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Legal Issues Concerning Educational Technology and Innovation

Prepared by: Emever K. Iniego

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SCOPE

• Intellectual Property Rights - Copyright - Software

- Digital Content - Digital Images

- Plagiarism - Patents - Trademarks

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“ There is no doubt that creativity is the most important human resource of all. Without creativity there would be no progress, and we would forever be repeating the same patterns.”

– Edward de Bono

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Intellectual Property (IP)

• refers to results of intellectual activity in the industrial, scientific, literary, or artistic fields.

• It typically refers to such items as literary artistic works, which include material, music, drama, and paintings; inventions; and commercial identities, such as logos and brand names.

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MUSIC

SOFTWARE

VIDEO GAME

DVD OR VIDEO MOVIE

BOOKS or any publishing

articles

Section 2. Declaration of State Policy. - The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. 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.The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good.

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COPYRIGHTS

• a set of exclusive rights granted by the law of a jurisdiction to the author or creator of an original work, including the right to copy, distribute and adapt the work.

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Section 172 of the IP Code lists the works covered by copyright protection from the moment of their creation, namely:

• Books, pamphlets, articles and other writings• Periodicals and newspapers• Lectures, sermons, addresses, dissertations

prepared for oral delivery, whether or not reduced in writing or other material form

• Letters• Dramatic or dramatic-musical compositions;

choreographic works or entertainment in dumb shows

• Musical compositions, with or without words.

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• Works of drawing, painting, architecture, sculpture, engraving, lithography or other work of art; models or designs for works of art

• Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art

• Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science

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• Drawings or plastic works of a scientific or technical character

• Photographic works including works produced by a process analogous to photography; lantern slides

• Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings

• Pictorial illustrations and advertisements

• Computer programs

• Other literary, scholarly, scientific and artistic works.

WHAT IS THE TERM OF PROTECTION OF COPYRIGHT?

In general, the term of protection of copyright for original and derivative works is the life of the author plus fifty (50) years after his death. The Code specifies the terms of protection for the different types of works.

In calculating the term of protection, the term of protection subsequent to the death of the author shall run from the date of his death or of publication, but such terms shall always be deemed to begin on the first day of January of the year following the event which gave rise to them (i.e. death, publication, making).

WHAT CONSTITUTES INFRINGEMENT? Under the IP Code

Copyright infringement consists in infringing any right secured or protected under the Code. It may also consist in aiding or abetting such infringement. The law also provides for the liability of a person who at the time when copyright subsists in a work has in his possession an article which he knows, or ought to know, to be an infringing copy of the work for the purpose of: -Selling or letting for hire, or by way of trade offering or exposing for sale or hire, the article;

-Distributing the article for the purpose of trade, or for any other purpose to an extent that will prejudice the rights of the copyright owner in the work;

-Trade exhibit of the article in public.

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Digital Digital ContentContent

DigitalDigital ImagesImages

PlagiarismPlagiarism

SoftwareSoftware Copyrights

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DIGITAL CONTENT

• Products available in digital form. It typically refers to music, information and images that are available for download or distribution on electronic media.

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SOFTWARE

• general term for the various kinds of programs used to operate computers and related devices.

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DIGITAL IMAGES

• a representation of a two-dimensional image as a finite set of digital values, called picture elements or pixels.

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PLAGIARISM

• the unauthorized use or close imitation of the language and thoughts of another author and the representation of them as one's own original work.

There are ways on how we could determine if the works of our students are plagiarized. There are a number of sites in the internet that could be of great help if we doubt our students’ works.

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Print/Photocopy Plagiarism (Internet & Books)

Printing or photocopying Images/Statistics/Tables/Timelines from a source and pasting them to a project board.

Word-for-Word Plagiarism (Internet & Encyclopedia)

Looking at the screen or at a book and copying the words directly into a presentation or report.

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PATENT

• a grant issued by the government through the Intellectual Property Office of the Philippines (IP Philippines). It is an exclusive right granted for a product, process or an improvement of a product or process which is new, inventive and useful. This exclusive right gives the inventor the right to exclude others from making, using, or selling the product of his invention during the life of the patent.

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PATENTABLE INVENTIONS

        • A Technical Solution to a Problem   • It must be NEW         • It must involve an INVENTIVE STEP

        • It must be INDUSTRIALLY APPLICABLE

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TRADEMARK

• a word, name, symbol, or device to distinguish one company and its products from another. It is a very effective tool that makes the public remember the quality of goods and services. Once a trademark becomes known, the public will keep on patronizing the products and services.

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HOW CAN YOU PROTECT YOUR MARK?

In the Philippines, a trademark can be protected through registration. Registration gives the trademark owner the exclusive right to use the mark and to prevent others from using the same or similar marks on identical or related goods and services.

The right to a trademark is granted to the one who first files a trademark application with the IP Philippines. Before applying for trademark registration, it would help if you conduct a search in the trademarks database to determine if there are identical or similar marks that would prevent the registration of your mark. This is to prevent future conflicts with marks that are already registered or with earlier filing dates.

THANK YOU