Part 3 Flashcards

1
Q

is any type of illegal activity that takes place via digital means. Data theft is,

also includes a wide range of malicious activity as well, such as cyberbullying or planting worms or viruses.

divided into two distinct categories: those that cause intentional damage and those that cause unintentional damage. In most cases, the damage is financial but not always.

A

Cybercrime

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2
Q

or instance, is illegal when it constitutes a threat to a person’s physical safety, involves coercion or displays hate or bias against certain protected populations. In that case, the damage is not financial, but it is still a crime. Unintentional damage might include a disgruntled employee planting a “harmless” virus that disrupts business in any way. While it may not cause the same immediate financial damage as stealing proprietary or financial information, it still causes collateral financial damage due to both lost employee time and whatever money the company has to spend to fix the problem.

A

Cyber bullying

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3
Q

Common forms of cybercrime

A

Common forms of cybercrime include:
phishing: using fake email messages to get personal information from internet users;
misusing personal information (identity theft);
hacking: shutting down or misusing websites or computer networks;
spreading hate and inciting terrorism;
distributing child pornography;
grooming: making sexual advances to minors.

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4
Q

A virus with the vision of creating a program that is capable of stealing passwords in computers, ultimately to have free access to the internet.

A

Love Bug/ILOVEYOU Virus by Onel De Guzman

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5
Q

“Child Pornography Refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of a child engaged or involved in real or
simulated explicit sexual activities.

A

R.A. 9775-Anti- Child Pornography Act of 2009

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6
Q

formerly known as the “Anti-Cyberboso Bill” aims to protect the dignity and privacy of all Filipinos and guarantees full respect for human rights. “As Filipinos, it is our obligation to look after our fellowmen. This bill is one way of protecting our kababayans legistativey.
The Bill prohibits taking of photo or video of sexual activities, private parts without the consent of the people concerned, copying and reproducing, Selling, and distributing, and publishing and broadcasting
such materials.
According to the bill, imprisonment of not less than three but not more than seven years with the fine of not less than P100,000, but not more than P 500,00 awaits the offender/s.

A

THE “ANT-PHOTO AND VIDEO VOYEURISM ACT OF 2009

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7
Q

It is otherwise known as the Electronic Commerce Act of 2000 [E-Commerce Act)

A

Ra 8792

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8
Q

refers to any transactions conducted through digital means. It includes business- to-business transactions and sales merchandise or information and products to consumers. Though the term originally means “selling on-line”, it has evolved to mean conducting business on-line ina amore general sense, including customer service functions, sales, marketing, public relations, advertising and other similar matters.

A

Electronic Commerce

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9
Q

Generally, it refers to any product of the human intellect that is deemed unique and potentially valuable in the marketplace, including an idea, invention, literary creation, unique name, business method, industrial process, chemical formula, and computer program.

A

Ip or Intellectual property

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10
Q

IP Rights in the Philippines

A

The term “intellectual property rights” consists of:
a) Copyright and Related Rights;
b) Trademarks and Service Marks;
c) Geographic Indications;
d) Industrial Designs;
e) Patents;
f) Layout-Designs (Topographies) of Integrated Circuits; and
g) Protection of Undisclosed Information (n, TRIPS).

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11
Q

a legal term used to describe exclusive rights granted to authors, artists and other creators for their creations. The IP Code extends legal protection in the form of copyright to the owner of the rights of an original work, such as art, music, writing, movies, and software and other works listed in Section 172 of the IP Code.

A

Copyright

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12
Q

How Long does COPYRIGHT legal protection last

A

Legal protection lasts for fifty (50) years after the death of the author of the original or derivative work. For photographic and audio-visual works, the term is fifty (50) years from the date of publication.

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13
Q

defined as rights granted to an inventor of a technical solution of a problem in any field of human activity that is: • NEW • involves an INVENTIVE STEP • and is INDUSTRIALLY APPLICABLE.
confers its owner the exclusive right to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing the patented product. If the subject matter of the patent is a process, then the right granted is the right to restrain, prohibit and prevent any unauthorized person or entity from using the process, and from manufacturing, dealing in, using, selling or offering for sale, or importing any products obtained directly or indirectly from such process.

A

Patents

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14
Q

How Long does PATENT legal protection last

A

Protection for patents lasts for twenty (20) years from filing of application, subject to payment of annuities for validity. A utility model registration’s term is seven (7) years after the filing date of the application and is not renewable. Patent rights belong to the inventor, his heirs, or assignees. When two or more persons have jointly made an invention, the right to a patent shall belong to them jointly.

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15
Q

any composition of shape, lines, colors, or a combination thereof, or any three-dimensional form, whether or not associated with shape, lines, or colors, which produce an aesthetic and ornamental effect in their tout ensemble or when taken as a whole; Provided, that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft. include articles of manufacture that belong to the useful or practical art, or any part including thereof, which can be made and sold separately.
An industrial design must be any new or original creation relating to the ornamental features of shape, configuration, form, or combination thereof, of an article of manufacture, whether or not associated with lines, patterns or colours, which impart an aesthetic and pleasing appearance to the article.

A

Industrial products

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16
Q

How Long does INDUSTRIAL DESIGNS legal protection last

A

An industrial design registration is valid for a period of five (5) years from the date of the application and is renewable for two consecutive five (5) year periods by paying the renewal fee. The maximum total duration is fifteen (15) years.

17
Q

any visible sign capable of distinguishing the goods (trade mark) or services (service mark) of an enterprise and can include a stamped or marked container of goods.

A

Trade marks

18
Q

The IP Code highlights marks that cannot be registered, this may consist of:

A

immoral, deceptive or scandalous matters,
the flag or coat of arms or other insignia of the Philippines, any of its political subdivisions or that of a foreign nation, or any simulation thereof;
a name, portrait or signature identifying a particular living individual except by his written consent;
shapes that may be necessitated by technical factors or by the nature of the goods themselves or factors that affect their intrinsic value;
colour alone, unless defined by a given form; or
something contrary to public order or morality.
Colour, or a combination of colours alone, cannot be registered, unless defined by a given form.

19
Q

How long TRADE MARKS does legal protection last?

A

Ten (10) years from registration date, subject to filing of DAU within three (3) years from application filing date and within one (1) year from the 5th anniversary of t

20
Q

Whilst the IP Code includes “protection of undisclosed information” as one of the intellectual property rights, it does not define it. Presently, there is no law that defines trade secrets in the Philippines but the Supreme Court, in the case of Air Philippines Corp. v. Pennswell Inc., G.R. 172835, 13 December 2007, adopted the definition of the term from Black’s Law Dictionary:
is defined as a plan or process, tool, mechanism or compound known only to its owner and those of his employees to whom it is necessary to confide it.

A

A trade secret

21
Q

How LONG TRADE SECRET does legal protection last?

A

Atrade secret canbeprotectedindefinitely aslongas thesecretis commercially valuable, its value derives from the fact that it issecret, and the owner take reasonable precautions to maintain itssecrecy.

22
Q

Major environmental problems includes pollution, illegal mining and logging, deforestation, dynamite fishing, landslide, coastal erosion, wildlife extinction, global warming and climate change.

A

Environmental crimes

23
Q

Is an offense involving overt acts or omissions, which prejudice the interest of the state, its government, or the political system.

A

Crimes and politics or political crime