philippines, shall be
considered as filed as of the date of filing the foreign
application, provided, that:
The local application expressly claims priority;
The Philippine application is filed within twelve (12)
months from the date when the earliest application was
filed; and
A certified copy of the foreign application together with
an English translation is filed within six (6) months from
the date of filing in the Philippines.
What must be included in the Philippine patent
application?
The patent application must contain the following:
Request for the grant of a patent;
Description of the invention;
Drawings necessary for the understanding of the
invention (if any);
One or more claims; and
Abstract.
In what language must the Philippine patent application
be presented?
The Philippine patent application must be presented in
either the Filipino or English language.
How does one disclose the invention in the Philippine
patent application?
The Philippine patent application shall disclose the
invention in a manner sufficiently clear and complete
for it to be carried out by a person skilled in the art.
Where the application concerns a microbiological
process or the product thereof, and involves the use of
a microorganism which cannot be sufficiently disclosed
in the application in such a way as to enable the
invention to be carried out by a person skilled in the art,
and such material is not available to the public, the
application shall be supplemented by a deposit of such
material with an international depositary institution.
Is an application filed via Paris Convention/Direct Route
subject to publication in the IPOPHL E-Gazette?
 fees shall be due on each subsequent anniversary of
such date.
Yes, the application shall be published in the IPOPHL E-
Gazette together with a search document established
by or on behalf of the Office citing any relevant
When does the patent become effective in the
document or documents that reflect prior art, after the
Philippines?
expiration of eighteen (18) months from the filing date.

The patent becomes effective upon the date of the

Is the invention protected prior to publication of the
publication of the grant of the patent in the IPOPHL
patent application in the IPOPHL E-Gazette?
Gazette.

No, the invention is not protected prior to the

What is the term of the patent in the Philippines?
publication of the patent application in the IPOPHL E-
Gazette. However, the Bureau of Patents is obligated to
keep the patent application confidential. An
unpublished patent application, and all related The term of the patent is twenty (20) years from the
documents, cannot be made available for inspection filing date of the application in the Philippines.
without the consent of the applicant.

Is there a reinstatement of a lapsed patent in the

What protection is granted to the invention after the
publication of the patent application in the IPOPHL E-
Gazette and before the grant of a patent?
Section 46 of the Intellectual Property Code of the
Philippines provides that the applicant shall have all
rights of a patentee against any person who uses the
invention without the applicant’s authorization,
provided that, such person has actual knowledge that
the invention he is using is the subject matter of a
published application. However, the action may not be
filed until after the grant of the patent and not beyond
four (4) years from the commission of the acts
complained of.
After publication, is there an automatic substantive
examination of the patent application?
Philippines?
No, there is no reinstatement of a lapsed patent in the
Philippines.
Is it possible for an invention that has been previously
disclosed to the public to be patented?
Yes. Under Section 25 of the Intellectual Property Code
of the Philippines, the disclosure of information
contained in the patent application during the twelve
(12) months preceding the filing date or the priority
date of such patent application shall not prejudice the
applicant on the ground of lack of novelty, if such
disclosure was made by:

There is no automatic process for substantive
examination of a patent application. The applicant must
make a request for substantive examination within six
(6) months from the date of the publication of the
application. The application shall be deemed withdrawn
if such request is not made and the requisite fees are
not timely paid.
The inventor;
A patent office and the information was contained
in another application filed by the inventor and should
not have been disclosed by the office, or
in an application filed without the knowledge or
consent of the inventor by a third party which obtained
the information directly or indirectly from the inventor;
or

When should annual fees be paid? A third party, which obtained the information directly
or indirectly from the inventor.

Can one patent application cover several different

The first annual fee must be paid on the expiration of inventions?
four (4) years from the date of publication of the
application in the IPOPHL E-Gazette. Subsequent annual
No, the Philippine patent application shall cover one
invention only or a group of inventions forming a single
general inventive concept.
Can one extend the time limit for filing a response to
office action?
The time limit to respond to office action may be
extended only for good and sufficient cause, and for a
reasonable time specified. Any request for such
extension must be filed on or before the day on which
the response is due. The Examiner may grant a
maximum of two (2) extensions of two (2) months each,
provided that the aggregate period granted inclusive of
the initial period allowed to file the response, shall not
exceed six (6) months from the mailing date of the
official action requiring such response.
Does the applicant have any remedy if the Philippine
Examiner rejects the patent application?
Yes. If the Examiner rejects the patent application, the
decision may be appealed to the Director of the Bureau
of Patents. Thereafter, if the Director of the Bureau of
Patents agrees with the examiner, that decision may be
appealed to the Director General of the Intellectual
Property Office. The decision of the Director General to
reject the application may then be appealed to the
Court of Appeals, and ultimately to the Supreme Court
of the Philippines.
Is there accelerated examination for patent applications
in the Philippines?
Yes. IPOPHL has existing Patent Prosecution Highway
(PPH) program/agreement with USPTO, JPO, KIPO, and
EPO. Hence, an applicant may request for accelerated
examination under the PPH if the corresponding foreign
applications in said countries/jurisdictions are indicated
to be patentable/allowable.
An applicant may also opt to file a request for
accelerated examination under the ASEAN Patent
Examination Co-operation (ASPEC) Program in which
Brunei Darussalam, Cambodia, Indonesia, Lao PDR,
Malaysia, Philippines, Singapore, Thailand, and Viet
Nam are participating countries. ASPEC is a program for
IP Offices from participating ASEAN member states
(AMS) to utilize the search and examination (S&E)
results from another participating AMS IP Office as
reference in its own S&E work. Hence, applicant may
request for accelerated examination under the ASPEC if
the corresponding foreign applications in said countries
are indicated to be patentable/allowable.
Can one file an opposition proceeding against a
Philippine patent application?
No. After the publication of the patent application in
the IPOPHL E-Gazette, third parties may only file
observations to the Bureau of Patents as to the
patentability of the invention that is the subject of the
application. The Bureau of Patents will then
communicate the observations to the applicant, who
can submit his/her comments. The patent examiner will
then take note of the third parties’ observations and the
applicant’s comments in deciding whether to grant the
patent registration.
What are the rights conferred to a patent owner in the
Philippines?
Under Section 71 of the Intellectual Property Code of
the Philippines, the patent owner has the following
exclusive rights:
Where the subject matter of a patent is a product, the
patent owner has the right to restrain, prohibit and
prevent any unauthorized person or entity from
making, using, offering for sale, selling or importing that
product;
Where the subject matter of a patent is a process, the
patent owner has the right to restrain, prevent or
prohibit any unauthorized person or entity from using
the process, and from manufacturing, dealing in, using,
selling or offering for sale, or importing any product
obtained directly or indirectly from such process; and
Patent owners shall also have the right to assign, or
transfer by succession the patent, and to conclude
licensing contracts for the same.
Are there any exceptions to the exclusive rights of a
patent owner?
Yes. Section 72 of the Intellectual Property Code of the
Philippines provides that the patent owner has no right
to prevent third parties from using the invention under
the following circumstances:
Where the patented product has been placed on the
market in the Philippines by the owner of the patent or
with his authorization, insofar as such use is made after
the product has been placed on the market;
Where the exploitation of the patent is done privately
and on a non-commercial scale or for a non-commercial
purpose, provided, that such use does not significantly
prejudice the economic interests of the patent owner;
Where the act consists of making or using exclusively
for the purpose of experiments that relate to the
subject matter of the patented invention;
Where the act consists of preparation for individual
cases, in a pharmacy or by a medical professional, of a
medicine in accordance with a medical prescription; and
Where the patented invention is used on vehicles in
transit in the Philippines, provided that such use is
exclusively for the needs of the vehicle and not for the
manufacturing of anything to be sold within the
Philippines.
Will a prior user, who in good faith uses a patented
invention, be held liable for patent infringement?
No. Any prior user in good faith, who was using the
invention or who has undertaken serious preparations
to use the invention in his enterprise or business in the
Philippines, before the filing date or priority date of the
application on which the patent is granted, shall have
the right to continue the use thereof as envisaged in
such preparations.
Can the Philippine government use the patented
invention without authorization of the patent owner?
Yes. A government agency or a person authorized by
the government may exploit the invention even without
the consent of the patent owner where:
The public interest, in particular, national security,
health or the development of other sectors, as
determined by the appropriate agency of the
government, so requires; or
A judicial or administrative body has determined that
the manner of exploitation by the patent owner or the
licensee is anti-competitive.
What is the scope of protection conferred by a patent?
Under Section 75 of the Intellectual Property Code of
the Philippines, the scope of protection conferred by
the patent is determined by the claims, which are to be
interpreted in light of the description and drawings. In
determining the extent of protection conferred by the
patent, the claims shall be considered to cover not only
all the elements as expressed therein, but also the
equivalents.
Can an interested party file an action for the
cancellation of a patent?
Yes. Any interested person may, upon payment of the
required fee, file with the Bureau of Legal Affairs of the
Intellectual Property Office, a verified Petition to Cancel
the patent or any claim thereof, or parts of the claim,
based on any of the following grounds:
The invention is not new and patentable;
The patent does not disclose the invention in a manner
sufficiently clear and complete for it to be carried out by
any person skilled in the art; or
The patent is contrary to public order or morality.
What are the remedies available to a patent owner in
cases of patent infringement?
In case of patent infringement, the patent owner may
file any of the following:
Civil action to recover from the infringer damages
sustained plus attorney’s fees and expenses of
litigation, and to secure an injunction for the protection
of his rights, provided, no damages may be recovered
for acts committed more than four (4) years before the
execution of the action for infringement. No damages
may be recovered for acts of infringement before the
infringer knew of the patent or had reasonable grounds
to know of the patent;
Criminal case for patent infringement, which must be
filed within 3 years from the date of the commission of
the crime; or
Administrative case before the following agencies: (i)
the Department of Trade and Industry pursuant to
Department Administrative Order 01, Series of 2000,
implementing E.O. 913 and Ministry Order No. 69; or (ii)
the Bureau of Legal Affairs of the Intellectual Property
Office where the total damages claimed is not less than
PhP200,000.00. Provisional remedies may be granted in
accordance with the Rules of Court. No damages may
be recovered for acts committed more than four (4)
years before the execution of the action for patent
infringement.
What is copyright? News of the day and other miscellaneous facts having
the character of mere items of press information;

Official text of a legislative, administrative or legal

Copyright is a collection of all rights enjoyed by the nature, as well as any official translation thereof;
owner of an artistic or literary work.
Work of the Philippine Government, unless there was a
prior approval by the appropriate government agency;
and
What are considered copyrightable works in the
Philippines? Statutes, rules and regulations, and speeches, lectures,
sermons, addresses, and dissertations, pronounced,
read or rendered in courts of justice, before
Under Philippine law, original intellectual creations in administrative agencies, in deliberative assemblies and
the literary and artistic domain are copyrightable. These in meetings of public character.
include books, pamphlets, articles and other writings;
periodicals and newspapers; lectures, sermons,
addresses, dissertations prepared for oral delivery;
letters; dramatic or dramatico-musical compositions;
Is a copyright registration necessary to protect artistic
choreographic works or entertainment in dumb shows;
or literary works?
musical compositions; drawing, painting, architecture,
sculpture, engraving, lithography; models or designs for
works of art; original ornamental designs or models for
articles of manufacture; illustrations, maps, plans, No, copyrightable works are protected from the
sketches, charts and three-dimensional works relative moment of their creation.
to geography, topography, architecture or science;
drawings or plastic works of a scientific or technical
character; photographic works including works Who can apply for a copyright registration?
produced by a process analogous to photography;
lantern slides; audiovisual works and cinematographic
works and works produced by a process analogous to The owner of the work or his/her assignees or
cinematography or any process for making audio-visual successors-in-interest has the right to apply for a
recordings; pictorial illustrations and advertisements copyright registration.
and computer programs.

Who are considered owners of the copyrightable

Derivative works are also protected as new works, works?
provided that it does not affect the existing copyright
on original works. Derivative works may include:
dramatizations, translations, adaptations, The owners of original literary and artistic works are:
abridgements, arrangements, and other alterations of
literary music work; collections of literary, scholarly or
artistic works, and compilations of data and other The author of the work;
materials which are original by reason of the selection
or coordination or arrangement of their contents. If the work is of joint ownership:

The co-authors are the original owners and in the

What works are not protected by copyright under
Philippine law?
Copyright protection does not cover:
absence of agreement, their rights shall be governed by
the rules on co-ownership.
The author of each part is the owner of such part
he/she created, if the work consists of parts that can be
used separately and the author of each part can be
identified.

If the work is created in the course of employment:

Idea, procedure, system method or operation, concept,
Employee is the owner, if the work created is not part
principle, discovery or mere data as such, even if they
of employee’s regular duties even if he uses the time,
are expressed, explained, illustrated or embodied in a
facilities and materials of the employer;
work;
Employer is the owner, if the work created is the result the work was not published, it shall be protected for 50
of the performance of employee’s regularly-assigned years counted from the creation of the work.
duties, unless otherwise agreed upon.

If the work was commissioned, the one who

What is the duration or term protection for works of
commissioned the work jointly owns it with the
applied art?
author/creator – but the copyright of the work remains
with author/creator, unless otherwise agreed upon;

In the case of audio-visual work, the copyright belongs Works of applied art shall be protected for 25 years
to the producer, the author of the scenario, the music from the date of its creation.
composer, the film director, and the author of the work
adapted. However, unless otherwise agreed upon
among the creators, the producer has the right to What is the duration or term of protection for audio-
exercise copyright to the extent required for the visual works?
exhibition of the work in any manner, except for the
right to collect license fees for the performance of
musical compositions, with or without words, which are Audio-visual works shall be protected for 50 years from
incorporated into the work. the date of publication. If it is unpublished, it is
With respect to letters, the copyright belongs to the protected for 50 years from the date of creation.
writer subject to the following:

Letters and other private communications in writing are
owned by the person to whom they are addressed and
delivered, but the same cannot be published or
disseminated without the consent of the writer or his
heirs.
However, the court may authorize the publication or
dissemination if the public goods or the interest of
justice so requires.
Can the author or creator waive or transfer copyright?
What is the duration or term of protection for
performers and producers of sound recordings?
Performances not incorporated in recordings shall be
protected for 50 years from the end of the year in which
the performance took place. Sound or image and sound
recordings and performances incorporated therein shall
be protected for 50 years from the end of the year in
which the recording took place.

Yes, the author/creator of any work can waive or What is the duration or term of protection for
transfer copyright on his/her work in favor of a broadcasts?
corporation or another individual.

Broadcasts shall be protected for 20 years from the date

What is the duration of copyright protection? the broadcast took place.

In the Philippines, copyright protection for artistic, What are the rights conferred to the author of a work?
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 author of a work has copy or economic rights, as
the case of joint authorship, the economic rights shall
well as moral rights over the work.
be protected during the lifetime of the last surviving
author plus 50 years after such author’s death.

The author has the exclusive right to carry out,

authorize or prevent the:
What is the duration or term of protection for works
with anonymous owner/creator?

Reproduction of the work or substantial portion of the

work;
In case of anonymous or pseudonymous works,
copyright protection shall last for 50 years from the Dramatization, translation, adaptation, abridgment,
date on which the work was first lawfully published. If arrangement or other transformation of the work;
The first public distribution of the original and each The authority constitutes only a license to make a single
copy of the work by sale or other forms of transfer of publication unless expressly stated otherwise. If the
ownership; copyright is owned by more than 1 person, neither of
the owners shall be entitled to grant a license without
Rental of the original or a copy of an audio-visual or
the prior written consent of the other owner or owners.
cinematographic work, a work embodied in a sound
recording, a computer program, a compilation of data
and other materials or a musical work in graphic form,
What is the extent of copyright protection in works of
irrespective of the ownership of the original or the copy
architecture?
which is the subject of the rental;

Public display of the original or a copy of the work;

Public performance of the work; and
Other communication to the public of the work.
Moral rights confer the following on the author of a
work:
Copyright in a work of architecture includes the right to
control the erection of any building, which reproduces
the whole or substantial part of the work either in its
original form or in any form recognizably derived from
the original. It shall not include the right to control the
reconstruction or rehabilitation in the same style as the
original of the building to which the copyright relates.

To require that the authorship of the works be

attributed to him, in particular; the right that his name,
Can a computer program be reproduced without
as far as practicable, be indicated in a prominent way
violating the author’s copyright?
on the copies, and in connection with the public use of
his work;

To make any alterations of his work prior to, or to Yes, in cases of fair use. Decompilation, which is the
withhold it from publication; reproduction of the code and translation of the forms of
the computer program to achieve the inter-operability
To object to any distortion, mutilation or other
of an independently created computer program with
modification of, or other derogatory action in relation
other programs constitutes fair use and is allowed.
to, his work which would be prejudicial to his honor or
reputation; and

To restrain the use of his name with respect to any work
not of his own creation or in a distorted version of his
work.
Can a copyright be transferred or assigned?
Reproduction in one (1) back-up copy or adaptation of a
computer program or adaptation of a computer
program is permitted, without the authorization of the
author or owner of the copyright, provided that the
copy or adaptation is necessary for:

Yes. Copyright can be transferred or assigned in whole

(a) the use of the computer program in conjunction
or in part.
with a computer for the purpose, and to the extent, for
which the computer program has been obtained; and

Is the sale of an original work, for example a painting,

equivalent to the transfer of the copyright therein?
(b) archival purposes and for the replacement of the
lawfully owned copy of the computer program in the
event that the lawfully obtained copy of the computer
No. The copyright is distinct from the object or property program is lost, destroyed or rendered unusable.
subject to it. Consequently, the transfer or assignment
of the copyright does not necessarily constitute a
transfer of the object. Nor shall a transfer or assignment
Other than the Intellectual Property Code of the
of the copy or several copies of the work imply a
Philippines, is there any special law that ensures the
transfer or assignment of the copyright.
protection to copyright owners of audio-visual works?

What is the extent of authority granted to the publisher

Yes, the Optical Media Act of 2003. This Act regulates
of newspapers, periodicals or magazines when a work is
the manufacture, mastering, replication, importation
submitted for publication?
and exportation of optical media in which information,
including sounds and/or images, or software code, has The amount and substantiality of the portion used in
been stored, either by mastering and/or replication. relation to the copyrighted work as a whole; and

The effect of the use upon the potential market for or

value of the copyrighted work.
Under the Optical Media Act, any person, establishment
or entity shall, prior to engaging in one or more of the
following business or activities, register with and secure
What constitutes copyright infringement in the
the appropriate licenses from the Optical Media Board
Philippines?
(OMB):

Under Philippine law, copyright infringement occurs

Importation, exportation, acquisition, sale or
distribution of optical media, manufacturing equipment,
parts and accessories and manufacturing materials used
or intended for use in the mastering, manufacture or
replication of optical media;
Possession or operation of manufacturing equipment,
parts and accessories, or the possession acquisition,
sale or use of manufacturing materials for the
mastering, manufacture or replication of optical media;
and
The mastering, manufacture, replication, importation or
exportation of optical media.
when there is a violation of any of the exclusive
economic or moral rights granted to the copyright
owner. It may also consist in aiding or abetting such
infringement. The IP Code also provides for the liability
of a person who at the time when copyright subsists in
a work has in his possession an article which he knows,
or ought to know, to be an infringing copy of the work
for the following purposes: (a) selling or letting for hire,
or by way of trade offering or exposing for sale or hire,
the article; (b) distributing the article for the purpose of
trade, or for any other purpose to an extent that will
prejudice the rights of the copyright owner in the work;
or (c) trade exhibit of the article in public.

The Optical Media Act also requires that Source

Identification (SID) Codes, prescribed by the OMB to, be
applied to each and every optical media mastered,
manufactured or replicated including glass masters,
stampers or other parts used for the manufacture of
optical discs.
What is “fair use”?
The fair use of a copyrighted work for criticism,
comment, news, reporting, teaching including multiple
copies for classroom use, scholarship, research and
similar purposes is not an infringement of copyright.
What are the remedies available to an owner of a
copyright against an infringer?
The copyright owner can file a criminal, civil or
administrative action for copyright infringement. A
criminal case for copyright infringement must be filed in
the court situated in the place where the violation
occurred. The administrative suit is filed at the Bureau
of Legal Affairs at the Intellectual Property Office of the
Philippines. A civil infringement lawsuit is filed in the
appropriate court located at the place where the
defendant resides/is located, or where the plaintiff
resides/is located, at the option of the plaintiff.

What are the penalties provided by Philippine law for

Decompilation, which is the reproduction of the code copyright infringement?
and translation of the forms of the computer programs
to achieve the inter-operability of an independently
created computer program with other programs, may
Under Philippine law, copyright infringement is
also constitute fair use.
punishable by the following:

To determine whether use of a work constitutes fair

Imprisonment of between 1 to 3 years and a fine of
use, the following factors are considered:
between 50,000 to 150,000 pesos for the first offense.

Imprisonment of 3 years and 1 day to six years plus a

The purpose and character of the use, including fine of between 150,000 to 500,000 pesos for the
whether such use is of a commercial nature or is for second offense.
non-profit educational purposes;

The nature of the copyrighted work;

Imprisonment of 6 years and 1 day to 9 years plus a fine
ranging from 500,000 to 1,500,000 pesos for the third
and subsequent offenses.

The offending party may also be ordered to pay civil

damages.

Injunction and destruction of the infringing goods or

products can also be obtained, as well as seizure and
impounding of any article which may serve as evidence
in the court proceedings.
INTELLECTUAL PROPERTY CODE
OF THE PHILIPPINES
Republic Act No. 8293

GENERAL OVERVIEW

The law:

Republic Act No. 8293 [An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property
Office, Providing for Its Powers and Functions, and for Other Purposes] otherwise known as the Intellectual Property
Code of the Philippines.

State policy declaration:

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. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their
intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act.

The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge
and information for the promotion of national development and progress and the common good.

It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and
copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual
property rights in the Philippines.

Effect on international conventions and on principle of reciprocity:

Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which
is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair
competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law,
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.

Laws repealed:

Republic Act No. 8293 repealed all Acts and parts of Acts inconsistent therewith, more particularly:

1. Republic Act No. 165, as amended [An Act Creating a Patent Office, Prescribing its Powers and Duties, Regulating
the Issuance of Patents, and Appropriating Funds Therefor];

2. Republic Act No. 166, as amended[An Act to Provide for the Registration and Protection of Trademarks, Trade-
Names, and Service-Marks, Defining Unfair Competition and False Marking and Providing Remedies Against the Same,
and for Other Purposes].cralaw

3. Presidential Decree No. 49 [Decree on the Protection of Intellectual Property];

4. Presidential Decree No. 285, as amended [Decree on the Protection of Intellectual Property];

5. Articles 188 and 189 of the Revised Penal Code of the Philippines.
 Parts of the law:

The Intellectual Property Code of the Philippines is divided into five [5] parts, to wit:

PART I - The Intellectual Property Office

PART II - The Law on Patents

PART III - The Law on Trademarks, Service Marks and Trade Names

PART IV - The Law on Copyright

PART V - Final Provisions

Intellectual property rights under the I. P. Code:

The intellectual property rights under the Intellectual Property Code are as follows:

1. Copyright and related rights;

2. Trademarks and service marks;

3. Geographic indications;

4. Industrial designs;

5. Patents;

6. Layout designs [topographies] of integrated circuits; and

7. Protection of undisclosed information.

Government Agencies:

The agency of the government in charge of the implementation of the Intellectual Property Code is the Intellectual
Property Office which replaced the Bureau of Patents, Trademarks and Technology Transfer. It is divided into six [6]
Bureaus, namely:

[1] Bureau of Patents;

[2] Bureau of Trademarks;

[3] Bureau of Legal Affairs;

[4] Documentation, Information and Technology Transfer Bureau;

[5] Management Information System and EDP Bureau; and

[6] Administrative, Financial and Personnel Services Bureau.

Functions of the Intellectual Property Office:

The Intellectual Property Office is mandated under the law to:

1. Examine applications for the grant of letters patent for inventions and register utility models and industrial
designs;

2. Examine applications for the registration of marks, geographic indication and integrated circuits;
 3. Register technology transfer arrangements and settle disputes involving technology transfer payments covered by
the provisions of Part II, Chapter IX on Voluntary Licensing and develop and implement strategies to promote and
facilitate technology transfer;

4. Promote the use of patent information as a tool for technology development;

5. Publish regularly in its own publication the patents, marks, utility models and industrial designs, issued and
approved, and the technology transfer arrangements registered;

6. Administratively adjudicate contested proceedings affecting intellectual property rights;

and

7. Coordinate with other government agencies and the private sector efforts to formulate and implement plans and
policies to strengthen the protection of intellectual property rights in the country.

Significant features of the law:

1. A shift was made from the "first-to-invent system" under R. A. 165 [old law] to "first-to-file system" under the
new law.

2. In the case of inventions, the period of the grant was increased from 17 years from grant under the old law to 20
years from date of filing under the new law.

3. In the case of utility models, the previous grant of 5 years plus renewals of 5 years each under the old law was
changed to 7 years without renewal under the new law.

4. In the case of industrial designs, the previous grant of 5 years plus renewals of 5 years each was maintained.

5. Under the old law, there was no opposition proceedings and the examination is mandatory; under the new law,
the examination is made only upon request [possibly with or without examination].

6. Under the old law, publication is made after the grant; under the new law, publication is effected after 18 months
from filing date or priority date.

7. Under the old law, the penalties for repetition of infringement are: PhP10,000 and/or 5 years of imprisonment
and the offense prescribes in 2 years; under the present law, the penalties range from PhP100,000 to PhP300,000
and/or 6 months to 3 years of imprisonment and the offense prescribes in 3 years.

Significant changes in the trademark law:

The significant changes in the trademark law under the old law [R. A. No. 166] and the present law are as follows:

1. Under the former, the element of use before filing a local application is a requirement although this is not
required when the application is based on foreign registration; while under the latter, the element of use has been
eliminated as a requirement for application.
 2. Under the former, the term granted is 20 years renewable for 20-year periods; while under the latter, the term is
for 10 years, renewable for 10-year periods.

3. Under the former, the affidavit of use or non-use is required on the 5th, 10th and 15th anniversaries; while under
the latter, proof of use within 3 years from the filing of the application is required and the affidavit of use should be filed
within 1 year from the 5th anniversary.

4. Under the former, a Supplemental Register is required to be maintained; while under the latter, it is no longer
required.

5. Under the former law, penalties for infringement, unfair competition, false designation of origin and false
description or representation range from fine of PhP500 to PhP2,000 and/or 6 months to 3 years and 4 months of
imprisonment; while under the latter law, the penalties range from fine of PhP50,000 to PhP200,000 and/or 2 to 5 years
of imprisonment.

Significant changes in the copyright law:

It is now required that after the first public dissemination of performance by authority of the copyright owner of certain
specified work, there shall, for the purpose of completing the records of the National Library and the Supreme Court
library, within three (3) weeks, be registered and deposited with it, by personal delivery or by registered mail, two (2)
complete copies or reproductions of the work in such form as the directors of said libraries may prescribe.cralaw

The scheme of penalties for infringement has also been changed. From the previous fine of Php200 to Php2,000 and/or
imprisonment of 1 year, the current range of penalties are as follows:

For first offenders - fine of PhP50,000 to PhP150,000 and/or imprisonment of 1 to 3 years

For second offenders - fine of PhP150,000 to PhP500,000 and/or imprisonment of 3 to 6

years

For third and subsequent offenders - fine of PhP500,000 to PhP1.5 Million and/or

imprisonment of 6 to 9 years.

In case of insolvency, the offender shall furthermore suffer subsidiary imprisonment.

Question 1
Which of the following is NOT protected by
intellectual property laws?
Correct answer: land deed
Question 2
Assessment that focuses on past medical
history, family history, the reason for admission,
medications currently taking, previous
hospitalization, surgeries, psychosocial
assessment, nutrition, complete physical
assessment:
Correct answer: initial assessment
Question 3
This step of the nursing process includes the
systematic collection of all subjective and
objective data about the client in which the
nurse focuses holistically on the client- physical,
psychological, emotional, sociocultural, and
spiritual.:
Correct answer: assessment
Question 4
What protects the intellectual property created
by inventors?
Correct answer: patent
Question 5
What is Netiquette?
Correct answer: The proper use of manners and
etiquette on the Internet
Question 6
How long do patents usually last?
Correct answer: 20 years
Question 7
Also known as the Data Privacy Act of 2012
Correct answer: RA 10173
Question 8
Student Nurse Faith has a sister working in the
hospital as staff nurse, she wants to get data
from her previous patient and asked assistance
from her sister. In the hospital she opened the
chart her sister provided her and was caught by
the Nurse supervisor on duty. What violation
did they both commit?
Correct answer: data privacy violation
Question 9
If a company develops a new technology that
improves its main product, what type of
intellectual property can it use to stop others
from copying their invention?
Correct answer: patent
Question 10
In this step of the nursing process you prioritize
the diagnosis in order of importance and figure
out what nursing interventions need to take
place to accomplish these as well as goals to
achieve your care plan:
Correct answer: planning
Question 11
What does a trademark protect?
Correct answer: logos, names and brands
Question 12
Who is the founder of Facebook?
Correct answer: Mark Zuckerberg
Question 13
The following are true about patent, except:
Correct answer: Legal right to include others
from making, using, selling
Question 14
Which one of the following is not patentable?
Correct answer: Medical method
Question 15
After you have finished using someone's
personal data, what should you do with it?
Correct answer: securely delete or destroy it
Question 16
Who should you call if you suspect someone
has submitted a false change-of-address form
with the post office in your name?
Correct answer: Post Office
Question 17
What is considered shouting over the internet?
Correct answer: Writing in all CAPS
Question 18
Which one of the following is the best
explanation of a patent?
Correct answer: An intellectual property right
granted by a government to an inventor that
prevents anyone form using the invention for a
specific period of time
Question 19
The 5 steps of the Nursing Process are referred
to as ADPIE, what does this stand for?
Correct answer: Assessment, Diagnosis,
Planning, Implementation, Evaluation
Question 20
You should never give out which of the
following on the Internet, unless required.
Correct answer: all of the above
Question 21
Also known as a handheld PC, is a variety
mobile device which functions as a personal
information manager.
Correct answer: Personal Digital Assistant
Question 22
Stephen writes an original story, what type of
intellectual property gives him the right to
decide who can make and sell copies of his work?
Correct answer: copyright
Question 23
The following are examples of wireless phones,
except
Correct answer: Walkie Talkie
Question 24
Supervisor Keannu caught Nurse Jasmine
printing the datasheet of a patient using the
papers from the previous chart and there is
sensitive information, what would be the best
approach?
Correct answer: Call the attention of the nurse
and reiterate the data privacy policy
Question 25
Who is the founder of Twitter?
Correct answer: Jack Dorsey
Question 26
The following are correct about Data Privacy,
except:
Correct answer: Seeks to protect most
information
Question 27
What protects the intellectual property created
by designers?
Correct answer: copyright
Question 28
Also known as the Intellectual property Code of
the Philippines
Correct answer: RA 8293
Question 29
How may one legitimately use an invention that
is patented by another?
Correct answer: By either obtaining a license or
purchasing the patent from the patent holder
Question 30
Which one of the following would be classified
as sensitive personal data?
Correct answer: Religion
Question 31
Based on the video “Nursing Informatics:
Beyond the Electronic Health Record”, it is one
of the first schools in the US that offered a
master's in nursing informatics.
Correct answer: University of Maryland school
of nursing
Question 32
In the Philippines, how long does copyright last?
Correct answer: 50 years after the death of the
person who created that work
Question 33
What protects the intellectual property created
by artists?
Correct answer: copyright
Question 34
Who is allowed to make copies or give
permission to make copies of their work?
Correct answer: teachers

Question 35
Where can you find in the 1987 Philippine
Constitution regarding Intellectual property?

Correct answer: Article XIV section13