Social and Professional Issue: Intellectual Property

 

Activity Scenario about Intellectual Property

 1. Pirated Software from Abroad

Bernie works for a large consulting company in Hong Kong. When he was on holiday in Albay he found an Office suit that looks identical to Microsoft Office. The package he found costs P50.00 compared to the price tag of P30,000. Bernie knew that the seller does not honor copyright law. Despite the documentation looking like it has been photocopied, he decided to buy it and returned home with it.

• Do you think Bernie has done anything wrong?

Bernie should not have taken the risk of grabbing the package that looked identical to Microsoft Office because it could have conflict him knowing that it does not honor copyright law and it is very obvious in the pricing. It may even have an impact on his work at a large consulting company in Hong Kong. It could also be a problem with the company for which he worked. He should always be vigilant when it comes to buying a product.

    

•   Do you think the customs will confiscate it should they find out?  

Yes, I think customs will seize it (pirated software) because it is illegal in Hong Kong. Bernie could be investigated, and his job could suffer as a result. Bernie also made a mistake in the first place; despite knowing that the seller violated copyright laws, he purchased the item and brought it home with him. He might use it at work because he works for a large consulting firm. The use of pirated software is strictly prohibited by Hong Kong customs, and anyone caught doing so will face legal consequences. Under the copyright ordinance, anyone in possession of infringing copyright work in the course of trade or business commits an offense, whether or not such trade or business involves the dealing of the infringing work, according to the Hong Kong custom government website. The maximum penalty is four years in prison and a $50,000 fine per infringing copy.

2. Stealing an Idea

It is 1980 and Bingo software has just developed a new operating system called BOS. BOS is better than anything else around but Bingo is a small firm and needed venture capital to start up. It spent 3 years bringing the product to the market, after which it launched and sold well for a year.

Bingo did not last long and went bankrupt within a year.

• Do you think that this is unfair?  

In BOS and PPOS’ case, the competition isn’t unfair since in doing business and marketing, competitors isn’t a rare thing. Also, the similarities and apparent copying and modifications of the product, unless not proved to be right, appropriate for lawsuit.

• Has PPOS wronged Bingo?  

The fact that the PPOS is a product similar to the Bingo’s BOS, completely outstand the latter, which put’s the firm into bankruptcy, it is very clear that the PPOS had wronged the Bingo. Nevertheless, there were no evidence of copyright infringement and pursuing a lawsuit isn’t advisable.

• Have the customers wronged Bingo?

 The fact that the PPOS is a product similar to the Bingo’s BOS, completely outstand the latter, which put’s the firm into bankruptcy, it is very clear that the PPOS had wronged the Bingo. Nevertheless, there were no evidence of copyright infringement and pursuing a lawsuit isn’t advisable.

In Bingo’s case, trade secrecy would have helped. Non-disclosure agreements would prevent employee from giving away important secrets even after they left. However, this might only be useful during development; once BOS is released, it is more difficult to control. General principles are there for everyone to see (and copied) – BOS is trying to sell or license the software, something just can not be hidden.

3. Improving Software

Earl develops a virus tester which is very good. It detects and repairs all known viruses. He makes the software and its source code available on the web for free and he also publishes an article on it. Jake reads the article and downloads a copy. He figures out how it works, downloads the source code and makes several changes to enhance it. After this, Jake sends Earl a copy of the modified software together with an explanation. Jake then puts a copy on the web, explains what he has done and gives appropriate credit to Earl.

• Discuss whether or not you think Earl or Jake has done anything wrong

Section 3 of REPUBLIC ACT NO. 8293, also known as the "Intellectual Property Code of the Philippines," states that "any person who is a national or who is domiciled or has a real and effective industrial establishment in a country that is a party to any convention, treaty, or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or which extends reciprocal rights to nationals of the Philippines by law. 

First and foremost, Earl made a terrible mistake by making his invention freely available on the internet and writing an article about it. Someone may steal his work and profit from it, and he will receive no recognition. 

 R.A. says SECTION 29. NO. 8293 First, file the rule. ‑ If two (2) 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 of Section 10 of R.A. No. 165a).

So, Earl is just lucky that Jake doesn’t have bad intentions to it and what’s funny is he still gave credit for Earl. Base on the scenario maybe Jake and Earl is not aware of R.A. No 8293. That they could get recognition from our government and enjoy benefits if they registered it and get patent so if someone try to use their invention without their consent, they can sue that person and face charges but the thing is it’s not yet recognized or registered in a government so there’s no law that can protect them from other stealing their work and what’s worse is earl made it available online for free and maybe someone already stole it.