Policies, Guidelines and Laws in Nursing Informatics
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Wrenzie NanagadPolicies, Guidelines and Laws in Nursing Informatics
Uploaded by
Wrenzie NanagadPolicies, Guidelines and
Laws in Nursing
Informatics
Intellectual
Property Law
• Intellectual property refers to anything created
by someone, including but not limited to
inventions, literary works, items created by
artists (e.g. artwork and musical pieces),
symbols, designs, images, pictures, and even
names that are used for commercial purposes.
• All these creations are protected by the law,
ensuring that the people behind it are given due
recognition or remuneration for their effort.
Intellectual Property Law in
the Philippines
CATEGORIES:
A. Patent
A patent refers to the exclusive rights to a product or
process, as well as its improvements—granted that
the product or process offers something new and
useful.
The inventor or creator with the patent has the right
to choose as to who can use, sell, or even make
something similar during its 2-year validity period.
• Throughout the entire duration, a patent’s
information must be available to the public, as the
owner is given enough time to gain ample
commercial returns. Eg. New and useful machines,
Products and Processes (non-biological and
microbiological in nature); Improvements of
machines, products and processes; and
microorganisms.
• The basic requirements for a creation to be
considered patentable are that the creation would
have a novel idea, inventive, and can be applied in
an industrial setting.
B. Trademark
• A trademark is a tool used to differentiate
services and goods from one another. It can be in
the form of a word or a group of words; a sign,
logo, or symbol or a combination of these.
• Essential in marketing of products or services, a
trademark will help consumers identify a brand
among the many others in the market. To protect
business’ trademark, it is advisable to have it
registered.
C. Copyright
• A copyright refers to the protection given to the owner
of an original work covering literary works, musical
pieces, paintings, and computer programs, among
others.
• Under the copyright laws, the owner of the original
work is entitled to economic rights and moral rights.
Economic rights enable the creator to receive profit
gains should his works be distributed by third parties.
Moral rights, on the other hand, protect the connection
between the creator and his work.
• Once the owner receives the rights to his work,
unauthorized third parties are prohibited from selling or
distributing the works, especially for trade purposes.
D. The Madrid Protocol
The Madrid Protocol is an international treaty,
allowing trademark registration in the Philippines or
any country—as long as they are part of the Madrid
Protocol.
Trademark owners in the Philippines would have better
platforms to secure protection for their respective
marks.
It encourages opening up businesses in multiple
countries, as one can designate the countries where
their marks would need protection.
Privacy of Personal and Public Domains
• Personal Information
• Any information whether recorded in a material
form or not, from which the identity of an individual
is apparent or can be reasonably and directly
ascertained by the entity holding the information,
or when put together with other information would
directly and certainly identify an individual
• Public domain
Refers to creative materials that are not protected by
intellectual property laws. The public owns these
works, not an individual author or artist
• Under RA10173, people whose personal
information is collected, stored, and
processed are called data subjects.
Organizations who deal with client’s
personal details, whereabouts, and
preferences are duty-bound to observe and
respect their data privacy rights.
DATA PRIVACY RIGHTS
A. The right to be informed
• Personal data is treated almost literally in the
same way as a personal property. Thus, it
should never be collected, processed and
stored by any organization without the
person’s explicit consent, unless otherwise
provided by law. Information controllers
usually solicit consent through a consent
form.
• The right to access
• This is the person’s right to find out whether an
organization holds any personal data about the
person and if so, gain “reasonable access” to
them
• The right to object
• A person can exercise his right to object if the
personal data processing involved is based on
consent or on legitimate interest.
The right to erasure or blocking
• The person has the right to suspend, withdraw or
order the blocking, removal or destruction of
personal data. This can be exercised upon discovery
and substantial proof of the following:
1. Personal data is incomplete, outdated, false, or
unlawfully obtained.
2. It is being used for purposes wherein the person did
not authorize.
3. The data is no longer necessary for the purposes for which
they were collected.
4. The person decided to withdraw consent, or object to its
processing and there is no overriding legal ground for its
processing.
5. The data concerns information prejudicial to the data subject
— unless justified by freedom of speech, of expression, or of
the press; or otherwise authorized (by court of law)
6. The processing is unlawful.
7. The personal information controller, or the personal
information processor, violated the person’s rights as data
subject.
• The right to damages
• The person may claim compensation if he/she suffered
damages due to inaccurate, incomplete, outdated, false,
unlawfully obtained or unauthorized use of personal
data.
• The right to file a complaint with the National Privacy
Commission
• A complaint may be filed if the person feels that his
personal information has been misused, maliciously
disclosed, or improperly disposed, or that any of your
data privacy rights have been violated
• The right to rectify
• The person has the right to dispute and have corrected any
inaccuracy or error in the data a personal information
controller holds about him.
• The right to data portability
• This right assures that the person remain in full control of his
data. Data portability allows to obtain and electronically
move, copy or transfer personal data in a secure manner, for
further use. It enables the free flow of personal information
across the internet and organizations, according to the
person’s preference.
• Netiquette, or network etiquette, is concerned with
the "proper" way to communicate in an online
environment.
• A code of polite behavior in society, netiquette is a
code of good behavior on the Internet. This includes
several aspects of the Internet, such as email, social
media, online chat, web forums, website
comments, multiplayer gaming, and other types of
online communication.
Basic Netiquette
Guidelines
