CAVITE STATE UNIVERSITY

Don Severino Delas Alas Campus

Indang, Cavite
College of Engineering and Information Technology
Department of Computer and Electronics Engineering

Ethical Issues: Related

Laws
Submitted by:
Ryan Angelo Chua
Kim Diaz
Dan Son John Fialde
Allen Paul Ilagan
Abel James Lualhati

Submitted to:
Mrs. Marivic Dizon
Instructor
 E-commerce refers to business over the internet. It is the process of buying and selling
goods electronically by consumers and from company to company through computerized
business transactions commercial transactions based on electronic transmission of data over
communication networks such as the Internet.

Electronic Commerce Act

Electronic Commerce Act or the Republic act number 8792 OF PHILIPPINES

ELECTRONIC COMMERCE ACT OF 2000 by the Senate and House of Representatives of the
Republic of the Philippines is an act providing for the recognition and use of electronic
commercial and non-commercial transactions and documents, penalties for unlawful use thereof
and for other purposes. All existing laws such as the Consumer Act of the Philippines also apply
to e-commerce transactions.

This Republic Act:

 Gives legal recognition of electronic documents, signatures, data messages as evidence in

court.
 It allows the information of contracts in electronic form.
 Makes banking transactions done through ATM switching networks absolute once
consummated.
 Parties are given the right to choose the type and level of security methods that suit their
needs.
 Provides the mandate for the electronic implementation of transport documents to
facilitate carriage of goods.
 This includes documents such as, but not limited to, multi-modal, airport, road, rail,
inland waterway, courier, post receipts, transport documents issued by freight forwarders,
marine/ocean bill of lading, non-negotiable seaway bill, charter party bill of lading.
 Mandates the government to have the capability to do e-commerce.
 Mandates RPWeb to be implemented. RPWeb is a strategy that intends to connect all
government offices to the Internet and provide universal access to the general public.
 The DOTC, NTC, and NCC will come up with policies and rules that shall lead to
substantial reduction of costs of telecommunication and Internet facilities to ensure the
implementation of RPWeb.
 Made cable, broadcast, and wireless physical infrastructure within the activity of
telecommunications.
 Empowers the Department of Trade and Industry to supervise the development of e-
commerce in the country. It can also come up with policies and regulations, when
needed, to facilitate the growth of e-commerce.
 Provided guidelines as to when a service provider can be liable.
 Authorities and parties with the legal right can only gain access to electronic documents,
electronic data messages, and electronic signatures. For confidentiality purposes, it shall
not share or convey to any other person.
  Hacking or cracking, refers to unauthorized access including the introduction of computer
viruses
 Failure to follow this act is punishable by a fine from 100 thousand to maximum
commensurating to the damage. With imprisonment from 6 months to 3 years.

Access Device Regulation Act

Access Device Regulation act also known as the Access Devices Regulation Act of 1998,
is an act regulating the issuance and use of access devices and prohibiting the fraudulent acts
committed relative thereto, among others. By enacting this legislation, the State recognizes the
recent advances in technology and the widespread use of access devices in commercial
transactions. The Law took effect on February 11, 1998. Under the law, an access device means
any card, plate, code, account number, electronic serial number, personal identification number
and other telecommunication services, equipment or instrumental-identifier or other means of
account access that can be used to obtain money, goods, services or any other thing of value or to
initiate a transfer of funds other than a transfer originated solely by paper instrument.

Violations under Republic Act No. 8484

 Producing, using, trafficking in one or more counterfeit access devices.

 Trafficking in one or more unauthorized access devices or access devices
fraudulently applied for.
 Using, with intent to defraud, an unauthorized access device.
 Using an access device fraudulently applied for.
 Possessing one or more counterfeit access devices or access devices fraudulently
applied for.
 Producing, trafficking in, having control or custody of, or possessing device-making
or altering equipment without being in the business or employment, this lawfully
deals with the manufacture, issuance, or distribution of such equipment.
 Inducing, enticing, permitting or in any manner allowing another, for consideration or
otherwise to produce, use, traffic in counterfeit access devices, unauthorized access
devices or access devices fraudulently applied for.
 Multiple imprinting on more than one transaction record, sales slip or similar
document, thereby making it appear that the device holder has entered into a
transaction other than those which said device holder had lawfully contracted for, or
submitting, without being an affiliated merchant, an order to collect from the issuer of
the access device, such extra sales slip through an affiliated merchant who connives
therewith, or, under false pretenses of being an affiliated merchant, present for
collection such sales slips, and similar documents.
 Disclosing any information imprinted on the access device, such as, but not limited
to, the account number or name or address of the device holder, without the latter's
authority or permission.
 Obtaining money or anything of value through the use of an access device, with intent
to defraud or with intent to gain and fleeing thereafter.
  Having in one's possession, without authority from the owner of the access device or
the access device company, an access device, or any material, such as slips, carbon
paper, or any other medium, on which the access device is written, printed, embossed,
or otherwise indicated.
 Writing or causing to be written on sales slips, approval numbers from the issuer of
the access device of the fact of approval, where in fact no such approval was given, or
where, if given, what is written is deliberately different from the approval actually
given.
 Making any alteration, without the access device holder's authority, of any amount or
other information written on the sales slip.
 Effecting transaction, with one or more access devices issued to another person or
persons, to receive payment or any other thing of value.
 without the authorization of the issuer of the access device, soliciting a person for the
purpose of:

A. offering an access device; or

B. Selling information regarding or an application to obtain an access device.

 Without the authorization of the credit card system member or its agent, causing or
arranging for another person to present to the member or its agent, for payment, one
or more evidence or records of transactions made by credit card.

Penalty in violating RA 8484 is fine of Ten thousand pesos (P10,000.00) or twice the
value obtained by the offense, or imprisonment for not less than twelve (12) years and not more
than twenty (20) years.

Intellectual Property Code

Republic Act No. 8293 [An Act Prescribing the Intellectual Property Code and
Establishing the Intellectual Property Office, Providing for Its Powers and Functions, and for
Other Purposes]otherwise known as the Intellectual Property Code of the Philippines. 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. It is also the policy of the State to streamline administrative procedures of
registering patents, trademarks and copyright, to liberalize the registration on the transfer of
technology, and to enhance the enforcement of intellectual property rights in the Philippines.

Republic Act No. 8293 repealed all Acts and parts of Acts inconsistent therewith, more
particularly:

 Republic Act No. 165, as amended [An Act Creating a Patent Office, Prescribing its
Powers and Duties, Regulating the Issuance of Patents, and Appropriating Funds
Therefor];
  Republic Act No. 166, as amended[An Act to Provide for the Registration and
Protection of Trademarks, Trade-Names, and Service-Marks, Defining Unfair
Competition and False Marking and Providing Remedies Against the Same, and for
Other Purposes].
 Presidential Decree No. 49 [Decree on the Protection of Intellectual Property];
 Presidential Decree No. 285, as amended [Decree on the Protection of Intellectual
Property];
 Articles 188 and 189 of the Revised Penal Code of the Philippines.

Parts of the Law

PART I - The Intellectual Property Office

PART II - The Law on Patents
PART III - The Law on Trademarks, Service Marks and Trade Names
PART IV - The Law on Copyright
PART V - Final Provisions

IP Rights

1. Copyright and related rights;

2. Trademarks and service marks;
3. Geographic indications;
4. Industrial designs;
5. Patents;
6. Layout designs [topographies] of integrated circuits; and
7. Protection of undisclosed information.

Significant Changes

 A shift was made from the "first-to-invent system" under R. A. 165 [old law] to "first-to-
file system" under the new law.
 In the case of inventions, the period of the grant was increased from 17 years from grant
under the old law to 20 years from date of filing under the new law.
 In the case of utility models, the previous grant of 5 years plus renewals of 5 years each
under the old law was changed to 7 years without renewal under the new law.
 In the case of industrial designs, the previous grant of 5 years plus renewals of 5 years
each was maintained.
 Under the former law, penalties for infringement, unfair competition, false designation of
origin and false description or representation range from fine of PhP500 to PhP2,000
and/or 6 months to 3 years and 4 months of imprisonment; while under the latter law, the
penalties range from fine of PhP50,000 to PhP200,000 and/or 2 to 5 years of
imprisonment.
 Under the former, the term granted is 20 years renewable for 20-year periods; while
under the latter, the term is for 10 years, renewable for 10-year periods.
 It is now required that after the first public dissemination of performance by authority of
the copyright owner of certain specified work, there shall, for the purpose of completing
the records of the National Library and the Supreme Court library, within three (3)
weeks, be registered and deposited with it, by personal delivery or by registered mail, two
(2) complete copies or reproductions of the work in such form as the directors of said
libraries may prescribe.