Philippine IT Laws and Policies • E-Commerece Law (RA8792) • Intellectual Property Code of the Philippines (RA8293) DE CASTRO OBOG TEVES Electronic Commerce Law Republic Act No. 8792 E-Commerce Law (RA8792) Republic Act No. 8792, also known as the Electronic Commerce Act of 2000, provides the legal framework for electronic transactions in the Philippines. The main points of the law are as follows: 1. Legal Recognition of Electronic Data Messages 2. Electronic Commerce and Business 3. Electronic Payment Systems 4. Consumer Protection 5. Government Regulations 6. Cybercrimes 7. Implementation and Enforcement https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-8792-s-2000/ Legal Recognition of Electronic Data Messages Electronic data messages, electronic documents, and electronic signatures are deemed equivalent to paper-based documents and signatures. This means that electronic documents and signatures can be used as evidence in court. Electronic Commerce and Business The law recognizes the validity of electronic contracts and electronic signatures in the conduct of commercial and business transactions. Electronic Payment Systems The law provides for the use of electronic payment systems for the settlement of financial transactions. https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-8792-s-2000/ Consumer Protection The law requires the disclosure of relevant information about the products or services offered in electronic transactions, including the price, delivery arrangements, and terms of payment. The law also requires the use of security measures to protect the confidentiality and integrity of personal information. Government Regulations The law provides for the regulation of electronic commerce by government agencies to ensure compliance with applicable laws and regulations. Cybercrimes The law provides for the punishment of cybercrimes, including hacking, computer-related fraud, and the unauthorized access to computer systems. https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-8792-s-2000/ Implementation and Enforcement The law establishes the Department of Trade and Industry (DTI) as the lead agency for the implementation and enforcement of the law. The DTI is also tasked with developing policies and programs to promote the development of electronic commerce in the Philippines. Penalties • Hacking or cracking - minimum fine of One hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years; • Piracy - minimum fine of One hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years; • Other violations of the provisions of this Act, shall be penalized with a maximum penalty of One million pesos (P1,000,000.00) or six (6) years imprisonment. https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-8792-s-2000/ Intellectual Property Code of the Philippines Republic Act No. 8293 Intellectual Property Code of the Philippines (RA8293) Republic Act No. 8293, also known as the Intellectual Property Code of the Philippines, is a law that provides for the protection and enforcement of intellectual property rights in the Philippines. The main points of the law are: 1. Types of Intellectual Property Rights 2. Registration and Protection 3. Infringement 4. Remedies 5. Fair Use 6. International Agreements https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/ Types of Intellectual Property Rights • Copyright and Related Rights • Trademarks and Service Marks • Geographic Indications • Industrial Designs • Patents • Trade Secrets • Layout-Designs (Topographies) of Integrated Circuits https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/ Registration and Protection The law establishes a system for the registration and protection of intellectual property rights. Intellectual property owners may register their rights with the Intellectual Property Office (IPO) to obtain legal protection and exclusive rights to use their property. Infringement The law prohibits the unauthorized use or infringement of intellectual property rights. Anyone who violates these rights may be subject to civil or criminal penalties. https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/ Remedies The law provides for various remedies for infringement, including injunctions, damages, and criminal prosecution. Intellectual property owners may also seek administrative remedies through the IPO. Fair Use The law allows for certain limited exceptions to intellectual property rights for purposes such as education, research, and criticism. International Agreements The law recognizes the Philippines' obligations under various international agreements related to intellectual property, including the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/ Penalties • First offenders - fine of PhP50,000 to PhP150,000 and/or imprisonment of 1 to 3 years • Second offenders - fine of PhP150,000 to PhP500,000 and/or imprisonment of 3 to 6 years • 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. https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/
