Martes, Oktubre 13, 2015

i dream yesterday of a tomorrow tnat may never come.. of dreaming of a time travel displacement device..  the dreams a re sketchy  a a bit abnormal that it makes no sense.. like this post..

Lunes, Mayo 26, 2014


ASEAN Integration on How it affects your Intellectual Property 

The introduction of the intellectual property code was made for the protection and enjoyment of a right of an individual, pertaining to their creations made born from the blood and sweat of their efforts and intellect. It is what defines them on who they are and what they contribute to society.
  Section 2 of the Republic act No. 8293 sums us how much this is important it states that: The state recognizes that an effective Intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology ,attracts foreign investments and ensures market access for our products. It shall protect and secure the exclusive rights of scientists, investors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this act.
Intellectual Property Rights (IPR) may seem like a low priority to a country that is struggling to ensure the basic needs of its population. However, it is undeniable that by attracting investments from comparably wealthy nations, emerging countries can accelerate their own economic growth. Assuring those wealthy nations that it is safe to outsource their manufacturing to a developing country or to bring in their proprietary manufacturing processes are key factors in generating investments.1
So the Intellectual property offices are created, a commission created specifically for the monitoring and implementation of the rules and regulations that would make the protection of these rights possible. With the rise of technology and the daw of the new era of industrialization. A protection is all the more in need of realization.
Now Intellectual Property plays a central element in our economy and cultural policy playing a huge role that could make or break a society. In our modern society the economy has become more and more reliant on intellectual creations as their source of wealth, as opposed to the physical, capital which markets are distributed across the globe. With this as a canvass it is clear that Intellectual property must no be also limited to the confines of a nation but across nations a breakthrough for thought.2
Introducing Intellectual property on a much larger scale is no mundane task it requires a more extensive protection and observation. It creates a higher risk of infringement and theft in trying to exploit such a creation towards the greater masses. Hence come the Integration of the ASEAN (Association of Southeast Asian Nations.) the task of providing a just and equitable environment for the exploitation of knowledge has made it an even bigger battleground. This trend will force the nation to drive a stronger patent system that will provide for a way to obtain the needed protection and a system of enforcement. 
ASEAN has been changing the regional landscape by as it works towards an economic, political and cultural community. Providing for a more stable and reliable system that transcends the Southeast Asian countries. Promising as that may sound it does provide a fair share of argument as to its viability. A possible major improvement that it may bring would be the benefit of expanding markets and promoting a healthy competition by eliminating the barriers to trade among member countries. Economic welfare increases as resources previously engaged in costly domestic production are efficiently reallocated to the direction of a country’s comparative advantage and to that which generates greater productivity (“trade creation effect”). An expanded regional market may also be seen by countries outside the region as an increase in trade opportunity. However integration also has its potential drawbacks like or examples are: 

 First, it may give rise to welfare losses if the “trade creation effect” is overshadowed by a “trade diversion effect”, i.e., if the elimination of barriers to trade among member-countries causes trade with more efficient non-member countries to be diverted to the less efficient member-country. 
Second, it may lead to an “investment diversion effect” where limited investment resources are diverted to the larger-scale integrated market. 
Third, there are concerns on the “noodle bowl effect”, referring to the potential problems that may arise as a result of lack of coherence among different overlapping agreements. Tumbarello (2007) cites bilateral agreements being negotiated by some individual member-countries of the ASEAN with non-ASEAN countries even as ASEAN itself is negotiating with the same country. Since there is little effort to achieve consistency and harmonization in the agreements being negotiated, there arises a restrictive and inconsistent rule of origin that complicates the trading system. An example given on differences on rules of origin is that of the New Zealand-Singapore and the ASEAN Free Trade Area (AFTA) which uses the 40 percent value-added criteria, while ASEAN-India, Singapore-India and Japan-Singapore include multiple-change-of-tariff-heading criteria or other more complex provisions.
Another major concern here however is on how it will affect the protection given to Intellectual Property owners and how they are sure for the protection of their rights. Economists have recognized that the protection of Intellectual Property rights have a direct impact on affecting the trade flows. The initial inference is that an insufficiency in the IPR protection can actually lead to a distorted trade patterns and the ability of the firms to transfer their technology abroad.
With these in thought what could well be the effects of the ASEAN Integration towards the Intellectual Property Rights?
The possible effects of the ASEAN integration in regards to Intellectual Property rights
The benefits:
The Berne convention for protection of Literary and Artistic works established in Switzerland in 1886 will be reinforced by the integration. The Berne Convention requires its signatories to recognize the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way as it recognizes the copyright of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it was originally created. In addition to establishing a system of equal treatment that internationalised copyright amongst signatories, the agreement also required member states to provide strong minimum standards for copyright law. Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration (note however that when the United States joined the Convention in 1988, it continued to make statutory damages and attorney's fees only available for registered works). The ASEAN integration will help in reinforcing the said International treaty by making use of their unified strategic goal of having one international IP system this method would provide a widespread awareness and fortified protection against potential threats to Intellectual Property rights. This could also create a mindset of confidence in the consciousness of the innovators for they know that what they do can surely be guarded against unprecedented harm.

A benefit that can be derived from the ASEAN integration in relation to Intellectual property is IPR being a tradionally independent system it stands as hindrance in the trading of goods especially now in the innovations done through technology. To overcome this possible method the ASEAN integration will make is the establishment of a common IPR examination or common IPR rules on this method a threat or plan to gain an unfair advantage over the other on the competition is diminished or at the very least reduced.
Another one will be the creation of the IPR action plan given the rapid expansion of international norms and cross cutting concerns in IP, ASEAN needs to craft an approach that takes into accounts the diverse needs and the varying levels of capacity of its member states. On a broader concept the creation of this action plan is to ensure that the contribution to the development oriented concerns and societal interest are met and the contribution to the promotion of knowledge creation, technological innovation and transfer, business generations in a manner conducive to the welfare of every region. The ASEAN need to keep track of international developments in Intellectual Property and determine what best practices can be adopted on a regional level. 
We can also derive from the ASEAN integration the benefits of it raising awareness to its regions this in turn would give a rise on trademark and patent filing gaining notice of the benefits accrued form doing so. If a region wishes to be more competitive they can do so because of the integration access to developed countries technologies and publicly available patent information in order for more Intellectual Property rights to be created. More registrations mean more revenues which in turn would create a far more thriving economic stability.
A thing to be considered as well is the implementation of the ASEAN integration would make an active regional participation in the international IP community, it means it would create a direct line of communication to dialogue partners which would develop the capacity of Member States to go hand in hand in the creation of a far more better economy and to gain the ability to directly address the needs of its regions and its stake holders. This in turn could create an intensified cooperation among member countries and an increased number of collaboration among them to enhance human and institutional capacity of Intellectual Property offices in the region.
ASEAN over the years has relied heavily on partners and institutions to enhance the human and institutional capacity of Intellectual Property.  While recognizing the need for and continuing the benefit from maintained relationships with more developed partners and organizations and institutions, there is a need for a and continuing benefit from maintained relationships with more developed partners and organizations, there is a need to rely on each other and engage in deeper and more meaningful cooperation. Undertaking joint activities and intensifying cooperation, with or without the assistance of partners, will not only result in the success of the ASEAN projects but will also build confidence in the capacity to provide assistance to other members.  ASEAN integration realizes this so reliance on each members of the group is one of their goals to improve their capacity as a region. Without losing track to be part of the global Intellectual Property system. 
With the ever changing society it’s not enough to just try and make some changes they have to show it too. Intellectual Property laws are very fickle and are different from one country to another given the diversity, the integration will try and create an international, rather than a regional, protection mechanism from Intellectual Property owners and creators worldwide, and the need for region to participate in global IP systems in order to be more competitive, can surely benefit if the ASEAN can dictate its own pace.
This would over all make a more balanced Intellectual Property system that takes into accounts every region and make proper adjustments on how they see it fit. The need to continuously attract the inflow of knowledge and the assurance that inventors and innovators patents would be granted is needed for this would create a better opportunity for technological information eventually be diffused to local business, which, in turn will spur the growth of the technological and innovative capacity of the region. As local business continue to grow, the need for them to use trademarks to distinguish their products and services become more important. With strong trademark system in the regions, ASEAN member countries will be encouraged to file or register where they’re industry resides and foreign entities that bring their businesses into the region will be assured of the protection of their marks 
The overall goal of the of the ASEAN integration was to actually achieve a continuous improvement of the quality of the Intellectual Property registrations granted and timelines in the delivery of services. Improving quality means improving both the presumption of validity of granted Intellectual property rights and access by the public. Improving science delivery means reducing turnaround times for the processing of applications and minimizing if not eliminating, backlogs. It also means devising mechanisms for work sharing to ease patent workloads in a specific region In addition; it needs to provide services that are accessible and transparent. This can only be done by the improvement of infrastructures and to link together every resource to exchange information needed by stake holders in the region.
POSSIBLE DISADVANTAGES
In the time that the Integration would happen there is bound to be some implications that would stir some negative anomalies and some issues that are bound to make some controversy. The plan of the ASEAN for unifying its member countries is a broad and bold task though it does seem a lot of benefit there are some scenarios that could prove it otherwise.
One that is most obvious would be the discrimination that the ASEAN is facing even before the integration happen it shows a clear distinction that all is not well being labelled by the world government as being too “soft” on their approach, as proof  of it was during the 12th ASEAN Summit in Cebu , several activist groups staged anti-globalization and anti-Arroyo rallies.[68] According to the activists, the agenda of economic integration would negatively affect industries in the Philippines and would cause thousands of Filipinos to lose their jobs. They also viewed the organization as "imperialistic" that threatens the country's sovereignty.  To translate this means that right from the get go the ASEAN integration would first have to deal with obtaining the full trust and confidence of its subject regions for the scepticism that the ASEAN integration would bring would seem to undermine the beneficial consequences that it can bring. It would certainly play a huge factor in establishing a unified Intellectual Property System since this will hinder the limits and the effort the Philippine government can willingly collaborate with other members.
Since the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) negotiations of trade liberalization in 1994, IPR has become a more important aspect in STI development as well as economic growth as it affects innovation as well as Foreign Direct Investment (FDI) and trade.
On this aspect we can see that though Intellectual Property Rights now plays a central element in our society. The Philippines is still on an unfair disadvantage Developed countries have been keen on protecting their IPR; however, as it is a fairly new concept to developing and less-developed countries and regions, the relevant IPR policies are still under development and/or at an early implementation stage. It is common knowledge that most of the ASEAN members are very keen and quite experienced in terms of their policies in trade and investment activities, as a result the Philippines is in the edge of being overpowered by others and be a minority in regards to being a competitive force in the global economy. This would mean that the Philippine would actually has subsidize their standards in order to cope with other member of the regions which could mean that to integrate efficiently the Philippines has to shift their focus from trying to improve the government or developing an efficient Intellectual Property Rights System to just trying to maintain their relations to the export business bearing no choice but to continue with its comprehensive renovation. Philippine is required to level its external trade and investment policies to those of its fellow ASEAN members.
By joining the ASEAN and participating in the AFTA, the Philippines has to step up their game in order to perform on par with some of the members of the regions. Threading on an unbalanced game Philippines has a lot of ground to cover
With respect to the Free Flow of Skilled Labor policy then, Philippine skilled workers will have difficulty in finding jobs both locally and regionally. It is claimed in the ASEAN Economic Community blueprint (2009) that ASEAN countries are going to facilitate the issuance of visas and employment passes for ASEAN professionals and skilled labor who are engaged in cross-border trade and investment-related activities, meaning skilled workers across ASEAN will be legally able to work in Philippines freely. Nonetheless, this policy will  not benefit Philippines skilled laborer owing to the fact that human resources in the country is still limited, and thus are not yet able to compete in the job markets with other skilled laborers. This would affect the Intellectual Property Rights in the Philippines because the bypass of people to the restrictions imposed before the Integration is abolished posing a threat to an otherwise peaceful competition. It means that even foreign innovators can settle their Inventions here hindering the quality and quantity the local citizens could possibly create.
CONCLUSION
In conclusion, though the integration will brought an ne age of economic stability and prosperity for promoting programs that could readily access the new world and possessing strategic goals that could make independence from the crisis of the norm. It must not look pass in its previous incarnations for there still exist some gray areas that are left unanswered and  are in demand for a clear cut solution. 

REFERENCES:

1Rodney D Ryder, Intellectual property and the Internet 64 (Butterwoths ed., 2002).
2http://siiaonline.org/page/research_asean/
Regional integration: the ASEAN vision 2020
Impacts of Intellectual Property Rights on Trade Flows in ASEAN Countries-Nguyen Khanh Doanh
Yoon Heo
ASEAN Intellectual Property Rights Action Plan 2011-2015
https://ph.answers.yahoo.com/question/index?qid=20090203040752AA1iNIz
ASEAN Economic Community: Are we ready for 2015?- rappler.com, David Lozada
WIPO-ASEAN STUDY The Strategic Use of Intellecutal Property to Enhance Competitiveness in Select
Industries in ASEAN
<http://www.wipo.int/export/sites/www/freepublications/en/intproperty/953/wipo_pub_953.pdf>7.

Miyerkules, Mayo 7, 2014


On the internet nobody knows you're a cat

Introduction
In the age of industrialization, a modern era of change has come to befall upon humanity and thus, we as humans need to cope with the transition of life. In this realization the internet was born and the power to connect things to infinity and beyond can now be grasped but as a popularized fictional uncle once said “with great power comes great responsibility”. But as to what extent can we make better off in this technology. Now that the breakthrough of the century is at hand there is individual willing to exploit that technology to gain the upper hand to their fellow men. To gain an unjust and prejudicial advantage and through the epiphany of thought that a power this vast has the huge tendency to be abused the law has set forth its limitations.
Hence the Data Privacy Act of 2012 was created a policy of the state to protect the fundamental human right of privacy of communication while ensuring free flow of information to promote innovation and growth. The government realizes that with the advancement of human development, constant interaction is a fundamental aspect for its growth. Hence this policy aims that the information and communications technology and its inherent obligation that personal in information and communications systems in the government and in the private sector are secured and protected now the question becomes that is it enough to deter those who want to do misdeed to their fellow men. As to every little detail of our society some people are twisted enough to find loop holes to an otherwise clear cut law and as such we are to find how to construe this grievances.
            But is it enough to safeguard ourselves to this. The World Wide Web provides a great medium of expression but has the downside of making all things even your own personal lives subjected to scrutiny. As much as I believe in the noble intent of the legislators in enacting this law, I do not believe that it has teeth as a law to safeguard the fundamental right of an individual to privacy. With the advances in information technology, privacy in personal data has become illusory. For the right price or with good connections, private information disclosed in confidence to companies or government offices can be made available to or accessed by interested parties.  But on the plus the other side of the story the enactment of this law can really provide for a limit to an otherwise freely given system. And as to what extent this can do. Only the legislation can prove that part.
            The constitution plays a huge part in this too knowing where and how to change to curb and preserve the rights of an individual. The provisions of the code states that: SEC 2 “the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination and under oath or affirmation of the complainant and the witnesses he may produce and particularly describing the place to be searched and the persons or the things to be seized.” In this aspect alone we need an edgier solution.
           
                                                        Data privacy act of 2012

            RA 10173 is based on European Council No. 45/2001 in which, it protects the fundamental rights and freedoms of naturalpersons, and in particular their right to privacy with respect to the processing of personal data and shall neither restrict nor prohibit the free flow of personal data between themselves or to recipients.
                RA 10173 applies to the processing of all types of personal information and to any natural and juridical person involved in personal information processing including those personal information controllers and processors who, although not found or established in the Philippines, use equipment that are located in the Philippines, or those who maintain an office, branch or agency in the Philippines
            The Data privacy act of 2012 was made to eliminate or on the least minimize the unauthorized or the uncharted use of a person personal or private information for matter not wholly for their benefit in its declaration of policy it is stated that although the free flow of information promotes innovation and growth, it is essential that personal information in the government and private sector’s information and communications systems are secured and protected. Personal information is defined as “any information whether recorded in 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.” It includes facts and figures about a person’s race, ethnic origin, marital status, age, colour and religious, philosophical and political affiliations. Or practically his life story.
            The data privacy act of 2012 is promulgated to guide the laws as to how personal information sent through the web can be controlled and regulated , observed and followed it is what aims to make personal information still makes it personal.

                                                Statement of the problem

            The problem lies not within the boundaries of what the provisions of the law provides but on what it doesn't or to what seem to be called “gray areas “in the law. There are always loopholes and there are always people trying to bypass the system, to what we learn and to what we can understand is not entirely what it seems. More often than not we rely on the common intelligence of man as to determine the truth in things as to what is right and just but that is not always the case, We are on the age of diversification a time where one must tread deeply unto the age of technology to ever cope up with the ever changing society.
            What are the “gray areas” in the law are anyway. It is what defined as to what is an uncharted territory, or where the law is silent as to how it should be construed in such instances it is what is legal and what is not.
            It is in this train of thought that we come up with such notions and we try to formulate scenarios that would ask ourselves if it can still be covered by the law. Or can it still be on the odds of being unfavourable to others; is the law faulty by accident or by design?
            The gray areas that can be discussed are to show how thin the line between what is morality and decency and to what is unjust and misunderstood.

                                    Gray Areas of the Data privacy Act of 2012

            In every law there are provisions that are deemed contentious and even at some point confusing as to make quite a stipulation as to how it is supposed to be understood.
                        A thing that can be worth mentioning in the making of the data privacy act is the creation of a separate independent body to administer the law Section 7 of the Data Privacy Act states that “To administer and implement the provisions of this Act, and to monitor and ensure compliance of the country with international standards set for data protection, there is hereby created an independent body to be known as the National Privacy Commission, 
            This can be a subject of discussion because there is now an independent body which will administer and monitor the compliance of the law. What does it mean?  It means that there would be a commission not under the direct supervision or control by the government. The commission now having a wide discretion provided by the law. It means that the president or any other government official cannot influence the commission on what policies they wish to efficiently promulgate or use their powers in influencing the commission in order to achieve their fraudulent or evil intent.
            One of the gray areas I could find in the data privacy act is to what is stated in Section 5 which states that”Protection Afforded to Journalists and Their Sources. – Nothing in this Act shall be construed as to have amended or repealed the provisions of Republic Act No. 53, which affords the publishers, editors or duly accredited reporters of any newspaper, magazine or periodical of general circulation protection from being compelled to reveal the source of any news report or information appearing in said publication which was related in any confidence to such publisher, editor, or reporter.
            This is what I believe as a researcher can be used as a great abuse of discretion by the media men. Imagine this. A reporter trying to make a break in his career by producing libellous, false or fraudulent information which they cannot disclose the personal information of the source they can use the provisions stated in section 5 to protect themselves, like a disguise that can conceal their malicious intent as the law states media men are not compelled to reveal their source, what if they claim they got lead from a reliable source that claims to say such malicious information well in truth such source does not exist surely a journalist cannot invoke the provisions of this law.
            Another thing which can or cannot be subject to debate is the mobile phone numbers each individual possess. The advancement of technology has made it possible for anyone to be in touch with someone anywhere, anytime through the use of mobile phones, a series of numbers that is specifically identifiable to you. This now poses a question whether our own mobile phone numbers can be considered as personal information in the purposes of the law. a lot of companies and even government agencies consider your mobile phone as your personal information for it is a direct line in which you can be reached and notified, your mobile phone number is something that specifically caters to you.
            In this aspect we can then conclude that since mobile numbers are considered as personal information that can be used to directly or in conjunction with other data can be used to identify a specific person then said act of giving out a mobile number might be considered as a violation of the Data Privacy Act of the Philippines. However to prevent of the possibility of the law being absurd in a sense is that we should therefore qualify that not all acts of giving out a mobile number can be considered as illegal in this regard.

                According to the R.A. 10173 Sec. 3 (h), a personal information controller, does not include:
  1. A person or organization who performs such functions as instructed by another person or organization;
  2. An individual who collects, holds, processes or uses personal information in connection with the individual’s personal, family or household affairs.
 In this regard then it is considered that those falling under those exceptions are not considered as personal information controllers.
There are also certain acts that the Data Privacy Act would not be applicable which can be located in Section 4 entitled Scope. This mostly deals with data or information that is connected with government officials or employees in the function of their office which is understandable since these people are deemed to be in public service and their information cannot be considered as private in this regard however there is of course the phrase that it must have a relation to their function or their employment in the government. There is also a provision that those processed for journalistic, artistic, literary or research purposes are not covered in this Act.
            There would be many who would be skeptical as to the implication of a mere number transfer leading to something disastrous and could be simply tagged as making a mountain out of a molehill. However I would be providing multiple scenarios that would show how something that is perceived as a molehill could lead to something immense.
How much information could we actually derive from a mere mobile number, taking into consideration the scenario it would be safe to assume that by the fact that a person asked for a person’s mobile number is that it would include their name. So how far would a person be able to go with just a name and a mobile number? Very far.
            Taking into consideration our initial premise, once the third party has acquired said number without the consent of the data subject just how much could he do with said number.
      Calling a telecommunications company would lead you to one of their call centers based here and normal requirement in order to initiate service would be your name and your mobile/phone number and sometimes one additional data which would be the client’s birthday.
            We now have a name as well as a number; via Social Engineering techniques we could then derive the birthday easily. Approaching a common acquaintance it would be easy to say that one knows the person and that would like to place it in their calendar, or via something termed as “doxxing” which is getting bits and pieces of information via the internet (Facebook, Twitter e.g. check when people would greet them happy birthday) or other methods. And as to what people can gain in this a man can only stipulate.

Conclusion
            In conclusion the data privacy acts still need to provide a definitive implementing rules and regulation. A plain reading of the Data Privacy act clearly shows that it is clearly trying to shows the legislature’s continuing concern to the protection of the right to privacy consistent with the continuing advancement in technology. Yet still need a definitive review to have a clear cut way in which to tread their path upon the effectiveness of it.
            As stated in a case of Whalen v. Roeis ““We are not unaware of the threat to privacy implicit in the accumulation of vast amounts of personal information in computerized data banks or other massive government files. The collection of taxes, the distribution of welfare and social security benefits, the supervision of public health, the direction of our Armed Forces and the enforcement of the criminal laws all require the orderly preservation of great quantities of information, much of which is personal in character and potentially embarrassing or harmful if disclosed. The right to collect and use such data for public purposes is typically accompanied by a concomitant statutory or regulatory duty to avoid unwarranted disclosures.”
           














SOURCES:




Biyernes, Pebrero 14, 2014

at the end of fear..

sa pagtatapos nang buhay.. umuusbong ang panibagong diwa.. pag asa para sa mahihina.. katapangan para sa maralita.. liwanag para sa mga landas na nilukob nang dilim.. tama nga ang husga nang tao sa bawat isa  walang papatay sa tao kung hindi ang kapwa.. kapag hindi ka na naalala nang iba dun ka lang tuluyan mawawala

Biyernes, Agosto 9, 2013

i am wandering the streets alone,, invisible, unwanted and unloved... being ignored by the city that has no heart.

Miyerkules, Agosto 7, 2013

the cross roads of destiny

we are the edge of creating a destiny that is truly our own..

that what i think is most people dream of having.. a chance,  a moment of finally achieving the one thing your heart truly desires..

ang problema lang kasi wala naman talga tunay na kapalaran sa mundo... dahil ang realidaad naman, mundo ay.. nababalot nang iba't ibang katotohanan depende sa kung paano gusto makita nang tao at paano niya gusto makaunawa.. 

so how do we really make things that are non existent?? ( oakiramdam ko nagpopost lang ako nang mga random na bagay para sa sarili ko hindi alam ang dahilan hindi alam kung paano titigilan aha
)

the hang over 3

would it be really awesome to have your very own wolf pack