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Caps 12 Q2 0202 FD
Caps 12 Q2 0202 FD
Lesson 2.2
Plagiarism and Intellectual Property
Contents
Key Points 15 Check Your Understanding 16 Challenge Yourself 17 Mini Task 18 Photo
Credit 21 Bibliography 21
Unit
2: Research Ethics and Safety
Lesson 2.2
Unit
2: Research Ethics and Safety
ethical practices, indeed, shall never be compromised. In any of your previous projects or
assignments, were you always able to cite the references that you used? Does your school have
rules concerning acts of plagiarism?
This lesson will highlight the nature of intellectual property infringement and plagiarism. It is
important for us to be more aware of these aspects of research especially now that everything is
generated and shared in different online platforms. We have to be more careful because we do
not know if we are copying somebody else’s work or worse, our works are used by someone else
without our knowledge and permission.
DepEd Competency
Learning Objectives
In this lesson, you should be able to do the This lesson serves as an enrichment for
the following DepEd competency:
following:
● Review ethical rules needed in conducting Differentiate applied and basic research
scientific research. problems (STEM_RP12-IIa-e-2).
Warm Up
My Work or Your Work? 15 minutes As it is highlighted in the previous lesson,
researchers have to face consequences when ethical principles in research are ignored or
compromised. In some cases, one might even face the wrath of the law. For this activity, we are
going to answer the question: why intellectual property rights have to be protected?
Unit
2: Research Ethics and Safety
Materials
● bond paper
● pen or pencil
● coloring materials
Procedure
1. Draw anything on the sheet of drawing or bond paper—a portrait, a landscape, an abstract
work, or doodles with colors. You have the freedom to create whatever image you want
to draw.
2. You are not allowed to put any sentences, words, letters, or other forms of readable
characters on the paper, not even your name, date, or section.
3. The majority of the points for your work will be based on the thought behind it. Only some
of the points will go to the face value of your work.
7. Exchange the papers of two columns that are one column apart. For example, exchange
the papers between column 1 and column 3, and then column 2 and column 4.
8. After the exchange, the students holding the outputs must pass them backward until each
student in the class is holding a drawing.
9. Write your complete name, date, grade level, and section at the top left corner of the
output that you are holding. You may be puzzled at this point in the activity.
Guide Questions
1. What was the wrongful part of the activity?
2. How does it feel to see your classmates write down their personal information on your
own work?
Unit
2: Research Ethics and Safety
Learn about It!
Intellectual Property
Nature of Intellectual Properties
The World Trade Organization (WTO) is an international organization established on January 1,
1995. Its main concern is to regulate and protect member countries in conducting any kind of
trade. One particular group of commodities that is traded between countries include intellectual
properties (IPs) such as books, designs, artworks, songs, and inventions. The WTO defines IP
rights as the “rights that are given to persons over the creation of their minds.” They
further elaborated these rights into two areas as copyright and rights related to copyright and
industrial property rights.
Copyright and rights related to copyright focus on literary works or performances and produced
work. Industrial property, on the other hand, are works related to IPs such as trademarks that
can be attributed to fair competition. Inventions and innovations that are used in production can
also be attributed to industrial property.
The Philippines is a founding member of WTO, therefore, our laws and policies regarding IPs are
parallel with the WTO mandate. The Republic Act No. 8293 (RA 8293) or the “Intellectual
Property Code of the Philippines” elaborates the need to protect IPs, uphold its social function,
and implement administrative processes for the registration and to regulate any IP concerns.
It is also important to differentiate terms related to IPs such as trademark, trade name,
copyright, and patent. Although for this lesson, the focus will be given only to copyright and
patent. Table 2.2.1 shows the differences among these terms.
Unit
2: Research Ethics and Safety
Table 2.2.1. Differences Among Trademark, Trade name, Copyright, and Patent
Intellectual Description
Property
Terminology
Trademark ● A trademark is any visible sign that can distinguish the goods
or services of an enterprise.
● The superscript ™ is used for trademarks that are not yet
registered to any IP authority.
● The superscript ®, by contrast, is used for registered
trademarks. Examples of this are logos of popular food chains,
cars, electronic devices, or social media platforms.
● Catchy taglines associated with a brand are also protected by a
trademark such as “Love ko ‘to”, “We find ways”, “Hari ng
padala”, or “Simply amazing”.
Trade name ● This is the name in which a trademark refers to. ● The logo
and the tagline “Love ko ‘to” both refers to the trade name of
Mcdonald’s Philippines.
Unit
2: Research Ethics and Safety
What are the protections copyright and
patent owners enjoy?
PATENTSCOPE.
World Intellectual Property Organization,
“PATENTSCOPE,”
WIPO.int,
https://www.wipo.int/patentscope/en/, last
accessed on September 14, 2020.
R.A. 8293 also created the Intellectual Property Office of the Philippines (IPOPHL) which is
the primary administrative body that promulgates or promotes the said law and protects
IPs. It has offices in almost every region in the country. It also has online services for the
registration concerning IPs and a database of registered IPs. The IPO primarily handles
trademark and patent registrations. Patents are only protected for a limited time of 20 years.
The short duration of protection is given to inventors for the purpose of limiting the monopoly of
an invention or innovation so that it can be eventually used to improve the lives of the public
freely. Copyright registration, by contrast, is administered by the National Library of the
Philippines, and protection of it can go as long as 50 years after the death of the creator.
This is the reason why research papers, theses, and dissertations are submitted to the national
library for the protection of the researchers and authors. Although copyright is protected longer,
the “fair use” section in RA 8293 provides for the limited free use of copyrighted works for non-
commercial and non-profit purposes such as in criticisms, news, teaching, and research.
Unit
2: Research Ethics and Safety
IPO E-services.
Intellectual Property Office of the Philippines, “E-services,”
ipophil.gov.ph,
http://www.ipophil.gov.ph/intellectual-property-researcher/ ,
last accessed on September 14, 2020.
Copyright and patent infringement happen when there is a violation of the exclusive
economic and moral rights granted to the copyright or patent owner. The possession of
copyrighted or patented works for the purposes of selling, distribution for profit, and exhibition
are also types of infringement because they impair the owner of the economic benefits of his or
her work. As we can observe, copyright and patent infringement are similar. The only differences
are the length of protection that is given to possess the monopoly of a copyright or a
patent and the types of works that can be copyrighted
or patented. These factors will contribute to the outcome of each case that is litigated. Penalties
for violators, however, can go as high as Php 1.5M worth of fines and/or up to 9 years
imprisonment.
Cambridge University Press, Oxford University Press, and Sage Publications (Complainants)
submitted a copyright complaint in 2009 against the University System of Georgia (USG, the
Defendant). The complainants say that the defendant uses the excerpts of their scholarly articles
and books in an electronic form that are accessed by USG students where fees were not paid
accordingly, and therefore infringing their copyright. Before the advent of internet technology,
students must go to third-party photocopying centers (TPPCs) to buy these excerpts. The TPPCs
consequently were the ones responsible to pay copyright fees to the publishers per each sold
copy. The electronic forms and distribution of scholarly works, however, changed this practice in
the USG. The excerpts of scholarly articles are scanned by the librarian and uploaded in their
university library portal where registered students have access to. Now, the students can
download any excerpt whenever they need it and save it in their computers indefinitely.
Unit
2: Research Ethics and Safety
The issue here is because it was uploaded once, copyright fees are only paid upon upload and
use of the library, but not the use of each student accessing it. The United States Court of
Appeals ruled in favor of the complainants stating that the practice of the USG directly
disables the publishers’ ability to reap the economic benefits of their copyright.
The above-mentioned case is also directly applicable to the Philippines because the US laws on
copyrights are similar to ours.
As the owner of a work that can be copyrighted or patented, the most obvious way to
prevent infringement is to register your work to proper authorities immediately after
creation. This will ensure the protection of your creation under Philippine law. Another is to be
vigilant. It will be very difficult to monitor who uses your copyright or patent unless it surfaces to
circulation, but becoming aware of where it could be illegally used will be helpful. The last way to
prevent IP infringement is to actively campaign the ethical and responsible use of all IP materials,
especially within the academic community.
Unit
2: Research Ethics and Safety
From the perspective of the user of an IP material, especially for researchers, the best way to
protect yourself from copyright infringement is to cite all references. As you have learned
from your previous research lessons, it is the way of authors to properly acknowledge the
creations and knowledge that are produced by other people. This is also an important way to
prevent the act of plagiarism, which will be discussed in the next section. Finally, the mere
awareness of the laws on IPs and the active decision of not violating them will be of tremendous
help for IP material users.
Plagiarism
In Unit 2 Lesson 1, we briefly discussed plagiarism and defined it as an act of copying or using
work from another person and presenting it as your own. In this section, we will elaborate on
specific acts of plagiarism and the possible laws that can indirectly be violated by such acts.
Making small changes to work and passing it as your own is still considered plagiarism.
Acts of Plagiarism
In 2010, Supreme Court Justice Mariano del Rosario was accused of plagiarism due to one of his
decisions. The allegation was about the absence of a footnote that was supposed to cite the
source of one of the passages in the said decision. The supreme court ordered,
Unit
2: Research Ethics and Safety
however, that the claim was insufficient to accuse a supreme court justice of plagiarism because
it was just an accidental deletion of a footnote. Two years later, Senator Tito Sotto was also
accused of plagiarism during his speech against the reproductive health bill. In his speech, there
are parts that were lifted word for word from a post by a blogger named Sarah Pope in her blog
entitled “How the Pill Harms Your Future Child’s Health” without proper references or in-text
citation. Regardless of the outcomes of these examples, it is a good insight into how important
it is to do proper citations all the time.
Ateneo De Manila University’s (ADMU) student guide on the Code of Academic Integrity,
published in 2012, has enumerated acts of plagiarism with specific example cases. There are
descriptions and explanations for the students in each case. We have said that no two cases in
copyright infringements are the same. That is why specific example cases were provided so that
they can be easily interpreted during disciplinary trials. They also defined plagiarism as not just
by mere intention, but the act itself. The different plagiarism acts based on Ateneo De Manila
University's Code of Academic Integrity are as follows:
5. having one’s work done by someone else or having one’s work substantially revised by
someone else.
Unit
2: Research Ethics and Safety
The Department of Justice, in their advisory published last October 2012, provides a list of laws
that relate to plagiarism. The Republic Act No. 10175 (RA 10175) or “The Cybercrime
Prevention Act of 2012” was one of the laws cited in their advisory. They reiterated that RA
10175 focuses on crimes conducted in any information technology platform. However,
cybercrimes that also infringe on IP laws can be considered a cybercrime.
Various academic institutions have also formulated policies that address acts of plagiarism. Dela
Salle University provides in their student handbook suggestions on how to prevent plagiarism in
the school. It is enumerated under the section of student dishonesty. Similarly, the Ateneo De
Manila University has discussed it well in its code of academic integrity. Both schools define
plagiarism as the act itself, not the inherent intent.
Prevention of Plagiarism
There are many ways how one can fall into the trap of plagiarism: deadlines, pressures from
groupmates or advisers, sleepiness, or simple neglect. But we have to actively prevent these
things for us to have a safe and ethical space to conduct our research. The best way is to learn
proper referencing and citation by using established guidelines such as the American
Psychological Association (APA) guidelines, Modern Language Association (MLA)
guidelines, and the Chicago Manual of Style (CMOS) guidelines.
The APA guidelines are generally used in the field of education, psychology, and sciences. The
MLA is used for humanities, and CMOS for history, business, and fine arts. However, these are
just styles, and the institution that will eventually publish a work defines which style to use.
Unit
2: Research Ethics and Safety
Although it is difficult for one to determine which work is plagiarized as no one has the entire
knowledge of copyrighted works in their minds, we can use online services to detect plagiarism
in documents. By just a simple Google search, there are a lot of free online applications (e.g.,
www.duplichecker.com, www.plagiarismdetector.net) or paid platforms (e.g., Grammarly,
Turnitin) to choose from to aid in checking plagiarism. You can also manually check plagiarized
work, especially in scholarly articles, by looking at their in-text citation and skimming their
references. Knowledge of these three guidelines is essential to do this.
Research Fraud
Research fraud or scientific fraud is a highly unethical act of deception, misrepresentation,
and fabrication or falsification of one’s scientific work. Scientists and researchers alike can be
prone to this malicious act to achieve personal success in their professions.
More than just a violation of ethical practices, research fraud can also be a criminal act. The
“Revised Penal Code of the Philippines” or Act No. 3815 classifies fraud into two—fraudulent
intent and the act itself. Both are considered as criminal acts but differ in the degree of penalty.
Likewise, the “Criminal Code of the Philippines” defines it as “any person who intentionally or
deliberately misrepresents, alters, or conceals the truth…shall be liable for fraud and shall suffer
the penalty of imprisonment and fine.” Although it is not explicit in the Philippine laws when it
comes to scientific research, fabrication or falsification of data in research for the purpose
of personal gain, say for a research grant, can be qualified as a criminal act of fraud.
2.2. Plagiarism and Intellectual Property 13
Unit
2: Research Ethics and Safety
Remember
Research fraud can become a criminal offense when there are
damages to persons or properties by fraudulent scientific research.
Six years later, Avenell and her colleagues from the University of Auckland in New Zealand
worked on a paper reviewing and analyzing a total of 33 research papers by Sato. They came to
the conclusion that all these papers were fraudulent with all of the research subject’s
data fabricated. In the same year, they submitted their review to several journals that
published the work of Sato to raise some red flags and eventually get them to retract Sato’s
papers.
Their success started when Avenell and her team’s paper was published by the journal Neurology
in 2016, and 10 out of 33 fraudulent scientific papers were retracted by several high profile
journals. In 2017, 21 out of 33 papers were retracted. Unfortunately, three months after
Avenell’s research was published, Sato was reportedly dead. As for the intent of Sato, it is
difficult to pinpoint his purpose on why he did such things.
2.2. Plagiarism and Intellectual Property 14
Unit
2: Research Ethics and Safety
Key Points
______________________________________________________________________________________________________ ● Rights to
intellectual property (IP) include the rights that are given to individuals over the creation of
their minds.
● Research fraud can become a criminal offense when there are damages to persons or
properties by fraudulent scientific research.
● The impact of research fraud can go beyond geography, politics, and scientific disciplines.
It can also be felt in the homes and lives of people.
2.2. Plagiarism and Intellectual Property 15
Unit
2: Research Ethics and Safety
Students must become highly aware of how intellectual property infringement, plagiarism,
and research fraud affect the scientific community.
_______________________________________________________________________________________________
___________ 2. An employee copied an entire article from a newspaper and used it in their
3. A student created a fundraising activity in their school passages from another lawyer’s work without proper
4. A student changes the numbers in their data set to sells it on a third-party online platform.
___________ 8. A teacher asked the student to photocopy an entire book so that they can use
it for the whole school year.
___________ 9. A hospital funds a work by a doctor that wants to determine the cause of the
new coronavirus outbreak. He ended up involving random
patients with hay fever as subjects and declared his study as a success.
Classroom
Library
Gymnasium
Computer Laboratory
Challenge Yourself
1. Why do you think it is important to discuss the laws concerning intellectual property? 2.
What are the challenges involved in identifying intellectual property infringement? 3. Why do
you think schools penalize plagiarism by the act of it but not the intent?
4. What are the things researchers gain from committing fraudulent activities in their work?
5. How can fraudulent research reach the lives of people in their homes?
Unit
2: Research Ethics and Safety
Mini Task
In this activity, you will be challenged to identify different scientific inventions. You have to use
the Internet to learn more about the said invention. Your discerning skills will be tested in this
activity.
Materials
● worksheet
● a device with an Internet connection
Procedure
1. Five different photos of inventions and the inventors who are known to have created them
are shown in the worksheet.
2. You need to distinguish if the inventor truthfully invented the said invention and provide a
brief explanation to support your answers.
3. After completing the matrix, write your sources on the provided blanks. The teacher will
decide on how to write your sources.
4. Perform the task by completing Worksheet 2.2.. You can print the worksheet or edit the
template by clicking the link below.
a. Take note that you need to log in to your Gmail account after you click the
link. Then, select “Make a copy”.
b. Rename the file as specified by your teacher. You can move the file to your
desired location in your Google Drive.
Unit
2: Research Ethics and Safety
Agapito Flores
Fluorescent Lamp
Alexander Graham
Bell
Telephone
Thomas Edison
Incandescent
Light Bulb
Jaap Haartsen
Bluetooth
2.2. Plagiarism and Intellectual Property 19
Unit
2: Research Ethics and Safety
Alessandro Volta
Battery
List of Sources:
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
Unit
2: Research Ethics and Safety
Photo Credit
Volta battery-MHS 373-IMG 3840-white by Rama is licensed under CC BY-SA 3.0 FR via Wikimedia
Commons.
Bibliography
“Citation Styles: APA, MLA, Chicago, Turabian, IEEE: Home.” LibGuides. Accessed January 22,
2020. https://pitt.libguides.com/citationhelp.
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Patent Drafting.” Makati, October 12, 2018.
Fraenkel, Jack R., and Norman E. Wallen. How to Design and Evaluate Research in Education.
New York, NY: McGraw-Hill, 2009.
Unit
2: Research Ethics and Safety
Intellectual Property Office of the Philippines, and World Intellectual Property Organization.
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those-who-exposed-him.
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ealth/.
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Trinidad, Jose Eos. Researching Philippine Realities: a Guide to Qualitative, Quantitative, and
Humanities Research. Quezon City: BlueBooks, 2018.
Unit
2: Research Ethics and Safety
United States, Court of Appeals. “Cambridge VS Patton.” United States Courts, October 17, 2014.
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“What are intellectual property rights?” WTO. Accessed January 22, 2020.
https://www.wto.org/english/tratop_e/trips_e/intel1_e.htm.
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