Dan Christian E.

Ramos
JDCTR 11486481
G01
E-Commerce Act (RA 8792)
Electronic Commerce Act (ECA) was signed into law on June 14, 2000.
IRR was drafted by the DTI, DBM, and BSP, were also issued on July 14, 2000.
Both the Senate and House Bills of origin were founded on and patterned
after the United Nations Commission on International Trade Law (UNCITRAL)
Model Law on Electronic Commerce.
As far back as 1992, bills were filed in order to address the issue of electronic
commerce. Because the Model Law had not yet been formally drafted and
adopted by UNCITRAL at that time although work had been going on since
1985
The Senate Committee saw wisdom behind the UNCITRAL Model Law, which
was released in 1996, and decided to adhere to its principles and framework
and veer away from the restrictive approach of the ECA.
Policy of the E-Commerce Act (RA 8792)
State recognizes the vital role of information and communications technology
(ICT) in nation-building;
to create an information-friendly environment which supports the availability,
diversity and affordability of ICT products and services;
to develop human resources for the information technology age, a labor force
skilled in the use of ICT and a population capable of operating appliances and
computers;
to facilitate the transfer and promotion of adaptation technology;
to ensure network security, connectivity and neutrality of technology;
to marshal, organize and deploy national information infrastructures, with the
necessary legal, financial, diplomatic and technical framework, systems and
facilities
Objective of the E-Commerce Act
to facilitate transactions, arrangements, agreements, contracts and
exchanges and storage of information through the use of electronic,
optical and similar medium, mode, instrumentality and technology
to recognize the authenticity and reliability of electronic documents
related to such activities and
to promote the universal use of electronic transaction in the
government and general public
Other parts of the Act
Admissibility and authentication of electronic evidence in court
Validity of electronic contracts, communications, and transactions
Role of the Department of Trade and Industry (DTI)
direct and supervise the promotion and development of electronic commerce with relevant
government agencies
Issue implementing rules and regulations (along with DBM & BSP)
interpretation of this Act
due regard to its international origin and the promotion of uniformity in its application and the
observance of good faith in international trade relations.
generally accepted principles of international law and convention on electronic commerce shall
likewise be considered.
Reciprocity
All benefits, privileges, advantages or statutory rules established under this Act shall be enjoyed
only by parties whose country grants the same advantages to Filipino citizens.
Penalized acts
Hacking or cracking
unauthorized access into a computer system in order to corrupt, alter, steal,
or destroy, without the consent of the owner of the computer or system
minimum fine of P100,000.00 and a maximum commensurate to the damage
incurred and a mandatory imprisonment of 6 months to 3 years
Violations of the Consumer Act (RA 7394) and other relevant or pertinent laws
through transactions covered by or using electronic data messages or
electronic documents
penalized with the same penalties as provided in those laws;
Penalized acts
Piracy
unauthorized copying, reproduction, dissemination, distribution, importation, use, removal,
alteration, substitution, modification, storage, uploading, downloading, communication, making
available to the public, or broadcasting of protected material, electronic signature or copyrighted
works (including protected sound recordings or information material on protected works)
through the use of telecommunication networks, such as the internet
in a manner that infringes intellectual property rights
minimum fine of P100,000.00 and a maximum commensurate to the damage incurred and a
mandatory imprisonment of 6 months to 3 years;
Other violations of the provisions of this Act
maximum penalty of P1,000,000.00 or 6 years imprisonment
Liability of the Service Provider
no civil or criminal liability in respect of the electronic data message or document if such liability is founded
on -
a) The obligations and liabilities of the parties under the electronic data message or electronic document;
b) The making, publication, dissemination or distribution of such material or any statement made in such
material, including possible infringement of any right subsisting in or in relation to such material: Provided
i. SP does not have actual knowledge, or is not aware of the facts or circumstances from which it is
apparent, that the making, publication, dissemination or distribution of such material is unlawful or
infringes any rights subsisting in or in relation to such material;
ii. SP does not knowingly receive a financial benefit directly attributable to the unlawful or infringing
activity; and
iii. SP does not directly commit any infringement or other unlawful act and does not induce or cause
another person or party to commit any infringement or other unlawful act and/or does not benefit
financially from the infringing activity or unlawful act of another person or party
Beyond the law (according to WIPO)
IP is important to E-Commerce and e-commerce is important to IP
E-Commerce, more than other business systems, often involves selling products
and services that are based on IP and its licensing.
IP is the main component of value in the transaction. The things that are traded
on the Internet must be protected, using technological security systems and IP
laws, or else they can be stolen or pirated and whole businesses can be
destroyed.
IP is involved in making E-Commerce work.
The systems that allow the Internet to function are forms of IP and are often
protected by IP rights. Trademarks are an essential part of E-Commerce business,
as branding, customer recognition and good will are protected.
Beyond the law (according to WIPO)
E-Commerce and internet-related businesses are based on licensing.
Many different technologies are required to create a product that companies
often outsource the development of some component of products, or share
technologies through licensing arrangements.
If every company had to develop and produce all technological aspects of every
product independently, development of products would be impossible.
The economics of E-Commerce depends on companies working together to
share, through licensing, the opportunities and risks of business.
The valuation of your E-Commerce business will be affected by whether
you have protected your IP. Many E-Commerce companies have patent
portfolios and trademarks that enhance the value of their business