SOCIAL AND

PROFESSIONAL
ISSUES
Lesson 4 : THE PROGRAMMER’S SOURCE
OF CODE AND THE INTELLECTUAL
PROPOERTY LAW
Intended Learning
Outcomes
At the end of this chapter, the student is expected to:
1. Discuss the state policy regarding the intellectual property laws;
2. Define patent and enumerate the right conferred by it;
3. Discuss the elements of Patentability;
4. Distinguish invention which are patentable ad non-patentable;
5. Discuss and explain the most common intellectual properties;
6. Discern the instances when there is an infringement of intellectual properties;
7. Identify the person who has the right to the ownership of copyright o different cases;
• 8. Conclude whether or not an acts constitute a
fair use of copyrighted material or not;
• 9. Disituingish plagiarism with copyright
infringement
• 10 Apply and manifest critical thinking skills in
analyzing controversial acts which may or may not
infringe another person’s intellectual property
Rule #1: Thou Shalt Not Use a Computer to Harm Other People

:
•Key Point

THE TEN COMMANDMENTS

Rule #1: Thou shalt not use a computer to harm other people.

Rule #2: Thou shalt not interfere with other people’s

computer work.
Rule #3: Thou shalt not snoop around in other people’s
computer files.
Rule #4: shalt not use a computer to steal.

Rule #5: Thou shalt not use a computer to bear false witness.
Rule #1: Thou Shalt Not Use a Computer to Harm Other People

:
•Key Point

THE TEN COMMANDMENTS

• Rule #6: Thou shalt not copy or use proprietary software for which you have
not paid.

• Rule #7: Thou shalt not use other people’s computer resources without
authorization or proper compensation.

• Rule #8: Thou shalt not appropriate other people’s intellectual output.

• Rule #9: Thou shalt think about the social consequences of the program you
are writing or the system you are designing.

• Rule #10 : Thou shalt always use a computer in ways that ensure consideration
and respect for your fellow humans.
 THE TEN
COMMANDMENTS
OF COMPUTER
ETHICS IN RELATION
TO THE
APPROPRIATE
PHILIPPINE LAWS
THE PROGRAMMER’S SOURCE CODE
INTELLECTUAL CREATION civil code provides for different
modes of acquiring ownership, thus:
(1) Occupation
(2) Law
(3) Donation
(4) Tradition
(5) Intellectual Creation
(6) Prescription
(7) Succession
• If a programmer had written
programs for his employer,
who will own the system, the
employer or the
programmer?
Examples of Intellectual Creation
•An engineer who designs a car which uses a gas-saving device
•Painting by an artist
•Books written by an author
•Logo designed by a student
•Programs written by a programmer
•Newspaper articles
• PowerPoint presentations
•Theses
•Dissertations
INTELLECTUAL PROPERTY
(RA 8293)
• The intellectual property code contains provisions
which protects the rights of authors, inventors,
programmers, and other gifted citizens regarding their
intellectual creations
• Other laws which govern the use of technology:
• E-Commerce law
• Access Devices Regulation Act
• Cybercrime law
RA 8293 – Intellectual Property Code of
the Philippines
Intellectual property rights consists of
(a) Copyright and related rights
(b) Trademarks and Service Marks
(c) Geographic Indications
(d) Industrial Design
(e) Patents
(f) Layout designs
(g) Protection of Undisclosed Information
State Policy Regarding Intellectual
Property
• Section 2 of RA 8293 provides:
• (3) Attracts Foreign Investments
• (4) Ensures Market Access to our Products
• Owner of the trademark would be the sole distributor
of that product unless it authorize another for a fee
(Franchise fee)
• “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.
What is the First to File Rule?

•If two or more inventors create the

same invention independently: The
patent goes to the inventor who files first.
•If two or more applications are filed for
the same invention: The patent goes to
the application with the earliest filing date.
An effective intellectual and industrial
property system is vital
1. To The Development of Domestic and Creative
Activity
2. Facilitates Transfer of Technology
3. Attracts Foreign Investment
4. Ensures Market Access to out products
5. The use of intellectual Property bears a social
functiond
• Section 29. First to File Rule. - if two or more
persons have made the invention separately and
independently of each other, the right to the
patent shall belong to the person who filed an
application for such invention, or where two or
more applications are filed for the same
invention, to the applicant who has the earliest
filing date or, the earliest priority date. (3rd
Sentence, Sec. 10 R.A. No. 165a.)
Advantages of Securing a Patent

• Exclusive Rights to the Invention

• Legal Protection
• Increased Market Value and Profit
• Attracting Investments
Most Common Trademark,
Intellectual
Property Copyright, and

Patents
Trademark

• Definition: a word, phrase, logo, or symbol

that distinguishes goods or services of one
company from those of others. Trademarks
serve as a brand identity.
• Trademark owners can prevent others from
using confusingly similar marks.
Copyright
• Definition: grants authors of original works in the literary
and artistic domains the exclusive rights to reproduce,
distribute, and display their creations. Copyright protects
the expression of ideas, not the idea itself.
• Ownership and Economic Rights:
1. Reproduce
2. Publicly perform or display the work.
3. Derivative
4. Distribute
Patent
• Definition: A government-granted right that gives inventors the
ability to exclude others from making, using, or selling their
inventions. A patent is valid for a specific period, usually 20 years
from the filing date.
• Types of Patents:
• Utility Patents
• Design Patents
• Plant Patents
PEARL DEAN v. SHOEMART, GR No.
148222, 2003-08-15
 Question:
Can Tabako University restrain their programmer
Andrei, from using the system he developed
originally for them so that Marlboro University and
others cannot use them?
Copyright Ownership Under the
Intellectual Property Law
Section 178.3(b) of the IP Code:
Copyright generally belongs to the employer
(Tabako University) if the work was created by an
employee (Andrei) as part of his regularly assigned
duties.
Can the Employer Demand as
a Matter or Right the Source
Code of the System
Developed by His
Programmer-Employee?
Employer as Copyright Owner

• Section 178.3 of the IP Code:As a general rule,

the employer owns the copyright to any work
created by an employee, such as a programmer,
when the work is developed within the scope of
the employee's regular duties. This means that
the employer has the right to demand the source
code from the employee, as the source code is
considered a product of the employee’s work
performed for the employer.
• If the employee is able to develop or
design a patentable invention during
the course of their employment using
the facilities and materials of their
employer, who shall own the patent?
• Section 30.2 governs the ownership of patents
when an employee develops an invention in the
course of their employment. It provides two key
scenarios that determine who owns the patent:
• Scenario (a): The invention is not part of the
employee’s regular duties.
• Scenario (b): The invention is part of the
employee’s regular duties.
• 2. Invention Not Part of Regular Duties: Employee
Owns the Patent
• Section 30.2(a):
If the employee develops a patentable invention
that is not part of their regular duties—even if they
use the employer’s time, facilities, or materials—
the employee retains ownership of the patent.
This means that the employee, not the employer,
can claim the patent as their own.
• 3. Invention Part of Regular Duties: Employer Owns the Patent
• Section 30.2(b):
If the employee’s inventive activity is part of their regularly-assigned duties as
defined in their employment contract, the employer owns the patent. This is
because the invention is considered a work product generated as part of the
employee’s job responsibilities.
• Exception: Agreement to the Contrary
However, this rule is subject to any express or implied agreement between the
employer and employee. If the parties have agreed that the employee will retain
ownership of inventions developed during the course of their employment, such
an agreement would override the default rule.
• 4. Comparing Patent Ownership with Copyright Ownership
• Patent Ownership in Employment:
The key difference between patent and copyright ownership lies in the concept of
inventive activity versus creative works:
• In patent law, the primary determinant is whether the invention arises from the
employee’s regular duties. If it is, the employer owns the patent; if it’s not, the
employee owns the patent.
• In copyright law, the ownership is generally granted to the employer if the work
was created by the employee in the course of employment unless there is an
agreement that specifies otherwise.
 Employer-Employee
vs.
Commissioned Work
Reproduction of a Computer Program:
• Legal Right to Reproduce a Computer Program
• The Intellectual Property Code (IPC) allows the lawful
owner of a computer program to reproduce one (1) back-
up copy of the software without seeking the authorization
of the copyright holder.
• This right is granted under specific conditions outlined by
the law, which protect both the interests of the copyright
holder and the user.
Are Computer Programs Considered Trade
Secrets?
• Definition of a Trade Secret
• A trade secret is defined as any plan, process, tool,
mechanism, or compound that is known only to its owner
and those of his employees who need to know it for
business purposes.
• It also includes secret formulas or processes that are not
patented but are used in creating commercial products.
Reproduction of a Computer Program:
Legal Framework

• Legal Right to Reproduce a Computer Program

• The Intellectual Property Code (IPC) allows the lawful owner of a
computer program to reproduce one (1) back-up copy of the software
without seeking the authorization of the copyright holder.
• This right is granted under specific conditions outlined by the law,
which protect both the interests of the copyright holder and the user.
Are Computer Programs Considered as
Trade Secret?
• Definition of a Trade Secret
• A trade secret is defined as any plan, process, tool, mechanism, or compound that is
known only to its owner and those of his employees who need to know it for business
purposes.
• It also includes secret formulas or processes that are not patented but are used in
creating commerc
• General Rule:
Typically, computer programs are not considered trade secrets. A computer program, by
itself, is typically treated as a product protected under copyright law rather than as a
trade secret.
Copyright Infringement and Plagiarism
Distinguished
• Copyright Infringement: A Legal Issue
Definition: Copyright infringement occurs when someone
uses a copyrighted work (e.g., music, literature, art,
software) without the permission of the copyright holder,
thereby violating the rights protected under intellectual
property law.
• Plagiarism: An Ethical Issue
Definition: Plagiarism involves taking someone else's work,
ideas, or words and passing them off as one’s own. This is
not just a legal violation but also an ethical breach.
Can Words and Ideas Really Be Stolen?

• Yes. In the eyes of the law, ideas and expressions are protected as
intellectual property under copyright laws.

All of the following are considered plagiarism:

• turning in someone else’s work as your own
• copying words or ideas from someone else without giving credit
• failing to put quotation marks in quotations
• giving incorrect information about the source of a quotation
• changing words but copying the sentence structure of a source without giving
credit
• copying so many words or ideas from a source that it makes up the majority
of your work whether you give credit or not
What about images,
videos, and music?
Using an image, video or piece of
music in a work you have produced
without receiving proper permission
or providing appropriate citation is
plagiarism.
 Is plagiarism
against the law?
Although plagiarism is not a criminal or
civil offense, plagiarism is illegal, if it
infringes an author’s intellectual
property rights, including copyright or
trademark. The owner of a copyright
can sue a plagiarizer in court for
copyright violation.
Software Piracy
Software piracy is a term used to
describe the act of illegally using,
copying or distributing software without
ownership or legal rights

(Computer Hope, 2019).

Types of Software Piracy
(According to NortonLifeLock)

Internet Piracy: Downloading or distributing copyrighted software online, often

through free download sites, auction platforms, or peer-to-peer networks.
End User Piracy: Unauthorized copying of software for personal or professional
use, such as installing one licensed copy on multiple devices or distributing it
without proper authorization.
Client-Server Overuse: Using a central copy of software for more users than
allowed by the license in a network environment.
Hard-Disk Loading: Businesses selling computers with illegal software pre-
installed to attract buyers.
THANK YOU
FOR LISTENING
SOURCE:
SOCIAL,, ETHICAL, LEGAL AND PROFESSIONAL ISSUES IN COMPUTING
• CHARLEMAGNE G. LAVINA