Elizabeth Nsubuga

Social Issues and Professional Practice

2nd Semester 2024-2025
Handout 2
Midterm Period
Spend your energy focusing on what you are learning,
instead of worrying about your grade…. ~Anonymous
 Our Class Guidelines

❑Observe 5S: The classroom must be Clean and Tidy

❑All electronic gadgets must be switched to silent mode and
put way inside the bags until the end of the class period
❑Stand up and Pray at the beginning and the end of the class.
❑Proper and Complete Uniform is mandatory
❑Attendance
❑Seat plan: Alphabetical (negotiable)
❑Observe the ‘LPU English Speaking Campus’ rule inside
the classroom
❑Be punctual: 15 minutes late will be considered absent
❑Missed lessons for whatever reason will not be repeated
❑Missed assignments, seatwork, and quizzes must be
completed before periodical examinations
 Course Description
❑This course examines the intricate relationship between contemporary social
issues and professional practices in the field of Information Technology (IT).
The course introduces ethics and ethical theories and provides discussions on
the ethical dilemmas and issues facing IT practitioners. Students will explore
how technology and IT solutions interact with and impact societal challenges
such as privacy, data security, digital equity, accessibility, ethics, the digital
divide, and the societal impacts of emerging technologies.
❑Topics include the social impact of emerging technologies like artificial
intelligence, cybersecurity risks, online misinformation, and the responsible
development and deployment of technology. An appreciation and discussion
of the Code of Ethics of IT Professionals and appropriate Cyber Laws in the
Philippines are also included.
❑The course is designed to equip students with the knowledge and skills
necessary to address and navigate social challenges in their professional IT
careers, fostering a commitment to ethical, inclusive, and socially
responsible behavior in the tech industry.
❑By the end of the course, students will be equipped with the knowledge to
make informed decisions, propose solutions to social problems, and navigate
the ethical complexities inherent in the IT field.
 Course Description
Learning Objectives:

❑Understand the intersection between social issues

and IT professional practice.
❑Analyze the impact of social, cultural, and political
factors on the IT industry.
❑Develop strategies for ethical computing and
responsible data management.
❑Engage in critical discussions and reflections on
the societal impacts of technology.
❑Apply theoretical knowledge to real-world IT
scenarios.
 Standard Grading

Quizzes 35%
Seat Works 25%
Major Examination 40%
FINAL GRADE =
(Prelim Term Grade + Midterm Grade
+ Final Grade)/3
 Course Overview
Prelim Period Topics
❑Lesson 1 - Common Ethical Theories
❑Lesson 2 - Computer Ethics
Prelim Period Exam

Midterm Period Topics

❑Lesson 3 - Impact of Technology on Privacy
❑Lesson 4 - The Programmer’s Source Code and the Intellectual Property Law
Midterm Period Exam

Final Period Topics

❑Lesson 5 - The Blogger’s Freedom of Expression and the Cyber Libel Law
Final Period Exam
 Midterm Period Topics

Major Topics to be Included:

Lesson 3 - Impact of Technology on Privacy

Lesson 4 - The Programmer’s Source Code and

the Intellectual Property Law

Midterm Period Exam

 Lesson 4
The Programmer’s Source Code and the
Intellectual Property Law
Major Topics will include:

❑Introduction to Intellectual Property (IP) and its Relevance

to Programmers
❑Copyright and the Programmer’s Source Code
❑Professional and Ethical Issues
❑Legal Implications and Challenges
❑Social Issues and Impacts of Intellectual Property in
Software Development
❑Fair Use of Copyrighted Materials
❑Copyright Infringement vs. Plagiarism
❑The Intellectual Property Code (RA 8293)
❑Utility Model
 SWK 2M 50 Points
Initial Group of 5 Research Activity
Instructions...
1.Use all tools available to you (The Internet, the
Library, and any form of literature) to find
significant content about The Programmer’s
Source Code and the Intellectual Property Law
in terms of your given area of coverage...
2.Please use Microsoft Word Document…
3.Please State your area of coverage clearly...
4.Please clearly indicate all your references at the
end of your document
5.Document name: “DCSNSWK2MGroup No”
6.To be presented in class...
 SWK 3M Questions
Refer to your assigned topic for SWK 3M and
briefly discuss the following questions:

1. Introduce your topic... 15pts

2. Identify three key issues that qualify your
topic to be included in The Programmer’s
Source Code and the Intellectual Property
Law discussion... 35pts
 Topic 4
The Programmer’s Source Code and
the Intellectual Property Law
Objective:

❑This lesson explores the intersection of intellectual property (IP) law

with the work of programmers, specifically their source code.
❑It covers key aspects of how programmers' work is protected under
IP laws, the ethical implications, and the social and professional
responsibilities that come with coding.
❑This lesson offers a comprehensive overview of the critical
intersection between programming and intellectual property law,
providing insight into the ethical and professional challenges faced by
programmers today.
 Topic 4
The Programmer’s Source Code and
the Intellectual Property Law
Introduction to Intellectual Property (IP) and its Relevance to Programmers

❑Intellectual property (IP) refers to works or creations of the mind, such as

inventions, literary works, designs, symbols, names, and images used in
commerce.
❑Intellectual Property Laws protect these works of the mind. to enable creators to
earn recognition or financial benefits.
❑Common types of IP include patents, copyrights, trademarks, and trade
secrets.
❑In the context of programming, the source code written by programmers is
considered a form of intellectual property.
 Topic 4
The Programmer’s Source Code and
the Intellectual Property Law

Introduction to Intellectual Property (IP) and its Relevance to Programmers

Types of IP Protection:
❑Copyright: Protects the original code created by the programmer, granting
them the right to reproduce, distribute, and perform the code.
❑Patents: Can be granted for novel software inventions, algorithms, or
processes, but they are difficult to obtain and require a demonstration of
novelty and utility.
❑Trade Secrets: Source code can also be kept confidential if it provides the
programmer or company with a competitive advantage (e.g., proprietary
software).
 Topic 4
The Programmer’s Source Code and
the Intellectual Property Law
Copyright and the Programmer’s Source Code

❑Ownership of Code: When a programmer writes code, they automatically own

the copyright to that code. However, if the programmer works for an employer,
the employer may own the copyright depending on the terms of the contract.
❑Open Source vs. Closed Source:
➢Open Source: Source code is made available for anyone to use, modify, and
distribute. It’s typically licensed under specific terms (e.g., GNU General
Public License, MIT License).
➢Closed Source: The source code is proprietary, and the programmer or
organization maintains exclusive rights to it.
❑Licensing: A programmer can choose to license their code in various ways. A
license specifies how others can use, modify, or distribute the code.
 Topic 4
The Programmer’s Source Code and
the Intellectual Property Law
Professional and Ethical Issues

❑Code Sharing and Collaboration: As programming becomes more collaborative,

ethical concerns arise regarding the sharing of source code. For example, programmers
may face dilemmas about sharing proprietary code or using others’ open-source code in
commercial products.
❑Reverse Engineering: This involves deconstructing a program to understand how it
works or to replicate its functionality. While this can be used for educational purposes or
to ensure software compatibility, it raises ethical concerns, especially when done without
permission.
❑Plagiarism in Code: Plagiarism means using someone else's work without giving them
proper credit. Just as with written work, copying code without proper attribution is
considered plagiarism. It’s essential to give credit to others when reusing or adapting
code from open-source projects.
 Topic 4
The Programmer’s Source Code and
the Intellectual Property Law
Legal Implications and Challenges

❑ Software Piracy: Unauthorized copying and distribution of software

is illegal and violates copyright law. The rise of online piracy has
made it challenging for software developers to protect their work.
❑ Licensing Violations: Programmers must be aware of the licenses
attached to open-source libraries and frameworks. Failing to comply
with licensing terms (e.g., redistributing code without proper
attribution or violating restrictions) can lead to legal issues.
❑ Patent Infringement: Infringement means a violation or breach of a
right or agreement, such as copyright, trademark, or patent. Some
software patents, particularly those related to algorithms or business
methods, are controversial. Programmers and companies must be
cautious about patent infringement, especially in cases where
multiple patents might overlap.
 Topic 4
The Programmer’s Source Code and
the Intellectual Property Law
Social Issues and Impacts of Intellectual Property in Software Development
❑ Access to Knowledge: Intellectual property laws can sometimes restrict
access to software, especially when it is locked behind proprietary licenses
or patents. This can hinder the development of knowledge and innovation,
especially in underdeveloped regions.
❑ The Role of Open-Source Software: Open-source software has a
significant social impact, providing free access to tools and technologies
that empower individuals, communities, and organizations worldwide. It
fosters collaboration and innovation.
❑ Software and Society: The code created by programmers affects a wide
range of social issues, from privacy concerns in apps and websites to the
ethical implications of artificial intelligence and automated systems.
Programmers must be aware of the broader consequences of their work and
its impact on society.
 Topic 4
The Programmer’s Source Code and
the Intellectual Property Law
Navigating the Intersection of Programming and IP Law

❑Programmers must be aware of the intellectual property laws that

protect their work and understand the ethical and social implications
of the software they create.
❑Balancing the need for protection and innovation is key in the
professional world of programming.
❑Programmers must navigate not only legal frameworks but also the
ethical landscape of their profession, ensuring that their work
contributes positively to society while respecting the rights of others.
 The Programmer’s Source Code and Intellectual Property Law
Fair Use of Copyrighted Materials
Objective:

❑This lesson focuses on the concept of Fair Use as it pertains to copyrighted

materials, especially in the context of a programmer’s source code.
❑It explores the balance between the protection of intellectual property and
the need for fair use in programming practices.
❑By understanding these concepts, programmers can navigate legal and
ethical considerations while working with source code.
❑This lesson aims to give a deeper understanding of fair use in
programming, a critical aspect of navigating intellectual property law and
ethical coding practices.
 The Programmer’s Source Code and Intellectual Property Law
Fair Use of Copyrighted Materials
Understanding Copyright and Fair Use

❑Copyright provides creators with the legal right to control how their works are used,
distributed, and reproduced. In the context of programming, this means that source code is
often protected by copyright, and the programmer or organization who created it has exclusive
rights to its use and distribution.
❑However, the concept of Fair Use allows for certain uses of copyrighted materials without
needing permission from the copyright holder. This is particularly relevant in programming,
where reuse, modification, and incorporation of existing code are often necessary.
❑Fair Use is a legal doctrine that permits limited use of copyrighted works without permission
for specific purposes, such as:
➢Criticism or commentary
➢News reporting
➢Teaching or scholarship
➢Research
➢Parody or satire
 The Programmer’s Source Code and Intellectual Property Law
Fair Use of Copyrighted Materials

The Fair Use Doctrine in the Context of Programming

❑In programming, Fair Use comes into play when developers

wish to reuse, modify, or build upon code that is copyrighted
by others.
❑The challenge lies in determining when this reuse qualifies
as “fair” and when it may infringe upon the copyright
holder's rights. The following four factors determine
whether a use qualifies as fair use:
 The Programmer’s Source Code and Intellectual Property Law
Fair Use of Copyrighted Materials
The Fair Use Doctrine in the Context of Programming

❑The Purpose and Character of the Use:

➢Non-commercial, educational, or transformative uses (such as creating a
new program based on existing code with significant modifications) are
more likely to be considered fair use.
➢Commercial uses (e.g., creating a product for sale) may not be as likely to
qualify for fair use.
❑The Nature of the Copyrighted Work:
➢The use of factual or nonfictional work is more likely to be considered fair
use than the use of creative or fictional works.
➢ A more utilitarian Code (e.g., a software library or API) may be more likely
to fall under fair use than highly creative or artistic software.
 The Programmer’s Source Code and Intellectual Property Law
Fair Use of Copyrighted Materials
The Fair Use Doctrine in the Context of Programming

❑The Amount and Substantiality of the Portion Used:

➢The smaller the portion of the copyrighted work used, the more likely it is to be considered
fair use. Using a small snippet of code (for example, a function or a small algorithm) may
be fair use, while copying large portions of source code likely will not.
➢The "substantiality" refers to whether the portion used represents the heart of the work. If
the portion used is central or critical to the original work, it’s less likely to be fair use.
❑The Effect of the Use on the Market:
➢If the use of the copyrighted code harms the market for the original work (e.g., the reuse
would reduce the demand for the original product), it is less likely to be considered fair
use.
➢On the other hand, if the reuse has little or no effect on the market, it may be more likely
to be fair use.
 The Programmer’s Source Code and Intellectual Property Law
Fair Use of Copyrighted Materials
Examples of Fair Use in Programming

❑Example 1: Reusing a Small Library for Educational Purposes

➢ If a programmer is creating a small educational project or prototype and reuses a small snippet of
open-source code, it may qualify as fair use if it is for non-commercial, educational purposes.
➢ The use is transformative if the programmer is modifying the code or adapting it for a specific
educational project.
❑Example 2: Using Open-Source Code Under Fair Use Principles
➢ If a programmer uses an open-source library with a permissive license (e.g., MIT or GPL), they
are legally allowed to use, modify, and redistribute the code.
➢ However, if they take significant portions of proprietary code without permission and use it in a
new project, even if the project is transformative, it might not qualify as fair use.
❑Example 3: Reverse Engineering for Compatibility
➢ In certain cases, reverse engineering (deconstructing software to understand how it works) may
fall under fair use, particularly if the goal is to ensure interoperability with other software.
➢ For example, a programmer might reverse engineer a video game to create mods or a
compatibility patch for different hardware.
 The Programmer’s Source Code and Intellectual Property Law
Fair Use of Copyrighted Materials
Fair Use vs. Copyright Infringement: What is the Difference?

❑Copyright infringement occurs when someone uses copyrighted material without

permission and doesn’t meet the criteria for fair use. The creator of the copyrighted
material has the right to sue for infringement and seek remedies such as damages or
an injunction to stop the use.
➢For example, if a programmer uses a significant portion of proprietary code in
their project, and this use doesn’t qualify as fair use (e.g., no transformative use
or commercial harm), the copyright holder could file a lawsuit for infringement.
❑Fair Use, on the other hand, provides a legal defense that allows the programmer to
argue that their use of the copyrighted material was within the bounds of the law,
even without permission. If a court determines the use meets the fair use criteria, the
programmer won’t be liable for infringement.
 The Programmer’s Source Code and Intellectual Property Law
Fair Use of Copyrighted Materials
Ethical Considerations in Fair Use and Programming

While fair use allows for certain freedoms, it is essential to consider the ethical
aspects of reusing someone else’s code.
❑Respect for Original Creators: Even if fair use applies, it's important to
give credit to the original creators of the code. Proper attribution is not just a
legal requirement but an ethical one.
❑Avoiding Plagiarism: Even if a reuse is legally permissible under fair use,
claiming someone else’s code as your own without acknowledgment is
unethical and constitutes plagiarism.
❑Potential for Abuse: Programmers should avoid abusing fair use by
justifying excessive or unlicensed copying of code as "fair use" when it
clearly violates the spirit of the law
 The Programmer’s Source Code and Intellectual Property Law
Fair Use of Copyrighted Materials

Challenges and Controversies in Fair Use

❑Ambiguity of Fair Use: The boundaries of fair use can be unclear, especially
when it comes to complex software and large-scale code reuse. What one
programmer considers transformative might be seen as infringement by another.
❑Rise of Patent Trolls: In some cases, patent trolls (entities that own patents but
do not produce products) target developers for patent infringement over minor
code features. This creates additional complexity and risk for programmers
trying to navigate the boundaries of fair use.
❑Global Variations: Intellectual property laws, including fair use, vary between
countries. A use considered fair in one country might not be permissible in
another, creating challenges for international software developers.
 The Programmer’s Source Code and Intellectual Property Law
Fair Use of Copyrighted Materials
Navigating Fair Use in Programming

❑Understanding fair use is crucial for programmers who need to

work with source code created by others.
❑While fair use allows flexibility, it requires careful
consideration of the four factors mentioned above.
❑By respecting copyright laws, giving proper attribution, and
ensuring transformative or minimal use, programmers can
protect themselves from legal issues and uphold ethical
standards
 The Programmer’s Source Code and the Intellectual Property Law
Copyright Infringement vs. Plagiarism

Objective:

❑This lesson explores the legal and ethical distinctions between copyright
infringement and plagiarism in the context of programming.
❑It will clarify the differences, implications, and how programmers can navigate
these issues in their work, ensuring they respect intellectual property laws while
maintaining ethical coding practices
❑This lesson helps clarify the difference between legal violations (copyright
infringement) and ethical violations (plagiarism) within programming,
equipping programmers with the tools to navigate both successfully.
❑By adhering to best practices, such as reading and respecting software licenses,
properly attributing code, and avoiding misrepresentation, programmers can
contribute to a more ethical and legally compliant industry.
 The Programmer’s Source Code and the Intellectual Property Law
Copyright Infringement vs. Plagiarism
Introduction to Copyright and Plagiarism
❑Copyright protects original works of authorship, including software and
source code. This protection gives the creator exclusive rights to use,
reproduce, and distribute their work. In programming, source code is
protected by copyright as soon as it is written, whether or not it is
registered.
❑Plagiarism, on the other hand, is the act of using someone else’s work
(ideas, text, code, etc.) and presenting it as your own without giving proper
credit, regardless of whether the work is copyrighted or not.
❑While both copyright infringement and plagiarism involve the
unauthorized use of someone else’s work, the key difference lies in the legal
implications and the broader ethical considerations.
 The Programmer’s Source Code and the Intellectual Property Law
Copyright Infringement vs. Plagiarism
Copyright Infringement in Programming

❑Copyright infringement occurs when someone violates the exclusive rights of the copyright holder. In
programming, this typically involves using copyrighted source code without permission or exceeding the
rights granted by the license.
❑Key Aspects of Copyright Infringement:
➢ Unauthorized Copying: Using someone else’s code in your program without permission, or beyond
what the license allows, is a violation of copyright.
➢ Distributing or Selling Code: Even if a programmer uses open-source code under the assumption that
it is free to use, they may still be infringing if they fail to comply with the license terms, such as
redistributing the code under the same license.
➢ Derivatives and Modifications: If a programmer modifies existing copyrighted code, it may still be
considered a derivative work, which also requires permission from the original copyright holder unless
it falls under fair use or the code is open-source with a permissive license.
❑Example of Copyright Infringement:
➢ If a developer copies a piece of code from an open-source project with a restrictive license (e.g., GPL)
and incorporates it into their proprietary software without adhering to the license terms (like providing
attribution or making the source code available), this would be a clear case of copyright infringement.
 The Programmer’s Source Code and the Intellectual Property Law
Copyright Infringement vs. Plagiarism
Copyright Infringement in Programming

❑Copyright infringement occurs when someone violates the exclusive rights of the
copyright holder. In programming, this typically involves using copyrighted source code
without permission or exceeding the rights granted by the license.
❑Key Aspects of Copyright Infringement:
➢Unauthorized Copying: Using someone else’s code in your program without
permission, or beyond what the license allows, is a violation of copyright.
➢Distributing or Selling Code: Even if a programmer uses open-source code under
the assumption that it is free to use, they may still be infringing if they fail to comply
with the license terms, such as redistributing the code under the same license.
➢Derivatives and Modifications: If a programmer modifies existing copyrighted
code, it may still be considered a derivative work, which also requires permission
from the original copyright holder unless it falls under fair use or the code is open-
source with a permissive license.
 The Programmer’s Source Code and the Intellectual Property Law
Copyright Infringement vs. Plagiarism

Plagiarism in Programming

❑Example of Plagiarism:
➢If a developer finds an algorithm online and copies it into
their own project without citing the original source, even
though the algorithm is publicly available, this would be
considered plagiarism. This is because the original creator is
not given credit, even though the code might legally be
allowed for use.
 The Programmer’s Source Code and the Intellectual Property Law
Copyright Infringement vs. Plagiarism

Key Differences Between Copyright Infringement and Plagiarism

Aspect Copyright Infringement Plagiarism
Ethical violation involving
Legal violation of the copyright
Definition presenting someone else's work
holder’s exclusive rights.
as your own.
Can damage professional
Can lead to lawsuits, penalties,
Legal Implications reputation and lead to academic
or licensing issues.
or career consequences.
Does not necessarily violate the
Impact on Intellectual Violates the legal rights of the
legal rights but breaches ethical
Property copyright holder.
standards.
Unauthorized use, Lack of acknowledgment or
Focus reproduction, or distribution of misrepresentation of
copyrighted work. authorship.
Using code without proper
Copying code and not citing the
Example attribution or outside of the
original programmer.
license terms.
 The Programmer’s Source Code and the Intellectual Property Law
Copyright Infringement vs. Plagiarism
Legal and Ethical Implications for Programmers
For programmers, legal implications stem from laws and regulations, while ethical implications concern
moral principles and societal norms.
❑Legal Consequences of Copyright Infringement:
➢Lawsuits and Damages: The copyright holder can sue for damages, including statutory
damages, which can be significant. In some cases, a court might order the infringer to
cease using the copyrighted material (injunction).
➢Loss of Licenses: If a programmer is caught infringing on a license, they may lose the
right to use or distribute the software.
❑Ethical Consequences of Plagiarism:
➢Loss of Credibility: In academia or professional settings, being caught plagiarizing can
permanently damage a programmer's reputation.
➢Academic Penalties: For students, plagiarism can result in failing grades, academic
probation, or even expulsion.
➢Professional Consequences: In the workplace, plagiarism can lead to loss of employment,
termination of contracts, or damage to professional relationships.
 The Programmer’s Source Code and the Intellectual Property Law
Copyright Infringement vs. Plagiarism
Strategies for Avoiding Copyright Infringement and Plagiarism

Best Practices for Avoiding Copyright Infringement:

❑Understand and Follow Licenses: Always check the license of any
third-party code you use. Make sure you adhere to its terms and
conditions (e.g., providing attribution, sharing the source code, or not
using it for commercial purposes).
❑Seek Permission for Use: If you plan to use proprietary code in your
project, seek permission from the copyright holder or buy the
appropriate license.
❑Use Open Source Code Responsibly: Familiarize yourself with the
different types of open-source licenses (e.g., MIT, GPL, Apache) and
make sure to comply with the requirements set by those licenses.
 The Programmer’s Source Code and the Intellectual Property Law
Copyright Infringement vs. Plagiarism
Strategies for Avoiding Copyright Infringement and Plagiarism

Best Practices for Avoiding Plagiarism:

❑Give Credit Where It’s Due: Always acknowledge the original creator
of any code you reuse. This applies even if the code is freely available.
❑Document Your Sources: When you use code from external sources,
keep track of where you got it from, and include comments or
documentation in your code to reference the original source.
❑Transform the Code: If you're using someone else’s code, try to
understand it, modify it, or build upon it to make it your own. Simply
copying it without any changes is not acceptable, even with attribution.
 The Programmer’s Source Code and the Intellectual Property Law
Copyright Infringement vs. Plagiarism
Protecting Yourself and Your Work

❑Understanding the distinction between copyright infringement and plagiarism is essential

for any programmer.
❑By respecting intellectual property laws and following ethical standards, you not only
avoid legal issues but also build a reputation as a trustworthy and responsible developer.
➢Copyright infringement can result in significant legal consequences, including
lawsuits and fines.
➢Plagiarism primarily has ethical and professional implications but can also lead to
serious career consequences.

By adhering to best practices, such as reading and respecting software licenses, properly
attributing code, and avoiding misrepresentation, programmers can contribute to a more
ethical and legally compliant industry.
 The Programmer’s Source Code and the Intellectual Property Law
The Intellectual Property Code (RA 8293)

Objective:

❑This lesson outlines the key aspects of the Intellectual Property Code (RA
8293) and its relevance to programmers, helping them navigate the legal
landscape surrounding their source code and software development projects.
❑It provides an in-depth understanding of the Intellectual Property Code of
the Philippines (RA 8293) and how it applies to programmers, particularly
concerning the protection of source code and software.
❑Key provisions of RA 8293, its impact on the programming profession, and
how it relates to issues such as copyright, patenting, and enforcement of
intellectual property rights will be discussed.
 The Programmer’s Source Code and the Intellectual Property Law
The Intellectual Property Code (RA 8293)
Introduction to the Intellectual Property Code of the Philippines (RA 8293)

❑The Intellectual Property Code of the Philippines, formally known as Republic

Act No. 8293, was enacted in 1997 to provide protection for various types of
intellectual property (IP) within the Philippines.
❑This includes the protection of patents, trademarks, copyrights, and other forms of IP.
❑RA 8293 aims to create a legal framework that encourages creativity, innovation, and
the protection of creators' rights, making it relevant to various industries, including
software development and programming.
❑Purpose of RA 8293:
The goal of RA 8293 is to provide a balanced system of IP protection that respects
both the interests of creators and the public, promoting economic growth and
technological advancement.
 The Programmer’s Source Code and the Intellectual Property Law
The Intellectual Property Code (RA 8293)
Key Provisions of the Intellectual Property Code (RA 8293)

The IP Code of the Philippines covers a wide range of intellectual property matters. For
programmers and software developers, the most relevant provisions pertain to copyright, patents,
and trade secrets.
A. Copyright Protection for Source Code
❑What is Covered by Copyright? Under RA 8293, the source code of software is
protected by copyright as a literary work. This includes the written code and the
structural organization of the program, provided the code is original and fixed in a
tangible medium (e.g., stored on a computer).
❑Exclusive Rights of the Copyright Holder: The copyright holder (typically the
programmer or the entity they work for) has the exclusive rights to:
➢Reproduce the code.
➢Distribute copies of the code.
➢Make derivative works (e.g., modifying or adapting the code).
➢Perform or display the code publicly (e.g., showcasing software in exhibitions).
 The Programmer’s Source Code and the Intellectual Property Law
The Intellectual Property Code (RA 8293)
Key Provisions of the Intellectual Property Code (RA 8293)

The IP Code of the Philippines covers a wide range of intellectual property matters. For
programmers and software developers, the most relevant provisions pertain to copyright, patents,
and trade secrets.
B. Patent Protection for Software Inventions
❑Patentable Software Inventions: RA 8293 allows for the patenting of software
inventions if they meet the patentability criteria of novelty, inventiveness, and industrial
applicability. However, algorithms and abstract ideas (including mathematical formulas
or purely abstract software functionality) are generally not patentable in the Philippines.
❑The Philippine Patent Office: Software developers seeking patent protection for novel
software-related inventions can apply to the Intellectual Property Office of the
Philippines (IPOPHL), which evaluates whether the invention qualifies for patent
protection.
❑Duration of Patent: A patent lasts for 20 years from the date of filing, after which the
patent rights expire, and the invention enters the public domain.
 The Intellectual Property Code (RA 8293)

Key Provisions of the Intellectual Property Code (RA 8293)

The IP Code of the Philippines covers a wide range of intellectual property matters. For
programmers and software developers, the most relevant provisions pertain to copyright,
patents, and trade secrets.
C. Trade Secrets and Confidentiality
❑Protection of Trade Secrets: The IP Code also protects trade secrets, which
include proprietary algorithms, software designs, or business methods that provide
a competitive advantage. This protection is not dependent on registration but on
maintaining the confidentiality of the information.
❑Breach of Trade Secrets: If a programmer shares proprietary code or algorithms
without permission, or if they disclose confidential business processes they worked
on without authorization, it could constitute a breach of trade secrets under RA
8293.
 The Intellectual Property Code (RA 8293)

The Role of the Intellectual Property Office of the Philippines (IPOPHL)

❑The Intellectual Property Office of the Philippines (IPOPHL) is the government

agency responsible for the implementation and enforcement of RA 8293. IPOPHL plays a
key role in:
➢Registering Patents, Trademarks, and Copyrights:
IPOPHL provides a platform for registering IP rights, including software patents and
copyright for source code.
➢Enforcing IP Rights:
IPOPHL helps enforce IP rights through its mechanisms for IP disputes, including
alternative dispute resolution and litigation.
➢Public Awareness and Education:
IPOPHL engages in public education campaigns to raise awareness about the
importance of intellectual property protection among creators, businesses, and the
general public.
 The Intellectual Property Code (RA 8293)

Copyright Infringement and Software Piracy in the Philippines

❑Copyright infringement occurs when someone uses, reproduces, or distributes

copyrighted code without the permission of the copyright holder. Software piracy—the
illegal copying, distribution, or sale of software—also falls under copyright infringement.
❑Under RA 8293, copyright holders are entitled to take legal action against infringers. This
can include:
➢Filing lawsuits for damages:
Copyright holders can file lawsuits to seek damages and stop the infringing activities
(e.g., cease and desist orders).
➢Penalties for Infringement:
RA 8293 imposes penalties for infringement, including fines and imprisonment for
violators. Depending on the severity of the violation, violators could face up to
P200,000 in fines and 6 years of imprisonment.
 The Intellectual Property Code (RA 8293)

Copyright Infringement and Software Piracy in the Philippines

❑Copyright infringement occurs when someone uses, reproduces, or

distributes copyrighted code without the permission of the copyright
holder. Software piracy—the illegal copying, distribution, or sale of
software—also falls under copyright infringement.
➢Example of Copyright Infringement:
A software company discovers that a competitor is distributing
pirated versions of their source code. The company files a case
with IPOPHL, and the competitor is ordered to cease distribution
and pay damages.
 The Intellectual Property Code (RA 8293)

Copyright Infringement and Software Piracy in the Philippines

❑Copyright infringement occurs when someone uses, reproduces, or

distributes copyrighted code without the permission of the copyright holder.
❑Software piracy—the illegal copying, distribution, or sale of software—also
falls under copyright infringement.
Example of Copyright Infringement:
A software company discovers that a competitor is distributing pirated
versions of their source code. The company files a case with IPOPHL,
and the competitor is ordered to cease distribution and pay damages.
 The Intellectual Property Code (RA 8293)

Fair Use of Copyrighted Software (RA 8293)

❑RA 8293 provides exceptions for fair use in the case of copyrighted software.
❑Under the law, a programmer can use copyrighted software for the following purposes
without permission:
➢Criticism or commentary:
This could involve analyzing or critiquing the software in a research paper or
academic setting.
➢Research and educational use:
Using software for non-commercial educational purposes, like teaching programming
concepts or creating prototypes.
➢Interoperability:
Fair use may allow for reverse engineering to ensure compatibility with other
software or systems, but this is subject to legal restrictions to prevent abuse.
 The Intellectual Property Code (RA 8293)

Open-Source Software and RA 8293

❑ Open-source software is an essential part of the programming community, and

RA 8293 acknowledges its role.
❑When using open-source software, developers must adhere to the specific license
provided by the creator (e.g., MIT, GPL, Apache).
❑These licenses outline the terms under which the software can be used, modified,
and redistributed.
➢Compliance with Open-Source Licenses:
Even though open-source software is often free, developers must respect the
terms of the license. For example, if a license requires attribution, the
programmer must acknowledge the original creator when using or
redistributing the software.
 The Intellectual Property Code (RA 8293)

Enforcement of Intellectual Property in the Philippines

❑The enforcement of intellectual property rights, especially regarding source code and
software, is a significant concern for developers in the Philippines.
➢Legal Remedies:
If a programmer or company believes their intellectual property rights have been
violated, they can seek remedies from IPOPHL through lawsuits, including seeking
compensation and damages.
➢Challenges in Enforcement:
Despite the presence of RA 8293, enforcement can be difficult, especially with the
rise of online piracy, software counterfeiting, and the rapid spread of pirated software
through digital platforms.
➢Role of the Courts:
Intellectual property disputes can be taken to the courts, where judges apply the
provisions of RA 8293 and determine the appropriate penalties or remedies.
 The Intellectual Property Code (RA 8293)

Conclusion: Intellectual Property Protection for Programmers in the Philippines

❑The Intellectual Property Code (RA 8293) provides essential legal protection
for software developers and programmers in the Philippines.
❑By understanding how the law applies to source code, patents, and trade
secrets, programmers can ensure they are safeguarding their work while
respecting the rights of others.
❑As the software industry grows and technology evolves, it is important for
developers to remain informed about IP laws and use them to protect their
innovations and creations.
❑At the same time, respecting the intellectual property of others is crucial for
maintaining a fair and competitive industry.
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model
Objective

❑This lesson provides insight into the Utility Model system under the
Intellectual Property Code (RA 8293), showing how programmers can protect
their incremental software innovations and technical improvements.
❑It explores the concept of the Utility Model under intellectual property law
and its relevance to the programming industry.
❑The focus is on how utility models differ from patents, how they apply to
software-related inventions, and how programmers can leverage this form of
protection for their innovations in the field of technology.
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model
Introduction to Utility Models

❑A Utility Model is a form of intellectual property protection that is similar to

a patent but has fewer requirements in terms of inventiveness and novelty.
❑It is designed to protect inventions that offer a new and useful technical
solution, usually involving an improvement or modification of existing
products or processes.
❑In the context of software, a utility model can protect certain technical
innovations, such as new algorithms, methods of computing, or technical
aspects of software systems that provide functional improvements over
existing solutions.
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model
Introduction to Utility Models

❑Key Features of a Utility Model:

➢Less Stringent Requirements: Unlike patents, which require a higher
level of inventiveness, utility models often only require novelty and
industrial applicability.
➢Protection for Practical Improvements: Utility models protect
incremental innovations or improvements to existing technologies, unlike
patents, which tend to protect more groundbreaking inventions.
➢Shorter Duration: Utility models typically have a shorter term of
protection than patents. In the Philippines, they are protected for 7 years
from the filing date.
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model
Utility Models in the Context of Intellectual Property Law

❑In the Philippines, the Intellectual Property Code (RA 8293) provides for the registration and
protection of utility models.
❑According to RA 8293, a utility model is a type of intellectual property that offers protection for
a new and useful invention that may not meet the higher threshold required for patents.
➢Utility Model vs. Patent:
While patents require an invention to be novel, non-obvious, and industrially applicable, a
utility model only requires that the invention is novel and capable of industrial
application. The bar for inventiveness is generally lower for utility models than for
patents.
➢Examples of Utility Models in Programming:
In software development, utility models can be used to protect improvements or technical
innovations that enhance the functionality, speed, or efficiency of a system, such as a new
algorithm, a method of optimizing data processing, or a unique user interface design that
provides better usability.
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model

Requirements for Utility Model Protection

To qualify for protection as a utility model under RA 8293, the

invention must meet the following criteria:
A. Novelty
❑The invention must be new or novel, meaning that it cannot
have been publicly disclosed or known before the filing date of
the application. This includes:
➢The invention must not have been disclosed in any form,
including through publications, prior patents, or public use.
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model
Requirements for Utility Model Protection

To qualify for protection as a utility model under RA 8293, the invention must meet the
following criteria:
B. Industrial Applicability
❑The invention must be capable of being used in some kind of industry, which could
include fields such as software development, manufacturing, agriculture, etc. In the
case of software, the utility model must show a practical application, such as an
improvement in processing speed or efficiency in computing.
C. Technical Nature
❑The invention must solve a technical problem or make a technical improvement.
For software, this could be improvements in algorithms, software architecture, or
coding techniques that provide a functional benefit.
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model
Utility Model Process: Registration and Examination

The process for obtaining a utility model in the Philippines involves several steps:
1. Filing the Application:
❑The applicant must submit a detailed application to the Intellectual
Property Office of the Philippines (IPOPHL), including a description of
the invention, claims, and drawings (if applicable).
2. Examination:
❑IPOPHL conducts a formal examination of the application to ensure it
meets the requirements of novelty and industrial applicability.
❑Unlike patents, utility models do not undergo a substantive examination
for inventiveness.
❑The examination focuses primarily on novelty.
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model
Utility Model Process: Registration and Examination

The process for obtaining a utility model in the Philippines involves several
steps:
3. Publication:
❑Once an application is approved, it is published in the IP Journal to
allow others to challenge the novelty of the invention. If no opposition
is raised, the utility model is granted.
4. Issuance of Certificate:
❑If the utility model passes the examination and no opposition is filed,
the IPOPHL will issue a Certificate of Utility Model Registration,
which provides the holder exclusive rights to use, make, sell, or license
the invention for the duration of the protection period (7 years).
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model
The Protection Granted by a Utility Model

A Utility Model Certificate grants the holder exclusive rights to their invention, which
means that no one else can make, use, or sell the invention without permission. This provides
the owner with a level of control over their creation, offering potential commercial benefits
such as:
❑Licensing: The utility model holder can license their invention to others, allowing
them to receive royalty payments.
❑Commercialization: The holder has the right to use the protected invention for their
own commercial benefit, whether by creating products, offering services, or integrating
the technology into other systems.
❑Enforcement: If someone else uses the utility model without authorization, the holder
can enforce their rights through the court system, seeking injunctions, damages, or
other legal remedies.
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model

Duration of Protection for Utility Models

❑In the Philippines, the protection for a utility model lasts for 7
years from the filing date.
❑Unlike patents, which can last for up to 20 years, utility models
are typically used for innovations that are incremental and are
not expected to have a long lifespan.
❑After the 7-year protection period ends, the invention enters the
public domain, and others may freely use the technology
without seeking permission from the original holder.
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model
Utility Models in Software Development

While patents and copyrights are more commonly discussed in the software
industry, utility models can also play a significant role, especially for
incremental innovations in software and technical systems. Here are some
potential examples where utility models could apply to programming:
A. Algorithmic Improvements
❑A programmer may develop a new algorithm that improves the
efficiency of a system, such as reducing processing time or enhancing
the way data is handled.
❑If this algorithm is novel and has industrial applicability, it could be
protected under a utility model.
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model
Utility Models in Software Development

While patents and copyrights are more commonly discussed in the software industry, utility
models can also play a significant role, especially for incremental innovations in software and
technical systems. Here are some potential examples where utility models could apply to
programming:
B. Optimized System Designs
❑A software developer might design a new way of structuring databases or processing
data, which leads to better performance or more efficient resource management.
❑This could be eligible for utility model protection if it demonstrates a new and useful
technical solution.
C. Unique Software Features
❑A developer may create a novel user interface or a feature that enhances user interaction
with the software, and if this new feature solves a technical problem or significantly
improves the user experience, it could qualify for utility model protection.
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model

Differences Between Utility Models, Patents, and Copyrights

Aspect Utility Model Patent Copyright

Technical innovations or Inventions that are novel, Original works of

Protection Focus improvements in existing non-obvious, and authorship (e.g., source
technology industrially applicable code)
Requires novelty, but a No novelty requirement
Requires high inventiveness
Novelty Requirement lower inventiveness (protects original
and novelty
threshold expression)
Life of the author + 50 years
Duration 7 years Up to 20 years
or 50 years from publication
Original source code,
Optimized algorithm, new Groundbreaking new
Examples algorithms, and user
data structure software invention
interfaces
Protects the specific
Limited to technical Full protection for technical
Protection Level expression of ideas, not the
improvements inventions
idea itself
Generally cheaper and More expensive and time- Simpler to obtain, automatic
Cost and Procedure
quicker process consuming process protection upon creation
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model
Enforcement and Challenges of Utility Models
The enforcement of utility models can face challenges, such as:
❑Proving Infringement: Like patents, enforcing a utility model
requires demonstrating that another party is infringing on the
protected innovation.
❑Limited Legal Precedents: Utility models may have fewer
precedents in terms of legal cases, which may complicate
enforcement.
However, the shorter duration and lower inventiveness threshold make
utility models an attractive option for software developers who are
seeking quick protection for practical, incremental innovations.
 The Programmer’s Source Code and the Intellectual Property Law
Utility Model

Conclusion: Utility Models for Programmers and Developers

❑For programmers and software developers, utility models provide an

essential tool for protecting incremental innovations and improvements in
their work.
❑By offering a quicker and more cost-effective form of protection compared
to patents, utility models encourage creativity and innovation in technical
solutions.
❑Understanding when and how to use utility models can help programmers
safeguard their technical innovations, secure commercial benefits, and ensure
that their intellectual property rights are properly protected.
End of Midterm Period
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