INTELLECTUAL PROPERTY LAW (Rep. Act No.

8293) & THE LATEST

INFORMATION TECHNOLOGY
by MILAGROS SANTOS-ONG
SEMINAR ON: BREAKING THE BARRIERS: PHILIPPPINE GROUP OF LAW LIBRARIANS PALMAS DEL Mar, Bacolod City April 27, 2010

LAWS
Agpalo in his book entitled, Statutory Construction, (1995, p.1) defined Law as a rule of conduct formulated and made obligatory by legitimate power of the state. It includes statutes enacted by legislature, issuances of the President in exercise of legislative power..

LAWS

SOME OF LAWS NEED TO BE AMENDED TO BE ATTUNED TO THE TIMES OR TO THE PRESENT CONDITIONS ONE OF THESE LAWS IS THE INTELLECTUAL PROPERTY LAW - Rep.
Act No. 8293

HISTORY OF COPYRIGHT LAWS

1.

Law on Intellectual Property on January 10, 1879

published in the Gaceta de Madrid on Jan. 12, 1879.

2. Spanish Copyright Law came to the Phil by way of the Royal

Decree of May 5, 1887.

3. US Copyright Law under the Treaty of Paris of 10th December

1898.
4.

Act No. 3134

by the Philippine Legislature on March 6, 1924.

1st intellectual property law patterned after the US Copyright Law.

5. Republic Act No. 167, An Act to Provide the Transfer of

Powers, Duties and Functions Relating to the Registration and Protection of Copyrights From the National Library to the Patent Office. June 20, 1947.

6. Civil Code (1949), Art. 721-724 of Rep. Act No. 386 (of. Provisions are on Intellectual Creations. 7. Presidential
Property. passed during Martial Law on December 15, 1972.

Decree No. 49, Decree on Intellectual

8.Presidential Decree No. 285, Authorizing the

Compulsory Licensing or Reprinting of Educational Scientific or Cultural Books and Materials as a Temporary or Emergency Measure Whenever the Prices Thereof Become So Exorbitant as to be Detrimental to the National Interest. September 3, 1973

9. Presidential Decree No. 400, Amending Presidential

Decree No. 285. March 1, 1974.

10. Presidential Decree No. 1203, Further Amending

Presidential Decree 285, as Amended by Presidential Decree No. 400. September 27, 1977

11. Republic Act No. 8792, An Act

Providing for the Recognition and Use of Electronic Commercial and, Non-Commercial Transactions, Penalties for Unlawful Use Thereof, and Other Purpose, popularly known as the E-Commerce Law, signed into law on June 14, 2000, Implementing Rules and Regulations of the Electronic Commerce Act one month after the approval of the law, 13th July 2000.

11. INTELLECTUAL PROPERTY LAW

Republic Act No. 8293, An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, passed June 6 1997
and took effect January 1, 1998.

Incorporated provisions of international agreements wherein the

Phil. is a signatory such as the Berne Convention for the Protection of Literary and Artistic Works ( August 1, 1951), Exchange of Notes with the United States for the protection and enforcement of int llectual property rights on April 6, 1993, WTO TRIPS Agreement (Agreement on Trade Related Aspects in Intellectual Property Rights) on Dec. 15, 1994 and the Dec. 1996 World Intellectual Property Organization (WIPO) Geneva Protocol which covered the protection of digital technology.

AMENDMENTS TO REP. ACT NO. 8293, INTELLECTUAL PROPERTY CODE

Republic Act No. 9502

June 6, 2008

CHEAPER AND QUALITY MEDICINES ACT,

Chapter 2 of Rep. Act No. 8293, on patents of medicines Republic Act No. 9239 Feb. 10, 2004 Regulating Optical Media, Reorganizing the VIDEOGRAM REGULATORY BOARD

REPUBLIC ACT NO. 9168 June 7, 2002 Phil. Plant Variety Protection Act of 2002 Section 2. Statement of Policies.
a) The State recognizes that an effective intellectual property system in general and the development of new plant variety in particular is vital in attaining food security for the country. To this end, it shall protect and secure the exclusive rights of breeders with respect to their new plant variety particularly when beneficial to the people for such periods as provided for in this Act. b) The use of intellectual property bears a socioeconomic function. To this end, the State shall promote the diffusion of technology and information for the promotion of national development and progress for the common good.

REPUBLIC ACT NO. 10055

S.B. NO. 3416 H.B. 5208

An act providing the framework and support system for the ownership, management, use and commercialization of Intellectual Property generated from research and development funded by government and other purposes.
Approved March 23, 2010. Effective 15 days after publication Business Mirror, April 23, 2010

PHILIPPINE TECHNOLOGY TRANSFER ACT OF 2009

Prepared by the Jt. Cttee.on Trade & Commerce, Science & Technology and Finance with Senators Angara, Legarda and Roxas

S.B. NO. 3416

S. B. 1721 introduced by Sen. Angara S. B. No. 2595 introduced by Sen. Legarda H.B. 5208 introduced by Congressman Abaya, Piamonte, Castelo-Daza, Chavez, etc.

Business Mirror, April 23, 2010 or last FRIDAY!

Approved March 23, 2010. Effective 15 days after publication

TECH-TRANSFER LAW SEEN TO BOOST&D, ECONOMY By Lynn Resurreccion (front page)

REPUBLIC ACT NO. 10055 - FULL TEXT (middle)

Hasten the process of technology commercialization and broaden the scope protection of intellectual-property rights in government research and development institutions
Low patents for local research 1,215 patents, 24 local (sambong) 2006 1,814 patents, 28 local - 2007

COPYRIGHT PROVISIONS

Copyright is vested upon the author or

creator from the time of creation irrespective of their mode or form of expression, as well as their content, quality and purpose. Existing copyright laws primarily cover tangible or printed literary and artistic works.

LIMITATIONS ON COPYRIGHT Section 184. Limitations on Copyright. - 184.1. Notwithstanding the provisions of Chapter V, the following acts shall not constitute infringement of copyright:

(h) The use made of a work by or under the direction or control of the Government, by the National Library or by educational, scientific or professional institutions where such use is in the public interest and is compatible with fair use; (k) Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner.
GOVERNMENT/PUBLIC RECORDS such as official legislation (law), court decisions, administrative or legal documents. - Section 176 of Republic Act No. 8293). This holds true to other works of government

Pirated bills

Atty. Adrian Cristobal Jr., Director of the Intellectual Property Office, wrote an article, Copyright and Government Works. Business Mirror, Aug. 30, 2007,
stated that recently a member of Congress complained that one of his bills was pirated and passed into law but under another legislators name. Bills are considered as government works which are not protected by the Copyright law (Section 176 of Republic Act No. 8293). This holds true to other works of government such as official legislation (law), court decisions, administrative or legal documents. However, the government has proprietary rights if works are exploited for profits.

EXCEPTION NOT FOUND IN THE IPL BUT WAS PROMULGATED COVERING DIGITAL WORKS
5. A.M. No. 04-7-06-SC, Re: Conditions on the Commercial Exploitation of Supreme Court Decisions (July 20, 20040 - covers those who compile and reproduce decisions in printed and digital forms. Publishers are required to deposit to the Supreme Court Library twenty (20) copies of their publications.

The term "compilation" shall refer to a complete collection of all decisions of the Supreme Court covering a period of more than twenty (20) years. "Commercial exploitation" shall mean selling such compilation to the public for profit;

6. A.M. No. 04-7-06-SC on Aug. 17, 2004 clarified the

term compilation to cover complete collection of all decisions of the Supreme Court covering the period of more than twenty (20) years.

SECTION 176. Works of the Government. 176.1. No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties.

DURATION OF COPYRIGHT

Sec. 213.1 of Republic Act No. 8293 the lifetime of the author and for 50 years after his death. Joint authorship, the economic rights are protected during the lifetime of the surviving author and for 50 years after his death. anonymous or pseudonymous works, protection is for 50 years from the date of publication or from the date of its making if unpublished, 50 years after his death audio-visual or photographic works, be 50 years from publication or from its making, if unpublished. Works of applied arts, 25 years from the date of making

ISSUES AND CONCERNS FOR Librarians

1. Fair Use Doctrine, sec 185 2. Reproduction of the work, sec.177.1, sec 187.
3. Reproduction by Libraries, Sec. 188.

4. Digital works

Supreme Court on copyright

There are thirty eight (38) decided cases (APPENDIX ), wherein the copyright owners complied with the copyright registration at the National Library.

COPYRIGHT INFRINGEMENT IN BOOKS/PRINTED MATERIALS

1. Pedro Serrano Laktaw v. Mamerto Paglinawan, G.R. No. 11937, April 1, 1918,

(44 Phil. 856-866) - registered literary work entitled Diccionario Hispano-Tagalog which was copied entries in the book entitled Diccionariong Kastila-Tagalog, in violation to article 7 of the Intellectual Property Law of January 10, 1879. The Court rule that there was infringement and ordered the book to be pulled out of the market.

Habana v. Robles
G.R. No. 131522, July 1, 1999 (369 Phil. 764-798)

This case may be classified as a landmark case for librarians for it is the only case that deals with books and fair use of Republic Act No. 8293. Chief Justice Davide Jr. dissenting opinion, evaluated and analyzed the facts of caseas if he was a Librarian for he included library practice and terminologies in cataloging and classification

system of book classification, the different kinds of card catalogs and their entries, use of punctuation marks,paragraphs, the characteristics of an effective paragraph language structure, different parts of a book, etc.
recognized library classification systems (Dewey Decimal System and the Library of Congress System), or how a book can be divided into parts (frontispiece, title page, copyright page, preface, table of contents, etc.) or to the different headings used in a card catalogue (title card, author card and subject card)

Major Consideration

Petitioners claim that respondents lifted, copied, plagiarized and/or transposed certain portions of their book, College English for Today, (CET) without securing their permission in the respondents book, Developing English Proficiency. DEP) In addition to plagiarism the complaint include misrepresentation adversely and substantially diminished the sale of the petitioners book and caused them damage by way of unrealized income. Both books were issued copyright registration.

The Court ruled that the copying alone is not the cause of infringement but injurious effect or the harm that it has caused to the complainant. The injury caused by the respondent Robles is lifting from petitioners book materials and misrepresenting them as her own. When respondent circulated the book for commercial use without acknowledging petitioners as her source, this may have adversely and substantially diminished the sale of the petitioners book and caused them damage by way of unrealized income.

Reproduction

Reproduction is a major problem as far as copyright laws are concerned. Photocopying shops surround the universities. This condition has not been solved and based on International Intellectual Property Alliance (IIPA) in their 2007 Special 301 Report (page 373), statistics trade loss attributed to reproduction is increasing. Said report has even identified the areas university beltin Manila and a particular street in most cities Reproduction of downloaded works by uploading then in other websites/blogs, etc. OR printing/photcopying Reproduction of Computer Programs, Sec. 189.1

DIGITAL WORKS AND THE NET

In the Unites States, the Digital Millennium Copyright Act (DMCA), Pub. L. No. 105304, 112 Stat. 2860, was signed by President Bill Clinton on 28th October 1998l, covers webcasting activities. This law provides that it is a crime to create or sell any technology that could be used to break copyright protection devises.

 Intellectual

Act No. 8293

Property Code

Rep.

passed June 6 1997 and took effect January 1, 1998.

DIGITAL WORKS
There are no clear cut rules or expressed provisions of copyright law on digital technology. Sec. 172, Republic Act No. 8293 explicitly included computer programs in its enumeration of said works. However the use of mode or form of expression in section 172.2 maybe interpreted as to cover digital works.

4. Reproduction of Computer Programs, Sec. 189.1

Reproduction of one backup copy or adaptation is permitted provided: (a) Use of the program in conjunction with the purpose and to the extent to which the computer program is obtained; (b) Archival purposes or replacement of the lawfully obtained copy which is lost, destroyed or rendered unusable.

Section 189.2

No copy or adaption mentioned in this Section shall be used for any other purpose other than the ones determined in this Section, and any such copy or adaptation shall be detestroyed in the event that continued posession of the copy of the computer program ceases to be lawful.

Section 189.3

This provision shall be without prejudice to the application of Section 185 whenever appropriate.

Section 185- Fair use of copyrighted works

Republic Act No. 8792

E-Commerce Law

More explicit provisions on digital works but is more in business-to business and business-to-consumers transaction. However, it recognizes the use of electronic documents, criminalizes hacking of computers or the launching of viruses and penalizes piracy of copyrighted works (Sec. 31(b)). To guarantee its implementation, this law provides for penalties to related crimes particularly those that involve hacking and piracy.

Republic Act No. 8484 is an act regulating the issuance and use of access devices, prohibiting fraudulent acts committed relative thereto, providing penalties. - Deals more specifically on commercial devices such as ATMs and commercial transactions

AMENDMENT TO
Rep. Act No. 8293 - Intellectual Property Code

passed June 6 1997

MUST BE ATTUNED TO THE TIME OR TO THE PRESENT CONDITIONS AND TO COMPLY WITH INTERNATIONAL LAWS AND TREATIES WHEREIN THE PHILIPPINES IS A SIGNATORY

EXECUTIVE ISSUANCE

Adm. Order No. 86

Nov. 3, 2003

Directing All Government Agencies and Intrumentalities, Including Local Government Units, to Render Full Assistance and Cooperation in the Creation of Appropriate Linkages of their Existing Electronic Databases with the Executive Information System of the Office of the President.

PENDING BILLS

Senate Bill No. 880 An Act Amending Certain Provisions of Rep. Act No. 8293 - Intellectual Property Code Senator Edgardo J. Angara who authored this bill, stated that this bill was filed to respond to the upsurge of internet piracy internet hackers victimizing even government websites and contents. (www.senate.gov.ph/press_release/2009/0606_angara2.asp)

DOJ Enchanted Kingdom

House Bills No. 322 and 3308 by Congresswoman

Imee Marcos (Ilocos) and Congressman Joey Salceda (Albay), the House of Representativess amendments to the IPL were deliberated on in the Committee on Trade & Industry chaired by Congressman Junie Cua (Quinine)
(http://congress.gov.ph)committees/commnews_det.p..)

House Bills No. 3741 and 4217 by Congresmen Rodriguez and Tieng respectively

WIPO COPYRIGHT TREATY (WCT)& WIPO PHONOGRAMS TREATY (WPPT)

came into force in the Philippines on October 4, 2002

A signatory is under obligation to provide legal framework of basic rights, to ensure that creators may control the use and employment of their works as they are disseminated through the new technologies and communication systems; and technological adjuncts to ensure that rightholders can effectively protect their rights and to license their works online.

INTELLECTUAL PROPERTY COALITION INC. REPORT

Submitted via http://regulations .gov John J. Lesaca, Chairman Numeriano F. Rodriguez , Jr., Secretary-General

2008: Issues and Challenges in the Protection and Advancement of Intellectual Property Rights in the Philippines
Recommendations: 1.Passage of the bills specially to implement Internet Treaties 2. Adoption of defintiverules on the prosecution level, including search and seizures, search warrants 4. Strengthening the role and function of the OMB 5. Creation of more IP Courts or IP dedicated

Software Piracy

Aniceto Ribao in his article Legal and practical considerations of software piracy (World Bulletin 13, 44. (1997)

Now Popular - Open Source Software in the Internet which can be used to suit specific needs

http://www.strategiweb.com/Phil_ipr.php

5 Common types of software piracy:

1. End-user piracy -corporate end-user piracy, additional copies without authorization 2. Client-server overuse too many employees on a network use a central copy program at
the same time

3. Internet piracy software sale online

Pirate websites software for free in exchange for uploaded programs Internet auction sites offer counterfiet, out-of-channel infringing software Peer-to-Peer networks enable unauthorized transfer of copyrighted programs

4. Hard disk Piracy OLD new computer loads illegal copies of software 5. Software counterfeiting illegal duplication and sale of copyrighted material with the
intent of directly imitating the copyrighted product

MOST VISIBLE Sale of Counterfeit CD-Roms

SOFTWARE PIRACY

http:www.strategiweb.com/Phil_ipr.php YOU MAY ONLY COPY, ADOPT OR RENT A COMPUTER PROGRAM IF THE COPYRIGHT OWNER GIVES YOU THE PERMISSION TO DO THIS. THIS PERMISSION IS GIVEN IN THE FORM OF LICENSE.

Techie Mommy;Learning and teaching online Good Possibilities (A Series Part 1) By JAYE C. BAUTISTA April 7, 2009, 2:40pm

Internet usage increased from 23 percent in 2007 to 28 percent in 2008. Around 28% of Filipinos in National Urban Philippines have accessed the internet in the past month. 5% access the internet every day. That is an estimated 20 million internet users up by 5% from the last years estimate.

They also look for advice online before buying things as well as other avenues of learning. Internet cafes are an important access point. 71% have accessed the internet from internet cafes in the past 3 months. 47% of all internet time are spent in internet cafes. (This was based on Yahoo! & Nielsen First Ever Internet Habits Study for the Philippines)

WORKS IN THE ON THE INTERNET

BLOGS FRIENDSTER FACEBOOK WHAT MUST BE DONE?

PHILIPPINES STILL IN THE WATCHLIST

International Intellectual Property Alliance (IIPA) in their 2007 Special 301 Report (page 377) (www.iipa.com/rbc/2007/2007SPEC301PHILIPPI NESpdf) stated that the increase in 2006, the availability of broadband both homes and internet cafes has increase the threat of illegal downloads to legitimate sales and distribution. Motion picture industry and local music recording industry are affected by the illegal loading of pirated music. MP3 format recording are illegally downloaded to mobile phones, flash drives, recordable discs and even computer hard drive.

Copyrighted works placed in the Internet

Full text of Articles, transactions or any information found in the Internet have implied consent or implied license from the author to download or printed and/or use it
The full text of some cannot be read unless the reader pays or subscribes to it.
House Bills No. 322 & 3308 deliberation IPO Director General Adrian Cristobal Jr. stated, data, music. Other works posted in the internet form part of the public domain and are this freely downloable. However, there is infringement of the law if these information, dataare being exploited for profit.

FOR BOTH INSTANCES

Infringement is committed when a portion(s) or the whole material is copied and forms part of another publication/website/blog without acknowledging AND/OR asking the author or asking his consent.

OTHER LAWS AFFECTED/INFRINGED

1. PLAGIARISM

Another cause of action when there is no acknowledgment and/or consent of the author The much publicized plagiarism case is the commencement address of Manuel Pangilinan at the

graduation exercises of Ateneo de Manila Schools of Humanities & Social Science last March 27 which contains passages or paragraphs from the works or speeches of J. K. Rowling, Conan OBrien, Oprah Winfrey an Barack Obama.

Mr. Pangilinan admitted his guilt for the speech was done by 2 speechwriters

Academic dishonesty in China by Gillian Wong, Manila Standard, April 12, 2010 Ghostwriting, plagiarizing is rampant in China for professors need to author research papers to get promoted. One ghost writers fee is aout 300 yuan or $45. This pressure to publish created ghostwriting boom werein nearly 1 billion yuan (about $145 million) was senton academic papers. This is also required in some colleges and universities in the Philippines not only for promotion but for permanent/full-time status.

PLAGIARISM

INQUIRER EDITORIAL (April 5, 2010) Defined Plagiarism as the act of passing off as ones own the ideas or writings of another. William Shakespeare, T.S. Elliot, Jack London. Alex Haley settled out of court for $650,000 for more than 80 passages of Harold Courlanders The African in his Pulitzer Prize winning, The Roots.

INQUIRER EDITORIAL (April 5, 2010)

Measures to avoid charge of plagiarism: 1. If you use someone elses ideas, YOU SHOULD CITE THE SOURCE; 2. If the way youre using the source is unclear, MAKE IT CLEAR; and 3. If you receive help from someone in writing the paper (or report or speech), ACKNOWLEDGE IT Even if one is paraphrasing, one is still using someones ideas and arguments and MUST CITE the original work.

Rina Jimenez-David

Like the Inquirer editorial, Ms. David wrote that plagiarism could have been sidestepped by the wise use of quotation marks and timely use of such remarks as: as J.K. Rowling put it or as a far wiser person like Oprah Winfrey put it

Uploaded in the Kraft E-Group acknowledging the Source

POPEYES Fritters

Recipe By: Popeye's Published in: Detroit News Publish Date: January, 2008
Makes 4 side dishes. Ingredients: 1 box spinach -- chopped frozen thawed and squeezed dry 1/4 cup onion -- finely chopped 2 eggs 2 Tbsp flour 1 tsp cumin salt and pepper to taste 2 Tbsp olive oil Method: In a large bowl, stir together 1 (10-ounce) package frozen, chopped spinach, thawed and squeezed dry, with 1/4 cup finely chopped onion, 2 eggs, 2 tablespoons flour, 1 teaspoon ground cumin and salt and pepper to taste. Heat 2 tablespoons olive oil in large skillet and spoon heaping tablespoons of spinach batter into hot oil, do not overcrowd pan. Cook the fritters on each side until brown and crispy, about 4-5 minutes total. Recipe Notes: Coming up with a super veggie dish isn't always easy in the winter months. Options are limited, but these spinach fritters are so good you could even serve them as a main course along with rice or a Waldorf salad.

2. LIBEL

Article 353 of the Revised Penal Code defines libel as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

2. LIBEL

Requisites must concur: (a) it must be defamatory; (b) it must be malicious; (c) it must be given publicity; and (d) the victim must be identifiable. .

A recent case of Libel is

The case filed by Supreme Court Justice Presbitero Velasco for 13 counts of libel against Marites Vitug for her online article on ABS-CBNNEWS.com/Nesbreak entitled SC Justice in Partisan Politics, which appeared for 13 consective days. Senatorial candidate - Libel for internet data line with the issue of a candidates psychological tests

c. Election Law

Internet ads not restricted by new Comelec guidelines KIMBERLY JANE T. TAN, GMANews.TV 02/05/2010 | 11:38 PM Moreover, the Commission is unable to restrict election propaganda disseminated on the Internet. "There are no guidelines as of yet [but] this is not something that we are going to tread lightly on," he said, without elaborating. Candidates are already advertising on social media such as Facebook and through Google ads, not to mention established media web sites (Disclosure: GMANews.TV is one such news site that has hosted political ads). With its millions of web sites and blogs, the Internet is a nightmare for government regulators anywhere.

Jaemark Tordecilla and Justine Espina-Letrgo (PCIJ)

Election laws abandoned by candidates in online campainging, Manila Times, April 8-10, 2010 Online, betws wage war sans rules, cap on costs, Phil. Star, April 9-10, 2010
Filipino internet users is pegged at aro und 24 million and mobile phone users at around 63 million Candidates have taken interets on those figures to put up complex, interactive websites of their own, even as they litter popular online publications, blogs and social networks with political propaganda. Textblasting or sending of unsolicited SMS messages YouTube

d. Labor law

1. Dismissal from service Blog material 2 Appointments 3. On-Line application

e. Censorship vis--vis INTERNET FREEDOM

Chin Wong in article Protecting online freedom (Digitial Life column, Manila Standard,) Sec of State Hillarys speech in support of Internet Freedom U.S. vision of single internet where all of humanity has equal access to knowledge and ideas Internet censorship in China, Vietnam, Saudi Arabia, Egypt, Tunisia & Uzbekistan

Googles announcement to pull out of China unless it stop censoring search results. To investigate reports that hackers are exploiting a security hole in Microsofts Internet explorer browser to hack Google Mail accounts of human rights activists protesting policies. Italys censorship from the evils of pornography. Australia Philippines is thru the bill Cybercrime Preventon Act as an offshoot of the Hyden Khos case

Access Policy

Blocking of Facebook and some social social networks, even YouTube Rationle 1. work disruption 2. viruses 3. affects the access speed of institutional networks

POLYTECHNIQUE UNIVERSITY OF THE PHILIPPINES WEBSITE

Terms of Use

Acceptance of Terms The information contained in PUPWebSite ("INFO") is provided by PUP and may be used for informational purposes only. By downloading any of the INFO contained in PUPWebSite, you agree to the terms and provisions as outlined in this legal notice. If you do not agree to them, do not use this site or download INFO. PUPWebSite and all its components (that are located within PUPWebSite) are protected by copyright laws and international copyright treaties, as well as other intellectual property rights laws and treaties. PUPWebSite is accessed within conditional usage, not on full-entry access. These include, but not limited to, the following provisions: GRANT OF CONDITIONAL USAGE. PUPWebSite is within conditional usage as follows: Visiting, Browsing, and Interaction. PUP grants you conditional access to visit, browse, and interact with PUPWebSite as long as you abide with this TOU on your computers running validly licensed copies of software for which PUPWebSite was designed. Ownership of Data. The INFO in PUPWebSite is owned by PUP and is managed by PUP ICT Center. This INFO is protected by intellectual property rights and may not be distributed, modified, reproduced in whole or in part without prior written permission from PUP and PUP ICT Center. The images from PUPWebSite may not be reproduced in any form without the prior advance written consent from PUP ICT Center (from which the images were originally developed). The University and PUPWebSite's inscription and PUPWebSite, consisting the logo and the typeface, should follow the standard. It cannot be altered in any way, such as in layout, shape, font, font style, font size, position or color. When permission to reproduce materials are granted, the University and PUPWebSite should be acknowledged as the source of the materials. Other data used in PUPWebSite, which is copyrighted by other entities are properly acknowledged within the Web page. Reference Copies. You may also make copies of CERTAIN parts of PUPWebSite as may be necessary for educational, reference, and archival purposes only. (Please read the "Ownership of Data" clause) Links to Other Web sites. . When you access a non-PUPWebSite, it is independent from the University and that PUP has no control over the content on that site and it does not mean that PUP endorses or accepts any responsibility for the content or use of such site. Other name entities of other organizations used within PUPWebSite are also protected by copyright laws and international treaties.

CONCLUSION

LIBRARIANS AS PROFESSIONALS must be honest and upright and should not compromise their principles. They should: 1. Always cite the source and/or simply remember to I quote.. 2. Internet use mustnot be abused Blocking and/or restrictions 3. Police each other Might have forgotten the law or are simply not aware that a law is infringed 4. Library Cooperation - Post in the library association websites or blog important articles. PAARLwikipedia Congratulation 5. Respect website policy specially its restrictions

APPENDIX
SUPREME COURT DECISIONS ON COPURIGHT INFRINGEMENT 1. Habana v. Robles, G.R. No. 131522, July 19, 1999 2.Pearl and Dean (Phil) Inc. v. Shoemart Inc. G.R. No. 148222, August 15, 2003
Illuminated Display units wherein certificate of registration was issued Pres. Decree No. 49

3. Ching v. Salinas Sr., G.R. No.161295, June 29, 2005 4. Leif Spring Eye Bushing for Automobile manufacturers 5. Joaquin Jr. v. Drilon, G.R. No. 108946, January 28, 1999, 302 SCRA 225 (1999).

Copyright to a TV program Its a Date

6. NBI-Microsoft Corp. v. Hwan, G.R. No. 147043, June 21, 2005

7.

Microsoft Corp. v. Maxicorp. Inc., G.R. No. 140946, September 13, 2004

Licensing agreement and the Department of Justices grave abuse of discretion

8. Columbia Pictures Inc. v. Court of Appeals. G.R. No. 110318, August 29, 1996, , 261 SCRA 144 9. Sambar v. Levis Straus & Co., Gr. No. 132604, March 6, 2002 10. Levis Straus (Phil) v. Vogue Traders Clothing Co., G.R. No. 132993, June 29, 2000

Unfair competition pursuant to Pres. Decree No. 49 and the Revised Penal Code

Copyright on motion pictures and the validity of the search warrants - Pres. Decree No. 49

Director of National Library was order to cancel registration - Design on the back pocket of European jeans

Copyright infringement of Live & Original Jeans, pocket design

12. Summerville Merchandising v. Court of Appeals, G.R. No. 158767, June 26, 2007 13. Uniliver Philippines v. Court of Appeals, G.R. No. 119298, August 10,2006

Plastic container of playing cards

Airing of TV commercial of laundry soap double tagtac-toc. Certificate of registration was issued

14. Mighty Corporation v. E & J Gallo Winery, G.R. No. 154342, July 14, 2004

15.Columbia Pictures Entertainment Inc. v. Court of Appeals. G.R. No. 111267, September 20, 1996

Certificate of registration by the National Library was issued for La Campanas lifetime copyright claim over Gallo cigarette labels

Probable cause to determine copyright infringement of

films

16. Mirpuri v. Court of Appeals, G.R No. 114508, November 19, 1999
Trademark infringement of Barbison - Convention of Paris for the Protection of Industrial Property

17. Manly Sportwear v. Dsdotte Ent., G.R. No. 165306, September 20, 2005

Copyright on sportswear

18. Bayanihan Music v. BMG, G.R. No. 166337, March 7, 2005

Certificate of registration by the National Library was issued for 2 musical composition of Jose Mari Chan

19. Sony Music Phils. V. Espanol, G.R. No. 156804, March 14, 2005

Pirated CDs

20. Kho v. Court of Appeals, G.R. No. 115758, March 19, 2002
Oval facial cream case as shown in its Certificate of registration

21. Kho v. Summerville Merchandising, G.R. No. 144100, August 29, 2000
Certificate of registration by the National Library on container of beauty cream

22. Kho v. Lansanas, G.R. No. 150877, May 4, 2006

Oval facial cream case

23. People v. Choi, G.R. No. 152950

Probable cause on copyright infringement on fake cigaretts

24. People v. Estrada, G.R. No. 124461, September 25, 1998, 296 SCRA 383
Search for pirated CD Pres. Decree No. 49

25. Serrano v. NLRC, G.R. 117040, May 4, 2000

Probable cause for issuance of search warrant

26.McDonalds v. Big Mak, G.R. No. 143993, August 18, 2004 27. Cucueco v. Court of Appeals, October 25, 2004 28. Sony Computer Entertainment Inc. v. Right Future Technology, G.R. No. 169156. Feb. 15, 2007

29. Phoenix Publishing House, Inc. v. Ramos, G.R. No. L-32339, March 29, 1988, 159 SCRA 383 (1988).
Reprint, published and distributed the of 2 books

30. 20th Century Fox Film Corp. v. Court of Appeals, G.R. Nos. 76649-51, August 19, 1988. 164 SCRA 655 (1988). 31. Laktaw v. Mamerto Paglinawan, G.R. No. 11937, April 1, 1918 (44 Phil. 856-866)

32. United States v. Yam Tung Way, G. R. No. L6217, December 18, 1911
Copied, printed and reproduced a literary work with out consent

Copyright infringement of a dictionary

33. Philippine Education Co. Inc. V. Sotto, G.R. No. L-300774, January 29, 1929
Common courtesy among newspaper men to give the source of reproduction

34. Ocampo v. Tancinco, G.R. No. L-5967, January 31, 1955) 35. Mauro Malang Santos v. McCullough Printing Co., G.R. No. L-19439, October 31, 1964
Use of a design for a christmas card used by Amb. Neri

36. Filipino Society of Composers, Authors and Publishers Inc. v. Tan, G.R. NO. 36402, March 16, 1987
Singing of Dahil sa Iyo in a restaurant

37. SANRIO COMPANY LIMITED vs. EDGAR C. LIM, doing business as ORIGNAMURA TRADING, G.R. No. 168662 , February 19, 2008 38.PEOPLE vs. CHRISTOPHER CHOI, G.R. No. 152950, August 3, 2006
a search warrant for violation of Section 168, paragraphs 2 and 3 (a) and (c), in relation to Section 169 of RA 8293