FRANCES MIKAYLA ENRIQUEZ
REFLECTIVE ESSAY 4
Intellectual Property:
1. What is the difference between trademark and tradename?
Section 121.1 defines trademark as “any visible sign capable of
distinguishing the goods (trademark) or services (service mark) of an enterprise
and shall include a stamped or marked container of goods.”, while tradename
is defined as “the name or designation identifying or distinguishing an
enterprise”
2. What are the requisites in order to apply patent for an invention?
Under section 32, the patent application shall be in english of filipino, and
shall contain (a) A request for the grant of a patent; (b) A description of the
invention; (c) Drawings necessary for the understanding of the invention; (d)
One or more claims; and
(e) An abstract.
3. What are the respective term for patent, trademark and copyright?
Patent – 20 years
Trademark – 10 years
Copyright – lifetime of author or 50 years from death
4. What are the patentable and non-patentable inventions?
Patentable inventions are “Any technical solution of a problem in any field
of human activity which is new, involves an inventive step and is industrially
applicable shall be patentable. It may be, or may relate to, a product, or
process, or an improvement of any of the foregoing.” While non patentable
inventions are those excluded from patent protection such as:
22.1. Discoveries, scientific theories and mathematical methods, and in the
case of drugs and medicines, the mere discovery of a new form or new
property of a known substance which does not result in the enhancement of
the known efficacy of that substance, or the mere discovery of any new
property or new use for a known substance, or the mere use of a known
process unless such known process results in a new product that employs at
least one new reactant.
For the purpose of this clause, salts, esters, ethers, polymorphs, metabolites,
pure form, particle size, isomers, mixtures of isomers, complexes,
combinations, and other derivatives of a known substance shall be considered
to be the same substance, unless they differ significantly in properties with
regard to efficacy;
22.2. Schemes, rules and methods of performing mental acts, playing games
or doing business, and programs for computers;
22.3. Methods for treatment of the human or animal body by surgery or therapy
and diagnostic methods practiced on the human or animal body. This provision
shall not apply to products and composition for use in any of these methods;
22.4. Plant varieties or animal breeds or essentially biological process for the
production of plants or animals. This provision shall not apply to microorganisms and non-biological and microbiological processes.
Provisions under this subsection shall not preclude Congress to consider the
enactment of a law providing sui generis protection of plant varieties and
animal breeds and a system of community intellectual rights protection:
22.5. Aesthetic creations; and
22.6. Anything which is contrary to public order or morality. (Sec. 8, R.A. No.
165a)
5. Explain the rule in case of joint owners and in case of creation of intellectual
property during the employment.
Under Section 107, “- If two (2) or more persons jointly own a patent and
the invention covered thereby, either by the issuance of the patent in their joint
favor or by reason of the assignment of an undivided share in the patent and
invention or by reason of the succession in title to such share, each of the joint
owners shall be entitled to personally make, use, sell, or import the invention
for his own profit: Provided, however, That neither of the joint owners shall be
entitled to grant licenses or to assign his right, title or interest or part thereof
without the consent of the other owner or owners, or without proportionally
dividing the proceeds with such other owner or owners.”
AMLA:
1. What are the composition of AMLC?
According to Sec 7, the Anti-Money Laundering Council is composed of the
Bangko Sentral ng Pilipinas Governor as chairman, the Commissioner of the
Insurance Commission and the Chairman of the SEC as members.
2. Who are the covered person under AMLA?
The persons covered under AMLA are those supervised or regulated by
BSP are; banks, non-banks, quasi-banks, trust entities, pawnshops, non-stock
savings and loan associations, electronic money issuers, and all other persons
and their subsidiaries and affiliates supervised or regulated by the BSP. On
the other hand, foreign exchange dealers, money changers, and remittance
and transfer companies are covered persons for purposes of RIRR.
3. Give at least 5 unlawful activities connected to ML/TF?
Kidnapping for ransom in violation of Article 267 of Act No. 3815,
Comprehensive Dangerous Drugs Act of 2022, Anti-Graft and Corrupt
Practices Act, Plunder in violation of Republic Act No. 7080, Robbery and
Extortion, Jueteng and Masiao, Swindling, and Smuggling are prohibited
activities related to ML/TF.
4. Explain the two kinds of wire transfer.
When the beneficiary is from another country and the originator is from
another country, it is called a cross-border wire transfer. If both the originator
and the beneficiary financial institutions are situated in the same nation, a
domestic wire transfer may be used.
5. Explain the covered transaction, suspicious transaction and realty transaction.
A covered transaction is a transaction in cash or another equal monetary
instrument involving a total amount above p500,000.00 within one (1) banking
day. A suspicious transaction is a transaction or dealing that causes a person
involved to have any worries or indicators that it could be connected to money
laundering, terrorist financing, or other illegal conduct. A realty transaction is
any transaction or agreements involving the buying, selling, or financing of real
estate.
DATA PRIVACY:
1. Explain data subject and data controller?
Data subject is the one whose personal information is processed or
gathered while the data controller is the one who controls the collection and
process of use of the data subject’s personal information.
2. What is the scope of the data privacy act?
Section 4 of the data privacy act states that “this Act applies to the
processing of all types of personal information and to any natural and juridical
person involved in personal information processing including those personal
information controllers and processors who, although not found or established
in the Philippines, use equipment that are located in the Philippines, or those
who maintain an office, branch or agency in the Philippines subject to the
immediately succeeding paragraph: Provided, That the requirements of
Section 5 are complied with.”
3. Explain the principles of transparency, proportionality and legitimate
purpose?
In accordance to Section 18, subject to conformity to the principles of
transparency, legitimate purpose, and proportionality, the processing of
personal data shall be permitted. For transparency, the subject of the personal
information must be aware of the scope, nature, dangers, and protections
associated with the processing of their personal data, as well as their rights as
data subjects and how to exercise those rights. All communications and
information pertaining to the processing of personal data should be simple to
comprehend and easy to access. In terms of legitimate purpose, information
processing must be in line with a clearly stated goal that doesn't violate
morality, the law, or public policy. Lastly, for proportionality. information
processing must be sufficient, pertinent, appropriate, necessary, and not
excessive in respect to a stated and agreed-upon goal. Only when there are
no other reasonable options for achieving the processing goal may personal
data be processed.
4. Give 5 rights of data subject
a. Be informed whether personal information pertaining to him or her shall be,
are being or have been processed
b. Be furnished the information indicated hereunder before the entry of his or
her personal information into the processing system of the personal
information controller: (1) Description of the personal information to be
entered into the system; (2) Purposes for which they are being or are to be
processed; (3) Scope and method of the personal information processing;
(4) The recipients or classes of recipients to whom they are or may be
disclosed; (5) Methods utilized for automated access, if the same is allowed
by the data subject, and the extent to which such access is authorized; (6)
The identity and contact details of the personal information controller or its
representative; (7) The period for which the information will be stored; and
(8) The existence of their rights, i.e., to access, correction, as well as the
right to lodge a complaint before the Commission.
c. Reasonable access to, upon demand, the following: (1) Contents of his or
her personal information that were processed; (2) Sources from which
personal information were obtained; (3) Names and addresses of recipients
of the personal information; (4) Manner by which such data were processed;
(5) Reasons for the disclosure of the personal information to recipients; (6)
Information on automated processes where the data will or likely to be made
as the sole basis for any decision significantly affecting or will affect the data
subject; (7) Date when his or her personal information concerning the data
subject were last accessed and modified; and (8) The designation, or name
or identity and address of the personal information controller
d. Suspend, withdraw or order the blocking, removal or destruction of his or
her personal information from the personal information controller’s filing
system upon discovery and substantial proof that the personal information
are incomplete, outdated, false, unlawfully obtained, used for unauthorized
purposes or are no longer necessary for the purposes for which they were
collected. In this case, the personal information controller may notify third
parties who have previously received such processed personal information
e. Be indemnified for any damages sustained due to such inaccurate,
incomplete, outdated, false, unlawfully obtained or unauthorized use of
personal information.
5. When is the registration of data processing system not required?
In accordance with Sections 46 and 47, a PIC or PIP with less than 250
workers is exempt from registration requirements unless the processing is
likely to endanger the rights and freedoms of data subjects or involves at least
1000 people's private data.
E-commerce:
1. What is the objective of e-commerce act?
Under Section 3, the objective of the e-commerce act is to facilitate
domestic and international dealings, transactions, arrangements, agreements,
contracts, exchanges, and storage of information through use of electronic,
optical, and similar medium, mode, instrumentality, and technology, to
recognize the authenticity and dependability of electronic data messages or
electronic documents related to such activities; and to promote the widespread
use of electronic transactions in the government and by the general public.
2. Illustrate the electronic document, electronic message and electronic
signature by giving a scenario.
3. What are the conditions to recognize e-signature legally?
Under Sec 8, the conditions are “An electronic signature on the electronic
documents shall be equivalent to the signature of a person on a written
document if the signature is an electronic signature and proved by showing
that a prescribed procedure, not alterable by the parties interested in the
electronic document, existed under which -
a) A method is used to identify the party sought to be bound and to indicate
said party’s access to the electronic document necessary for his consent or
approval through the electronic signature; b) Said method is reliable and
appropriate for the purpose for which the electronic document was generated
or communicated, in the light of all circumstances, including any relevant
agreement; c) It is necessary for the party sought to be bound, in order to
proceed further with the transaction, to have executed or provided the
electronic signature; and d) The other party is authorized and enabled to verify
the electronic signature and to make the decision to proceed with the
transaction authenticated by the same.”
4. What government agency is authorized to implement the law and explain
its authority?
Department of Trade and Industry or DTI
5. Explain the evidentiary weight of electronic data or signature.
According to Section 12(12), “In any legal proceedings, nothing in the
application of the rules on evidence shall deny the admissibility of an electronic
data message or electronic document in evidence (a) On the sole ground that
it is in electronic form; or (b) On the ground that it is not in the standard written
form, and the electronic data message or electronic document meeting, and
complying with the requirements under Sections 6 or 7 hereof shall be the best
evidence of the agreement and transaction contained therein.”
REFERENCES
Office of Bagay-Villamor & Fabiosa. (n.d.). Philippine Laws on Trademarks. Iprotect.
https://iprotect.ph/intellectual-property-code-trademark01.htm#:%7E:text=%22Mark%22%20means%20any%20visible%20sign,or%20ma
rked%20container%20of%20goods.&text=%22Trade%20name%22%20means%2
0the%20name,identifying%20or%20distinguishing%20an%20enterprise.&text=No
n%2Duse%20of%20a%20Mark%20When%20Excused.
Republic Act No. 8293 | GOVPH. (1997, June 6). Official Gazette of the Republic of
the Philippines. https://www.officialgazette.gov.ph/1997/06/06/republic-act-no8293/
P&L LawPamaos & Labao Law Firm (P&L Law) is a full-service professional legal
firm. (2020, May 9). Data Privacy principles (rule IV): Data Privacy Act " Philippine
e-legal forum. Philippine e-Legal Forum. Retrieved July 23, 2022, from https://pnllaw.com/blog/data-privacy-principles-rule-iv-data-privacyact/#:~:text=Principles%20of%20Transparency%2C%20Legitimate%20Purpose%
20and%20Proportionality.,%2C%20legitimate%20purpose%2C%20and%20propor
tionality.
Regulations - banking laws. Bangko Sentral ng Pilipinas. (n.d.). Retrieved July 23,
2022, from https://www.bsp.gov.ph/Pages/Regulations/BankingLaws/RA8791.aspx
Suspicious transaction: Rulebook. Suspicious Transaction | Rulebook. (n.d.).
Retrieved July 23, 2022, from
https://cbben.thomsonreuters.com/rulebook/suspicious-transaction-0
Republic Act 10173 – Data Privacy Act of 2012. (2021, November 11). National
Privacy Commission. https://www.privacy.gov.ph/data-privacy-act/
NPC Circular 17–01 – Registration of Data Processing and Notifications regarding
Automated Decision-Making. (2021, November 11). National Privacy Commission.
https://www.privacy.gov.ph/npc-circular-17-01-registration-data-processingnotifications-regarding-automated-decision-making/
Republic Act No. 8792 | GOVPH. (2000, June 14). Official Gazette of the Republic
of the Philippines. https://www.officialgazette.gov.ph/2000/06/14/republic-act-no8792-s-2000/