CPE Laws Notes - QUIZ Flashcards

• 1. Electronic Commerce Awareness -Government and the private sector will inform society, both individual consumers and businesses, about the potentials of electronic commerce and its impact on social and economic structures. 
• 1. Small and medium-sized enterprises - Government will provide small and medium-sized enterprises (SMEs) with information and education relevant to opportunities provided by global electronic commerce. Government will create an environment that is conducive to the private sector investment in information technologies and encourage capital access for SMEs.
• Skills Development - Government shall enable workers to share in the new and different employment generated by electronic commerce.
• 1. Government as a model user - Government shall utilise new electronic means to deliver core public services.
• Convergence - Convergence of technologies is crucial to electronic commerce and will be supported by appropriate government policies. Government will work closely with business in preparing for and reacting to convergence.
• 1. Domain name system - The government supports initiatives to ensure that internet users will have a sufficient voice in the governance of the domain name system.
• Access to public records - Government shall provide equal and transparent access to public domain information.
• 1. Dispute mechanisms - Government encourages the use of self- regulatory extra-judicial dispute settlement mechanisms such as arbitration and mediation as an effective way of resolving electronic commerce disputes.
• Electronic Data Message - refers to information generated, sent, received or stored by electronic, optical or similar means (Section 5(c), RA 8792)
• Electronic Document - refers to information by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically (section 5(f), RA 8792)
• Under the rules on Electronic Evidence though, the term “electronic document” may be used interchangeably with electronic data message” (Rule 2, Sec1(h), rules on electronic evidence)
• Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing (SECTION 7, RA 8792)
• Electronic document therefore creates right and imposes obligation just like a written instrument. It is not invalid or unenforceable just because it is an electronic document.
• Electronic Signature - Refers to any distinctive mark, characteristic and or sound in electronic form, representing the identity of a person and attached to or logically associated with electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronics data message or electronic document (Sec 5(5)e, Republic Act 8792)
• It shall be presumed that: 

  1. The electronic signature is the signature of the person to whom it correlates; and 
  2. The electronic signature was affixed by that person with the intention of signing or approving the electronic document unless the person relying on the electronically signed electronic document knows or has noticed defects in or unreliability of the signature or reliance on the electronic signature is not reasonable under the circumstances. (Sec 9, Republic Act 8792)
• As between the originator and the addressee, an electronic data message or electronic document is deemed to be that of the originator if it was sent: 

  (a) by a person who had the authority to act on behalf of the originator with respect to that electronic data message or electronic document, or 

  (b) by an information system programmed by, or on behalf of the originator to operate automatically. (Sec 18 (2), Republic Act 8792)
• The electronic data message or electronic document as received by the addressee resulted from the actions of a person

  Whose relationship with the originator or with any agent of the originator enabled that person to gain access to a method used by the originator to identify electronic data messages or electronic documents as his own
• An addressee is entitled to regard an electronic data message or electronic document as being that of the originator, and to act on that assumption, if
• The addressee knew or should have known, had it exercised reasonable care or used any agreed procedure

  That the electronic data message or electronic document was not that of the originator
• In order to ascertain whether the electronic data message or electronic document was that of the originator

  The addressee properly applied a procedure previously agreed to by the originator for that purpose
• The addressee has received notice from the originator that the electronic data message or electronic document is not that of the originator

  And has reasonable time to act accordingly
• An acknowledgment may be given by or through any communication by the addressee, automated or otherwise, or any conduct of the addressee, sufficient to indicate to the originator that the electronic data message or electronic document has been received
• The electronic data message or electronic document is treated as though it has never been sent, until the acknowledgment is received
• Where the originator has stated that the effect or significance of the electronic data message or electronic document is conditional on receipt of the acknowledgment thereof
• Where the originator has not agreed with the addressee that the acknowledgment be given in a particular form or by a particular method
• The originator may specify a reasonable time by which the acknowledgment must be received
• Upon notice to the addressee, the originator may treat the electronic data message or electronic document as though it had never been sent or exercise any other rights it may have
• If the acknowledgment has not been received by the originator within the time specified or, if no time has been specified, within a reasonable time
• Where the originator has not stated that the effect or significance of the electronic data message or electronic document is conditional on receipt of the acknowledgment
• The originator may give notice to the addressee stating that no acknowledgment has been received
• If the acknowledgment is not received within the time specified in subparagraph (c)

  The originator may treat the electronic data message or electronic document as though it had never been sent or exercise any other rights it may have
• As between the originator and the addressee, an addressee is entitled to regard an electronic data message or electronic document as being that of the originator, and to act on that assumption, if: 

  (b) the electronic data message or electronic document as received by the addressee resulted from the actions of a person whose relationship with the originator or with any agent of the originator enabled that person to gain access to a method used by the originator to identify electronic data messages or electronic documents as his own. (Sec 18 (3), Republic Act 8792)
• Obligation of Confidentiality - it is confidential and shall not convey to or share the same with any other person.
• Hacking or crackling - It is the unauthorised access into or interference in a computer system/server communication system; or or information and Any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner. 
• Piracy - It is the unauthorized copying, reproduction, dissemination, or distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, or broadcasting of protected material, electronic copyrighted works
• 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
• “technology transfer arrangements”  - refers to contracts or agreements involving the transfer of systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service including management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights, including licensing of computer software except computer software developed for mass market.
• Office - refers to the Intellectual Property Office created by this Act.
• IPO Gazette - refers to the gazette published by the Office under this Act.
• Marks


  A name, term, design, symbol, or any combination thereof, adopted and used by a person to identify the goods or services of that person