TRADEMARK INFRINGEMENT: AN ANALYSIS ON THE IMPLICATIONS OF

CYBERSQUATTING UNDER CYBERCRIME PREVENTION ACT OF 2012 TO

LEGAL STUDIES STUDENTS IN LYCEUM OF THE PHILIPPINES

UNIVERSITY CAVITE

An Undergraduate Thesis Presented to the

Faculty of the College of Liberal Arts and Education

Lyceum of the Philippines University Cavite

In Partial Fulfillment of the

Requirements for the Degree of

Bachelor of Arts in Legal

Studies

Zyrllen Ceasar V. Buhay

Ezra Aurora F.

Guinaban Tricia G.

Simbajon
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TABLE OF CONTENTS

TITLE PAGE

TABLE OF CONTENTS

LIST OF TABLES AND FIGURES

INTRODUCTION

Background of the Study 3

Statement of the Problem 6

Research Objectives 7

Significance of the Study 8

Scope and Delimitation 9

Theoretical Framework 10

Conceptual Framework 12

Definition of Terms 13

REVIEW OF RELATED LITERATURE

The Primary Objective of Cybercrime Prevention Act of 2012 18

Cybersquatting Incidents in the Philippines 20

Trademark Infringement: Cybersquatting Under Republic Act 10175 22

Cybersquatting: Not Viewed as a Prominent Concern in the Philippines 23

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No Case of Cybersquatting Raised in the Philippine Supreme Court 25

Policies and Mandates to Solve Trademark Infringement Disputes 26

Types of Cybersquatting 28

Domain Name Basics: Understanding Trademark Infringement 32

Typosquatting: The Infamous Category of Cybersquatting 33

Heightened Awareness on Domain Name Infringement

35

Diverging Methods in Preventing Cybersquatting 36

Synthesis 38

METHODOLOGY

Research Design 41

Variables and Measures 43

Research Locale and Research Respondents 44

Sampling Design and Technique 45

Research Instrument 46

Data Gathering Procedure 47

Data Analysis and Statistical Treatment 49

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CHAPTER I

INTRODUCTION

The fundamental knowledge and guidelines that govern the study proposal

procedures are presented in this chapter. It includes the objectives and concepts that

collectively make up the research’s framework. It also defines the terms that are

operationally used throughout the study and discusses the study’s significance, scope, and

limitations.

1.1 Background of the Study

Cybersquatting is the act of purchasing, selling, or using a domain name to make

money off the reputation of another person’s trademark. It usually refers to acquiring

domain names that incorporate the names of existing companies to sell them to those

companies for a profit. The act that has come to be known as “cybersquatting” first

appeared when most businesses were still ignorant of the lucrative online opportunities.

Some enterprising individuals registered popular company names as domain names to

sell the names back to the organizations once they realized what they were doing.

Opportunities for cyber squatters are rapidly dwindling as more and more companies

realize how important it is to secure their domain names. (Kaspersky, 2023)

It is stated in the Official Gazette of the Philippines that cybersquatting is

punishable under the Republic Act No. 10175 also known as the Cybercrime Prevention

Act of the Philippines. Section 5 of the Republic Act No. 10175 states that cybersquatting

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is the acquisition of a domain name over the internet, in bad faith, to profit, mislead,

destroy the reputation, and deprive others of registering the same, if such a domain name

is:

a.) Similar, identical, or confusingly similar to an existing trademark registered

with the appropriate government agency at the time of the domain name

registration;

b.) Identical or in any way similar to the name of a person other than the

registrant, in case of a personal name; and

c.) Acquired without right or with intellectual property interests in it.

Cybersquatting shall be punished with imprisonment or prison mayor or a fine of

at least two hundred thousand pesos (P200,000.00) up to a maximum amount

commensurate to the damage incurred, or both: provided, that if it is committed against

critical infrastructure, the penalty of reclusion temporal, or a fine of at least five hundred

thousand pesos (P500,000.00) up to maximum amount commensurate to the damage

incurred, or both shall be imposed. However, despite the long existence of the law, a lot

of citizens are still not knowledgeable about the implications and repercussions of

cybersquatting in their lives. A lot of Filipinos still use similar or almost identical domain

names when creating websites that are subject to trademark infringement punishable as

above mentioned.

According to McCargo, H. (2022), cybersquatting can take many various forms,

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all of which are prohibited. Typosquatting is one of them. Typosquatting is one of the

most

common types of cybersquatting. In this instance, the cybersquatter deliberately buys

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misspelled domain names for popular brands. If a domain name is typed incorrectly, the

intention is to redirect users to a malicious website. The basic goal of typosquatting is to

change a domain’s original spelling by adding or removing digits, characters, or periods.

Additionally, it involves altering the order of the letters or words within a domain.

Typosquatting is the practice of profiting from possible errors. Second, identity theft.

Cybersquatting can be used for identity theft because it allows someone to create a

comparable Uniform Resource Locator (URL) using the identity of a business. A user

visiting that business’s website might instead fall on the fake site. At the given moment,

the cybersquatter effectively took control of the target’s digital identity. Third, there is

the possibility of name-jacking on social media. Creating a profile that represents a

famous or well-known person without a registered domain name may be termed

cybersquatting. Given the proliferation of fan sites currently available online, this is a

murky topic. However, if the website begins selling goods that infringe on the victim’s

brand or without legal license, this might help strengthen the case for cybersquatting.

Lastly, there is Reverse Domain Name Hijacking (RDNH), also known as reverse

cybersquatting, is a practice that is similar to cybersquatting in several aspects. While

cybersquatting is the purchase of a domain name that incorporates a trademark with the

intention of profiting from that trademark, reverse domain hijacking is a little different. It

occurs when a person or business falsely claims to possess a trademark and then takes

unreasonable actions to take away your lawful domain name.

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Since the 1990s, cybersquatting has been a problem. This is why governments as

well as organizations have enacted legislation to provide victims a fighting chance.

Continuously, it is no secret that it is one of the forms of cybercrime that has shown an

increasing pattern in 2020 and 2021, and it remains confusing to some individuals

(Armstrong, V., 2019). We are also aware of how reputation and credibility can be

exceedingly difficult to acquire but easily lost, causing considerable harm to the

business’s image and legitimacy. The researchers have chosen Cybersquatting to be the

subject of their study because they want people to be familiar with the Republic Act No.

10175 also known as Cybersquatting under the Cybercrime Prevention Act of 2012 to at

least have an elementary knowledge of the law so that they would understand its purpose

and where it came from and what it entails.

1.2. Statement of the Problem

The study aims to determine the implications and repercussions of Republic Act

10175 or the Cybercrime Prevention Act of 2012 in using domain names against

trademark infringement to Legal Studies students in Lyceum of the Philippines

University Cavite.

Specifically, this seeks to answer the following questions:

1. Demographic profile of the respondents:

1.1 Age;

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1.2 Sex; and

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1.3 Year level.

2. Have the respondents encountered trademark infringement in the online

community?

3. How knowledgeable are students in terms of cybersquatting, and how do they

seek to adhere against such online infringement?

4. What are the implications of failing to protect intellectual property rights,

including trademarks and domain names, in the online environment?

5. How effective is the implementation and enforcement of Republic Act 10175 in

combating cybersquatting in the Philippines?

1.3 Research Objectives

Generally, this study aims to make an in-depth analysis about the implications of

cybersquatting under Cybercrime Prevention Act of 2012.

Specifically, the study aims to attain the following objectives:

1. Determine the perception of Legal Studies students in Lyceum of the Philippines

University Cavite on cybersquatting and its connection to trademark

infringement;

2. Assess the implications of cybersquatting to Legal Studies students in Lyceum of

the Philippines University Cavite;

3. Depict the effect of such implications to the effectivity of the law concerning

trademark infringement; and

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4. Identify the issue that the Philippine government should consider in implementing

the Cybercrime Prevention Act concerning cybersquatting.

1.4 Significance of the Study

The acquisition of the research findings will be beneficial to the following

individuals:

1. Legal Studies Students. The findings of this study will help the Legal Studies

students to comprehend cybersquatting and trademark infringement issues within

the Cybercrime Prevention Act of 2012, and contribute to a better understanding

of the effectiveness of existing legal frameworks.

2. Business Owners. The study is significant to business owners because

cybersquatting can harm their brand reputation, lead to financial losses, and

confuse consumers, impacting their ability to maintain customer trust and loyalty.

The study can reveal the disproportionate impact of cybersquatting on small

businesses that may lack resources for legal action, leading to policy

recommendations for their protection. Moreover, this will outline how trademark

infringement affects their businesses legally.

3. Domain Name Registration Practices. Investigating cybersquatting can inform

discussions on domain registration policies, including the need for stricter

verification procedures to prevent malicious actors from acquiring domains. Thus,

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this will provide a cohesive study on the possibilities that may arise from

trademark infringement.

4. Consumer Trust. This study can reveal how cybersquatting affects consumer

trust in online brands, potentially leading to more informed consumer choices and

increased vigilance against fraudulent websites. Hence, consumers in any

platform will be able to comprehend the implications of cybersquatting in the

products they purchase.

5. Legislators. This study will serve as a guide for legislators in understanding the

implications of the current law affecting cybersquatting. The researchers’

objective is to line out its implications for possible points of the Cybercrime

Prevention Act 2012 for amendments. Legislators can create effective and

enforceable laws that can deter cybercrime, protect individuals and businesses,

and establish a legal framework for dealing with evolving digital threats.

6. Society. This study will enlighten the people of the true nature of the Cybercrime

Law, specifically the implications of cybersquatting. The researchers aim to

present the history and background of the law so as to know where it came from,

and to outline how such affects the society in its every sector. It is crucial for

society to protect intellectual property rights, foster fair competition, and maintain

trust and integrity in online transactions.

1.5 Scope and Delimitation

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The scope of this study is limited only to all students enrolled under Bachelor of

Arts in Legal Studies for Academic Year 2023-2024 at the Lyceum of the Philippines

University Cavite, excluding the researchers.

The study was focused on determining the perceptions of the Legal Studies

students by subjecting them to a set of questions related to cybersquatting, trademark

infringement and the Cybercrime Prevention Act of 2012. These questions are derived

from the study of Khan et. Al (2015), and were modified according to the information

needed in the research study.

1.6 Theoretical Framework

Bottom-Up Approach and Institutional Fit Approach

The bottom-up approach, which asserted that “implementation is in essence a

political procedure,” emerged as the ideal counterargument to skeptic top-down models

in which regulations is devised by political leaders and manually executed through

impartial providers of services and street-level bureaucrats. Notable die-hard bottom-

uppers include Berman (1978 and 1980), Lipsky (1978), Hull and Hjern (1987), who

contend that a more precise comprehension of how policies are implemented is likely to

be acquired through investigating its actual execution.

Implementation happens on two levels, according to Berman (1978): macro- and

micro-level implementation. The government program is created by centrally placed

actors

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at the macro-implementation level; at its micro-implementation level, local groups respond

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to the macro-level plans by creating their particular initiatives and putting them into

action. According to Berman, the “interaction of a rule with the micro-level institutional

setting” is the primary cause for the majority challenges with implementation. The

regulations developed at the national level may be dominated by the local organizations

and context- specific variables, and legislators are unlikely to be able to regulate the

processes. As a result, there are significant differences in how the same national policy is

carried out locally (Palumbo, Maynard-Moody, and Wright 1984). Theorists of the

bottom-up approach have additionally come to conclusions that there certainly cannot be

a “context free” theory of implementations (Palumbo, Maynard-Moody, and Wright,

1984). Implementation is more inclined to fall short if local administrators, or those at the

“street level,” “are lacking in the autonomy and opportunity of adapting regulations to

their own realities.” Additionally, they contend that in order to possess a better grasp of

the course of a given policy, street- level bureaucrats’ activities must be taken as well into

account because it is at the small scale that directly impacts citizens on ground level

(Palumbo 1984).

In order to understand the discrepancy between the initial policy directions

imagined at the national level and their actual execution on the ground, this study will

apply Michael Lipsky’s notion of street-level bureaucrats including their utilization of

freedom of choice. Michael Lipsky described street-level bureaucrats in his seminal work

as “public service workers that relate closely with citizens in the ordinary course of their

duties, and who also have significant control in the performance of their duties” (Meyers

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and Vorsanger 2003). As a result, they play a distinctive and important part in

the

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implementation process. Only law enforcement officials, city or provincial prosecutors,

state counsels, government attorneys, judges, and other individuals involved in

cybercrime who directly affect policy execution would be regarded street-level

bureaucrats in this study. This presents us once again to the idea of “institutional fit,”

which means that new programs cannot simply be created at the national level and

brought in in a particular location, particularly if street-level bureaucrats relish some

discretionary freedom (Lejano and Salvador 2006). The amount of alignment between the

policy and its locale context, which is mostly shaped by local bureaucrats and other social

influences, should also be taken into account by legislators (Lejano and Salvador 2006).

1.7 Conceptual Framework

The research study adopts the system approach (Input-Process-Output) in

describing the conceptual framework of the study. An effective method for both

analyzing and capturing the key elements of a transformation process is provided by the

IPO Model. The paradigm below serves as an illustration of the study’s conceptual

framework.

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Figure 1. A Table Showing the Input Process Output Model of the Study

The study’s input box contains information about the age, sex, and academic year

of the Legal Studies students. In accordance with the Cybercrime Prevention Act of 2012,

it also incorporates some ideas of trademark infringement and cybersquatting.

The procedure box demonstrates how survey questions are distributed while using

both qualitative and quantitative data collection for the undertaking. The mean,

percentage, frequency count, and standard deviation were used to evaluate and interpret

the data. Answers were gathered using SWOT analysis in essay-style questions.

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The study’s findings are displayed in the output box, giving legal studies students

at the Lyceum of the Philippines University Cavite a thorough understanding of

cybersquatting, trademark infringement, and the Cybercrime Prevention Act of 2012 and

its repercussions.

1.8 Definition of Terms

The following terminologies are operationally used in the study:

Acquisition – refers to the process of one company or organization purchasing or

taking over another company or its assets.

Copyright – a legal protection granted to the creators of original creative works,

such as literature, music, art, software, and other intellectual property.

Cyberbullying – a form of bullying that takes place through digital

communication technologies, such as the internet, social media platforms, text messages,

or other digital means. It involves using these technologies to harass, intimidate, threaten,

or harm others, typically with the intention of causing emotional distress or harm.

Cybercriminals - are individuals or groups who engage in criminal activities

using digital technologies, the internet, and computer networks.

Cybercrime – refers to criminal activities that are carried out using computers,

computer networks, and the internet.

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Cybersex – refers to a form of sexual interaction or communication that takes

place over the internet or through digital devices. It typically involves individuals using

text, audio, video, or other digital means to engage in sexually explicit conversations or

activities with one another.

Cyber squatters – often take advantage of the fact that some individuals or

companies may want to secure domain names related to their brands or trademarks and

are willing to pay a premium to acquire them.

Cybersquatting – refers to the act of registering, trafficking in, or using an

internet domain name with the intent to profit from the goodwill of someone else’s

trademark.

Damage – refers to harm, injury, or loss suffered by an individual, group, or

entity as a result of the actions or negligence of another party. Damages are a crucial

concept in legal contexts, particularly in civil law, where they are a remedy sought by a

party who has been wronged or injured by another.

Domain name – is a piece of text that corresponds to an IP address that is

alphanumeric and is used to access websites from client software.

Enforcement – refers to the act of compelling or ensuring compliance with a law,

rule, regulation, or agreement.

Implementation – refers to the process of putting a plan, idea, or concept into

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action or practice.

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Imprisonment – refers to the act of confining or incarcerating someone, typically

as a legal penalty or punishment for committing a crime.

Infringement – refers to the violation or a breach of a law, regulation, rule, right,

or agreement, particularly in the context of intellectual property or legal rights.

Intellectual Property – refers to the legal rights that are granted to individuals or

entities for their creations or inventions of the mind.

Law suit – A lawsuit is a legal dispute or case that is brought before a court of

law for resolution. It is a formal legal proceeding in which one party, known as the

plaintiff, files a complaint or a claim against another party, known as the defendant,

alleging that the defendant has violated a legal right, committed a wrongdoing, or caused

harm.

Liberty – is a concept that refers to the state of being free from oppressive

restrictions or control. It encompasses the idea of personal freedom, individual rights, and

the ability to make choices and decisions without undue interference from external

authorities or forces.

Penalty – punishment, fine, or adverse consequence imposed on an individual,

group, or entity for violating a law, rule, regulation, contract, or some established

standard of conduct.

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Phishing attacks – a type of cyberattack in which cybercriminals use deceptive

tactics to trick individuals or organizations into divulging sensitive information, such as

login credentials, financial data, or personal details.

Stipulations – conditions, terms, or requirements that are specified in a contract,

agreement, or legal document.

Trademark – is a legal concept that refers to a unique symbol, word, phrase,

design, or combination thereof that is used to identify and distinguish the goods or

services of one business or individuals from those of others.

Trademark infringement – is an unauthorized use of a brand or service mark

which might be in relation to products or services, and could cause misunderstandings,

deception, or confusion regarding the true source of a good or service.

Trademark law – a legal framework that governs the protection of trademarks. A

trademark is a distinctive sign, symbol, word, or phrase used by businesses to identify

and distinguish their products or services from those of others.

Trafficking – refers to the illegal trade or transport of goods, services, or

individuals, often involving activities that exploit vulnerable people for various purposes,

including forced labor, sexual exploitation, or other forms of abuse.

Typosquatting – is one of the most common types of cybersquatting. In this

instance, the cyber squatter deliberately buys misspelled domain names for popular

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brands.

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If a domain name is typed incorrectly, the intention is to redirect users to a malicious

website.

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CHAPTER II

LITERATURE REVIEW

The researchers were able to select a number of well-known studies from the wide

variety of resources available. There are numerous materials available online, as well as

some in the university library. A number of critiques of the Cybercrime Prevention Act of

2012, including cybersquatting, which constitutes one of particularly obscure unlawful

practices covered by its provisions, emerged as the general public monitored the

evolution of the law.

2.1 Local Studies

The Primary Objective of Cybercrime Prevention Act of 2012

According to Dizon (2008), the increase in Internet utilization in the

Philippines has concurrently resulted in an escalation in instances of

cybersquatting, which refers to the illicit act of registering and employing a

domain name associated with a prominent brand or trademark that is owned by

another entity. The increasing prevalence of local domain name speculators,

commonly referred to as domainers, is resulting in a higher incidence of

cybersquatting instances within the nation. The COVID-19 pandemic expedited

the utilization of digital breakthroughs as individuals, constrained by mobility

restrictions, hastened their transition to online platforms. Nevertheless, the

proliferation of connections

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is accompanied by a corresponding rise in cyber dangers. On an individual basis,

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Filipino individuals exhibit vulnerability to instances of data breaches and

infringements upon their privacy in the online realm.

Cybercrime Prevention Act of 2012 is enacted to address and mitigate

cybercrimes through proactive measures, including pre-emption, prevention, and

prosecution. These cybercrimes encompass a range of illegal activities, such as

violations against the privacy, confidentiality, integrity, and availability of

computer data and systems. Additionally, the act also encompasses offenses that

are directly related to computers, as well as those involving objectionable

material. Similarly, Republic Act 10173 aimed to address identity theft and

unsolicited electronic messages. However, there were other factions that

expressed opposition towards the inclusion of Internet posts under the purview of

libel law. As a result, the Supreme Court intervened by issuing a temporary

restraining order and a status quo ante decree. Moreover, this legislation stipulates

that legal action taken under the Cybercrime Prevention Act of 2012 would not

exempt individuals from any legal consequences for breaching any section of the

Revised Penal Code, as modified, or any other relevant statutes. (Villanueva,

2021)

In connection to cybersquatting, the data provided by the World

Intellectual Property Organization (WIPO) stipulates that there was a 1.3 percent

increase in the number of domain name disputes in 2017 compared to the

previous year. In the year 2018, the United States accounted for the most number

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of conflicts, reaching

a cumulative total of 920. Certain countries, such as the Philippines and the United

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States, have implemented strict regulations against cybersquatting that go beyond

the standard provisions of trademark law. In contrast, nations like China have

more relaxed laws pertaining to the protection of intellectual property in the

online realm, hence, creating an environment conducive to the proliferation of

cybersquatting activities. Chinese individuals who engage in squatting activities

have gained notoriety for their practice of registering domain names that have a

resemblance to prominent American firms. An instance worth mentioning is a

legal dispute initiated by Pinterest, a platform for sharing photographs, against an

individual from China. The lawsuit alleges that the said individual registered the

domain name “pintersts.com” with malicious intent. Additionally, the individual

was accused by the corporation of utilizing the distinctive 'red-coloured’ logo

associated with Pinterest on his website, a practice intended solely for the purpose

of displaying adverts. The individual engaged in cybersquatting activities in

China was subjected to a monetary penalty amounting to USD 7.2 million, which

included the costs incurred for judicial proceedings.

Cybersquatting Incidents in the Philippines

A cybersquatting incident is causing a stir in the Philippine e-commerce

industry and domain squatting industry rocks the Philippine e-commerce start up

scene in the Philippines. A local blog that focuses on tech startups, The Bobbery,

revealed that daily deals website Metrodeal is said to be the owner of a number of

domain names that are connected to pornographic websites and are all versions of

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the names of competing companies. The list of web addresses that were link to

adult content like cash-cash-pinoy.com, cashcashpinoys.com, cashcash-

pinoy.com, deal- grocer.com, dealdozens.com, ensogos.com, and kerendeals.com

were reported to be a subject of trademark infringement.

Cybersquatting is the act of registering a domain name that is confusingly

similar to a well-known website. The person who registered it typically intends to

capitalize on the domain name or even harm the reputation of the intended

website. No matter who the site’s owner is, the prohibitions banning

cybersquatting that are part of the new law are unable to be put into effect due to

the Cybercrime Law’s indefinite suspension as a result of debates over online

libel. Many media professionals, journalists, and citizens reject the Cybercrime

Prevention Act of 2012 (RA 10175), however a Catholic leader by the name of

Legazpi Bishop Joel Baylon asked the populace to allow the newly enacted law

the chance to apply the bill’s provisions. The Chairman of the CBCP Episcopal

Commission on Youth, Legazpi Bishop Joel Baylon, acknowledged that the law

has advantages and disadvantages.

Additionally, Baylon said that citizens who were victims of cyberbullying

and e-libel have a right to protection against those who use the internet with

harmful intent. This protection extends beyond just protecting politicians,

celebrities, and other well-known members of society. Thus, Baylon asked the

administration to

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execute the IRR, which will negate all of the public’s negative sentiments and

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assertions. According to the law’s provisions, it is illegal to access or use any

computer data, publish or distribute illegal files online, access or use any account

passwords online, use any illegal online services, or engage in cybersex or child

pornography, all of which are pervasive in today’s society. (Krisa, 2013).

Trademark Infringement: Cybersquatting Under Republic Act 10175

Cited in the study of Banzuela and Garcia in 2015, ten years after former

congressman Eric D. Signson’s original proposal, Republic Act 10175, more

commonly referred to as the Cybercrime Prevention Act of 2012, was passed into

law. The passage of the law required some time because it was necessary for

lawmakers and other individuals to comprehend the scope of cybercrime

including whether or not the stipulations for punishment under Republic Act

8792, the E- Commerce Law, were enough. Hence, when these issues emerged,

Republic Act 10175 was enacted. In Philippine law, cybercrimes are enumerated

as follows: (1) Illegal Access; (2) Illegal Interception; (3) Data Interference; (4)

System Interference; (5) Misuse of Devices; (6) Computer-Related Forgery; (7)

Computer- related Identity Theft; (8) Computer-related Fraud; (9) Cybersex; (10)

Child Pornography; (11) Libel; (12) Aiding or Abetting in the commission of

cybercrime;

(13) Attempt in the commission of cybercrime; and the most innominate

cybercrime in the Philippines, (14) cybersquatting.

According to the stipulations of RA 10175, cybersquatting, or the

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acquisition of domain name over the Internet in bad faith to profit, mislead, destroy

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reputation, and deprive others from the registering of the same, includes those

existing trademark at the time of registration; the names of persons other than the

registrant; and acquired with intellectual property interests in it. Those who get

domain names of prominent brands and individuals which in turn are used to

damage their reputation, can be sued under such provision. This constitutes the

fact that the freedom of expression and infringement on trademarks or names of

persons are treated separately because a party may exercise his liberty to express

himself without the need to violate the trademarks of brand names or such of a

person.

Moreover, the penalty prescribed under the Revised Penal Code of the

Philippines indicate Prision Mayor or imprisonment of six years and one day up

to twelve years or a fine of at least five hundred thousand pesos (P500,000.00) up

to a maximum amount commensurate to the damage incurred or both shall be

imposed, or if committed against critical infrastructure, Reclusion temporal

(imprisonment for twelve years and one day to twenty years) or a fine of at least

five hundred thousand pesos (P500,000.00) up to a maximum amount

commensurate to the damage incurred or both. (Philippine Republic Act 10175,

2012)

Cybersquatting: Not Viewed as a Prominent Concern in the Philippines

In a study of Secure Connections which is an Initiative of the Asia

Foundation, it was reported in the year 2022 that the underlying essence of the

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Internet is in the interconnectedness and dissemination of information. The act of

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exchanging knowledge facilitates the acquisition of insights. Insights serve as

catalysts for the generation of ideas. Ideas serve as the foundation for the

development of both ideology and philosophy. Ideology and philosophy serve as

motivating factors for individuals to engage in self-organization and proactive

behavior. The rate at which information diffuses and ideas are adopted has

accelerated significantly with each successive change in the medium of

dissemination.

The Internet has undeniably facilitated the global distribution of economic

opportunities, resulting in several achievements. These achievements are evident

in the increased integration of supply chains across nations, as corporations strive

to identify the manufacturer offering the most cost-effective and dependable

solutions. The business process outsourcing (BPO) industry in the Philippines has

emerged as an additional avenue for generating service export earnings,

supplementing the traditional reliance on remittances from overseas Filipino

workers.

Cybersquatting is not currently regarded as a prominent concern in the

Philippines. Due to the nascent state of digital transformation in the country, there

appears to be a prevailing assumption that threat actors do not provide a

significant threat or that the Philippines is not a prime target. The global systemic

shocks experienced worldwide were a result of the pandemic and the intense and

divisive polarization of political discourses. These unexpected events

disrupted the
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established assumptions and prevailing knowledge about the Internet. The twin

shocks, if anything, have revealed the vulnerability of social, economic, and

political frameworks. With heightened urgency, the imperative to proactively

prevent or, at the very least, minimize the potential harm that could arise by

giving more thought and taking more action towards the adoption and

enforcement of cybersecurity protocols.

No Case of Cybersquatting Raised in the Philippine Supreme Court

The Philippines passed the Cybercrime Act in 2012; roughly three years

later, the Departments of Justice, Interior and Local Government, and Science and

Technology published the Act’s Implementing Rules and Regulations (IRR). It

defined several offenses relating to cybercrime, including cybersquatting.

In the study of Alberto and Pelongco in 2020, they stated how the United

States implemented its cybercrime law and what is the Philippines Cybercrime

Act status. It stated that taking into account the newly implemented but untested

provisions of the Philippines’ Cybercrime Act raises the question of how the

Philippine jurisdiction’s designated cybercrime courts would respond to a UDRP

case. The network of contracts that ICANN and Providers use to bind all parties

interested in a dispute is not available to courts. A less-than-friendly climate for

registrants accused of cybersquatting may result from the fact that Philippine

legislation, unlike ACPA in the U.S., does not define reverse domain name

hijacking. In other words, it has yet to be determined if the Cybercrime Act will

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protect the legitimate claims of trademark owners and registrants.

The Supreme Court emphasized that RTCs designated as Special

Commercial Courts in the same document are also further designated as

Cybercrime Courts to try and decide Cybercrime cases covered by the law in this

Administrative Matter, titled “Designating Certain Branches of the Regional Trial

Courts to Try and Decide Cybercrime Cases Under Republic Act No. 10175.”

Even though cybersquatting is specified by law, no case that directly

addressed the pertinent provisions has ever made it to the Philippine Supreme

Court. The Department of Justice’s (DOJ) Office of Cybercrime reports that there

were just four cases in 2014, two in 2015, and one in 2016. The need for more

legal guidance on handling ongoing or concluded administrative actions involving

cybersquatting cases is even more concerning. As far as the authors are aware,

there have yet to be any instances that address this specific conundrum. There has

yet to be a corresponding law in the Philippines, unlike the U.S., where the courts

have ruled that the UDRP is only a cause of action to begin a review under the

ACPA196 and not an arbitration subject to minimal review. It differs from the

processes that are envisioned by arbitration laws.

2.2 Foreign Studies

Policies and Mandates to Solve Trademark Infringement Disputes

Cybersquatting is illegal as it is a form of extortion or as an attempt to steal

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business from the authentic owners. Through the laws, rules, and frameworks that

are put into place, cyber security also indirectly influences political interactions

and interactions among nations, regions, international organizations, and

corporate entities. It is impossible to bring cybersquatting under the authority of

only one law. Over and beyond the standard laws governing trademark law,

certain nations have additional prohibitions against cybersquatting. Thus, in an

effort to stop cybersquatting, some countries have imposed rather arbitrary

restrictions on the use of domain names, such as demands that the domain name

be distinct or contain no broad terms.

The World Intellectual Property Organization (WIPO) is the international

organization that acts as a global hub for intellectual property (IP)-related

information, collaboration, and services. In the study of Bhusari and Rampure in

2022, the WIPO has been significant in putting a stop to cybersquatting. Around

7000 cybersquatting cases were submitted to the World Intellectual Property

Organization (WIPO) in 2022, and over 7900 domain names were present in the

total. Particularly since 2012, when there were almost 2900 such conflicts, the

number of cases submitted to the World Intellectual Property Organization has

grown (Petrosyan, 2022). As a result of this, the study of Singh entitled

“Cybersquatting and Regulatory Mechanisms in 2021” stated that providing tools

for online dispute resolution could aid in resolving complaints and increase

consumer confidence in online commerce.

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To resolve disputes involving domain names, the WIPO established the

Internet Corporation for Assigned Names and Numbers (ICANN) Policy, which is

an online domain name dispute resolution process. Its responsibility is to maintain

the stable and secure operation of the unique identifier systems that are used

throughout the entire global Internet. This approach is not only quicker, but also

more economical. On the other side, the United States became the leading

protector against cybersquatting. Along with the WIPO, the Anticybersquatting

Consumer Protection Act of the United State is working together to offer anti-

cybersquatting protection to people and owners of distinctive trademarked names.

Similarly in the Philippine scenario, the Republic Act No. 10175, otherwise

known as the Cybercrime Prevention Act of 2012, categorizes cybersquatting as a

criminal act (Senate and House of Representatives of the Philippines, 2012).

Under the new Senate Bill, squatters could spend six to twelve years in prison if

found guilty (Realtime Register, 2012). The Philippine adopted the Uniform

Domain Name Dispute Resolution Policy (UDRP) which is the legal basis for

resolving disputes between a domain name registrant and a third party about the

unauthorized registration and use of an Internet domain name in the generic top

level domains (World Intellectual Property Organization, n.d.).

Types of Cybersquatting

Cybersquatting is the most severe domain dispute that takes place

worldwide. As old as the World Wide Web (www.) itself, cybersquatting is a

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recognized practice that dates back to its inception. Many organizations and

individuals lacked a thorough knowledge of the commercial prospects offered

online in the early years of the internet. During this time, some fraudsters would

profit from this situation by registering domains in the names of well-known

businesses (Kaspersky, 2023). According to the study of Bhusari and Rampure in

2022, there are many different sorts of cybersquatting being formed nowadays

because the primary objective of cyber-squatters is to conduct illicit internet

commerce at the expense of the goodwill and trade name of legitimate trademark

owners.

The types of cybersquatting ate the following:

1. Typosquatting

Typosquatting is the most prevalent sort of cybersquatting, in which a

cybersquatter registers domain names with variations of well-known

trademarks (Stella & Kumari, 2022). The cyber squatters will create a typo in

the domain name that will be registered on purpose. Since these typos are

generic in nature, there is a risk that many users will enter them erroneously

and subsequently be forwarded to the website of cybersquatters (Bhusari &

Rampure, 2022).

2. Identity Theft

Identity theft is the common cybercrime that can be under the manipulation of

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the cybersquatters. The internet sources different identity theft issues. The

cybersquatters monitor the expiration of domain names registered in the

names of renowned or well-known trademark owners using a variety of

techniques, including internet programs. Cybersquatters register domain

names in their own names after the ownership of such names expires in order

to deceive website visitors into believing that the website is maintained by the

same original trademark owner who also owned the domain name .

3. Name Jacking

Name jacking takes place when a cyber squatter utilizes the real name of a

famous person to construct an imitation website. Similarly to the study of

Bhusari and Rampure in 2022, Cybersquatters register domain names in the

names of such well-known public figures with the intention of attracting

visitors to the website associated with their legitimate online identity. They

are typically employed to increase traffic to the website of the cybersquatter,

which may have nothing at all to do with the content of the famous person.

4. Reverse Cybersquatting

This strategy, often referred to as reverse domain name hijacking, involves

hackers taking advantage of the current legal system to help their domain

squatting. Cyber squatters will exploit the law, such as the Anti

Cybersquatting Consumer Protection Act (ACPA), to try and take over the

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website in question

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by claiming that the actual owner is web squatting using the business name

that they own (Kaspersky, 2023). The legitimate trademark owner, who

properly registered the domain name and protected it, would be intimidated by

the cyber squatters, who would then urge him to transfer the domain name

into their name.

The growth of trade relationships from the physical world into the digital

one today fosters a positive trading environment for players. However, some

groups have turned the Internet’s expansion into a site of dishonesty in addition to

its positive qualities. Famous brand names and domain names are being misused,

which is leading to unfair market rivalry. This activity is referred to as cyber-

piracy in some nations and unfair competition in others. The goodwill of a firm is

identified and represented through its trademarks. There has been a lot of

controversy in recent years around trademark infringement using various tactics,

including cybersquatting. The future potential of a corporation may be

compromised by such misinformation. However, there is no law in India that

regulates cybersquatting, and efforts to do so have largely been fragmented. Even

if there is a global framework to stop cybersquatting, it is not enough to stop the

growing menace of cybersquatting. This document lays the foundation for anti-

cybersquatting legislation to be passed in India. In order to reach their results, the

authors employed secondary sources such as books, online journals, databases,

media reports, statistical data, etc. (Hein Online, 2021) The words, images,

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expressions, logos, or mottos that distinguish one company from another are

known as trademarks.

Nowadays, trademark encroachment is frequently observed in an effort to

capitalize on the generosity of an existing brand name. Cybersquatting is one such

type of brand name infringement. Cybersquatting is described as a method for

registering, purchasing, or using a domain name with the intention of profiting

from the generosity of another person’s existing brand name. It pertains to the

practice of buying up domain names that contain the names of already-established

businesses with the intention of offering them at a profit to those legitimate

owners or to masquerade as the official website of the brand in an effort to

confuse or dupe current and potential customers. Although there are related laws

and international structures in this way, some laws does not have a specific

systematized method to handle instances of cybersquatting. As a result, they fall

short of effectively managing the constantly growing risk of cybersquatting.

Domain Name Basics: Understanding Trademark Infringement

In Khal, et. Al, study in 2015, it was cited that understanding the

technological context that has allowed the problems outlined in the research study

have developed is crucial. Alongside every website moniker on the Internet is an

IP address. A Domain Name System (DNS) is necessary for every web server in

order to convert domain names to IP addresses. A collection of numbers called an

IP address looks like 192.91.247.53. Characters which are simpler to remember

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make up the domain name. In Figure 2, a domain name example is shown.

Figure 2. A Diagram Showing Domain Name System

In order to route demands to link computers on the Internet, dispersed

databases execute the task of locating domain names to their respective IP

addresses. These databases hold a database containing domain names and their

associated Internet Protocol (IP) addresses. The hierarchical nature of the DNS

enables a distributed administration of name-to-address conversion. (Khan, et. Al,

2015)

Typosquatting: The Infamous Category of Cybersquatting

Typosquatting, where a cyber squatter registers domain names with

variations of well-known trademarks, is the most prevalent type of cyber

squatting.

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Typo squatters are dependent on the assumption that people using the Internet will

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type domain addresses incorrectly into the web browsers they use. Through these

minor misconstructions, people will unconsciously delve into infringed domain

names, which will negatively affect the original owner of a trademark. People will

be able to open the infringed versions of the authentic domain name. Some

instances of typosquatting consist of the following:

Table 1. A Table Showing Different Kinds of Typosquatting

It is important to remember that the Internet Corporation for Assigning

Names and Numbers (“ICANN”) is responsible for managing and coordinating

the domain name system by controlling the dispersion of distinctive Internet

Protocol (“IP”) addresses and domain names. However, many domain name

registries located throughout the world are responsible for handling actual domain

name registration. Cybersquatting Competitor Disputes and Parody Disputes have

been the key concerns in the different domain name disputes that have been

brought before courts across the world.

By doing this, a cyber squatter violates the trademark proprietor’s

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entitlement to make use of his own brand. In this way, the online squatter

infringes the trademark owner’s fundamental freedom to utilize the trademark.

The domain names which have been “squatted” are occasionally, however not

constantly paid for within the process for registration by the cybersquatters, which

makes cybersquatting somewhat distinct. It is crucial to remember, though, that

registering a domain name is a perfectly acceptable procedure. Entrepreneurs who

attempt to capitalize on the goodwill generated by others through declaring

domain names that draw in the public are adding to the problem caused by

cybersquatting. Of particular concern is the practice that is on the rise of

registering celebrities’ names, especially when the domain name ends up being

utilized for a pornographic website. The fact that more cybersquatting claims have

been submitted with the World Intellectual Property Organization (WIPO) in

2005 than in 2004 is further evidence of the nuisance that cybersquatting causes

more today that the world is in a more modernized and globalized situation.

Heightened Awareness on Domain Name Infringement

During the early days of the Internet, a significant number of enterprises

and individuals had only a little understanding of the broad spectrum of

commercial prospects that existed in the online realm. During this period, a subset

of hackers exploited the situation by engaging in the registration of domains under

the guise of reputable companies, so capitalizing on this activity for financial

gain. This

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marked the inception of the practice commonly known as cybersquatting. In

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contemporary times, the prevalence of technological literacy among individuals

has increased significantly, leading to a heightened awareness of the significance

of managing domain names associated with their own corporate enterprises.

Consequently, the practice of cybersquatting has witnessed a decline in frequency

compared to previous periods. However, despite efforts to mitigate its occurrence,

cybercrime continues to persist, posing unexpected challenges for its targets.

Consequently, it is imperative for prominent corporations and individuals to

acquire a comprehensive understanding of its mechanisms and potential impact.

(Kapersky, 2023)

In addition, he provided that In order to address an instance of

cybersquatting, a corporation or proprietor of a trademark may opt to initiate

communication with the individual engaging in the practice and provide monetary

compensation in exchange for obtaining control over the domain name.

Nevertheless, the existence of specific legislative measures has facilitated the

potential for constructing a legal argument against the individual occupying the

property without authorization, enabling the initiation of criminal proceedings.

(Kapersky, 2023)

● The burden of proof is with the claimant in establishing a case of illicit

online squatting. In order to accomplish this task, it is typically necessary

for individuals to provide substantiating proof that:

● The reputation or trademark of the entity in question has become widely

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recognized and has been weakened due to the practice of domain squatting.

● The individual who engaged in squatting activities deliberately registered

a domain name with the purpose of encroaching upon the rights of, and

deriving financial gain from, the pre-existing corporation, individual, or

owner of a trademark.

● In order for a web squatting site to be established, it is necessary for the

domain to either match or bear resemblance to an already existing name or

trademark.

Diverging Methods in Preventing Cybersquatting

In relation to the substantive basis of a claim, Panton, V. (2013) stated that

there exists a wide range of methods. It is worth noting that a majority of

European countries tend to derive the foundations of anti-cybersquatting

assertions from overarching legislations pertaining to trademarks, unfair

competition, passing off, as well as the safeguarding of personal and trade names.

This study presents an analysis indicating that in certain instances, conventional

legal mechanisms prove inadequate in addressing the complexities posed by the

Internet, resulting in jurisprudential outcomes that are deemed unacceptable. The

phenomenon of cybersquatting, specifically when it involves obstructing domain

name registrations, presents challenges for courts when it comes to determining

the concept of “use in commerce” within the context of trademark law, as well

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as in

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cases involving deception in passing off actions. The realm of conflicts between

competing rights, including trademarks and personal and trade names, presents an

additional source of stress. The absence of well-defined regulations in this area

contributes to a state of uncertainty. Several governments, such as Belgium,

Finland, France, and Denmark, have deemed the matter critical and have

implemented specialized legislation to address the issue of cybersquatting. The

implementation of anti-cybersquatting legislation effectively addresses the

challenges arising from the endeavor to apply conventional legal rules, while

preserving their supplementary applicability, without any bias.

The utilization of trademark infringement continues to be the predominant

strategy employed in addressing the issue of cybersquatting. Numerous European

nations have created an established corpus of legal precedents pertaining to

domain names that violate trademark rights. The confrontation between the

accessibility of cyberspace and the idea of territoriality gives rise to several

challenges. Put differently, there exists the possibility of a single domain name,

such as xyz.com or xyz.de, with 200 trademark registrations for the term “xyz” in

100 distinct nations, each registered within different classes. These circumstances

give rise to conflicts between trademarks and domain names. Furthermore, it

appears that trademark law is inadequately equipped to address the issue of cyber

squatters, and the judicial system has encountered difficulties in applying the

principles of trademark infringement to cases involving cybersquatting. The

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concept of “use in commerce”

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refers to the requirement for a trademark to be actively utilized in connection with

the sale or provision of goods or services in order to establish and maintain legal

protection. Various legal avenues are available to address the issue of

cybersquatting. These include pursuing claims of trademark infringement, unfair

competition, passing off, relying on specific anti-cybersquatting legislation,

seeking protection for personal names, and exploring sui generis solutions. The

consideration of these factors will be examined sequentially within the

jurisdictions of countries that adhere to the common law and civil law legal

systems. (Panton, 2013)

2.3 Synthesis

A trademark, design, slogan, or instantly recognizable image is a carefully

designed personality profile of a person, organization, business, good, or service. (Khan,

et. Al, 2015) This means that image cannot be easily remembered without studiously

crafting one’s personality profile. The market for internet domain names is enormous.

The globe is seeing a major revolution in the area of communications, which has given

internet residents countless new options. The wide-ranging web has evolved into an

effective instrument for organizations to market, advertise, as well as sell products and

solutions as a result of its growing relevance. Unfortunately, cybersquatting, which

results from dishonest and illegal behavior, has also proliferated.

According to the study’s review of related literature, cybersquatting, also known as

domain name squatting, is defined by the Cybercrime Prevention Act of 2012 as the

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registration, trafficking, or use of a domain name alongside the malicious intention of

generating revenue by exploiting the goodwill of another person’s trademark. The cyber

squatter then makes an exorbitant offer to market the domain to the individual or business

that is the owner of the trademark associated with the name. The word originates from

“squatting,” which is the action of inhabiting an empty or deserted property or place

without the owner’s, tenant’s, or other authorized user’s approval. The domain names

which have been “squatted” are occasionally, however not constantly paid for within the

process for registration by the cyber squatters, which makes cybersquatting somewhat

distinct. The costs cyber squatters typically want are much higher than the ones they

originally paid. Several cyber squatters post disparaging comments about the person or

business the domain is meant to symbolize in an attempt to persuade the target to

purchase the domain from them. Others monetize their squatting by posting sponsored

connections through ad networks to the real website that the user probably wanted.

In conclusion, cybersquatting in the Philippines has broad repercussions in the fields

of cybersecurity, law, and economics. Cybercriminals might use cybersquatting to set up

phishing attacks, disseminate malware, or steal confidential data. Cybersquatting

litigation or arbitration is frequently used to settle disputes, which can be time-consuming

and expensive. This burdens the legal system and raises the cost to those who are

affected. To preserve intellectual property, uphold online trust, and promote a secure

digital environment, enterprises, governmental organizations, and international

stakeholders must work together to address this issue.

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CHAPTER III

METHODOLOGY

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This chapter presents the research design, the sampling design, respondents’

description, research instruments, data gathering procedure, data analysis, as well as

statistical treatments used in order to establish reliable and pertinent study results.

3.1 Research Design

In the research study, mixed methods were employed to gain a comprehensive

understanding of the complex relationship between Legal Studies student perceptions of

trademark infringement and the implications of cybersquatting. By incorporating both

qualitative and quantitative approaches, researchers aimed to delve deeply into the

subjective experiences and attitudes of Legal Studies students regarding trademark

infringement (qualitative) while simultaneously quantifying the extent and impact of

cybersquatting (quantitative). This mixed methods approach allowed for a multifaceted

exploration, enabling the researchers to triangulate data from diverse sources. Qualitative

data provided rich insights into students’ perceptions, motivations, and contextual factors

influencing their understanding of trademark infringement, offering a nuanced

perspective. On the other hand, quantitative data pertaining to cybersquatting helped

establish statistical patterns and correlations, providing a broader perspective on the

prevalence and implications of this phenomenon. By combining these methods, the study

could offer a holistic view, bridging the qualitative nuances of student perceptions with

the quantitative data on cybersquatting’s tangible consequences, thus enriching the

overall analysis and enhancing the depth of the research findings.

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Consequently, Explanatory Sequential Design (ESD) will be applied to the study.

In this approach, the research begins with qualitative data collection and analysis,

followed by quantitative data collection to explain or validate the initial qualitative

findings. In this study, researchers initially conduct qualitative surveys with Legal

Studies students to explore their perceptions of trademark infringement in-depth.

Through open-ended questions, researchers can gather rich qualitative data, capturing the

nuances and underlying reasons behind the students’ attitudes and beliefs regarding

trademark infringement. Qualitative methods allow for a deep exploration of the topic,

uncovering various perspectives and contextual factors that might influence students’

views.

Essentially, a SWOT analysis on the essay questions concerning the perceptions

of Legal Studies students on cybersquatting and trademark infringement will provide

valuable insights into the qualitative data gathered. By utilizing this structured analytical

framework, researchers can systematically evaluate the content of the essay responses.

This methodical approach enhances the understanding of students’ perceptions and

allows for tailored interventions and educational strategies to address specific areas of

improvement, ultimately contributing to a more nuanced and informed perspective on

cybersquatting and trademark infringement within the Legal Studies context.

After analyzing the qualitative data, the researchers can identify patterns, themes,

and hypotheses. To further validate and explain these qualitative findings, quantitative

methods can be employed. A structured, Likert-scale based survey designed to quantify

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the prevalence of certain attitudes or beliefs identified during the qualitative phase,

will be

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employed. In essence, researchers develop a questionnaire assessing students’ awareness

of cybersquatting cases and their perceived impact on trademark infringement. By

employing an Explanatory Sequential Design, the study can provide a comprehensive

understanding of Legal Studies student perceptions of trademark infringement and its

relation to cybersquatting. The qualitative phase offers depth and context, while the

quantitative phase validates the qualitative findings on a larger scale, enhancing the

study’s overall reliability and validity.

3.2 Variables and Measures

The table below shows the variables and measures used in the study.

VARIABLES MEASURES
Perception of Legal Studies The researchers adapted questions from Khan et al.'s
students with trademark (2015) study, specifically tailored to explore a unique
infringement. set of questions to probe the respondents' perspectives
on cybersquatting and trademark infringement. These
questions were meticulously designed to delve into the
participants' views, shedding light on their perceptions
concerning the cybersquatting and trademark
infringement cases in the realm of cybercrimes.
Perception of the Legal Modified questions from Khan et al. (2015) that would
Studies students on their establish the effects of their familiarity on
familiarity with the cybersquatting and how it would affect their day to day
cybercrime of cybersquatting. online activities.
Perception of Legal Studies Modified questions from Khan et.al (2015) regarding
students with the effect of the trademark infringement in a cyber setting and lay
Cybersquatting under out its effects under Republic Act 10175.
Cybercrime Prevention Act
of 2012.

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Table 2. A Table showing the variables and measures of the study

3.3 Research Locale and Research Respondents

The research was conducted at Lyceum of the Philippines University Cavite,

situated at Governor’s Drive, Barangay Manggahan, City of General Trias, Cavite. The

university, established in June 2008, served as the backdrop for this study.

The participants selected for this research were students enrolled in the Legal

Studies program at Lyceum of the Philippines University-Cavite Campus during the

academic year 2023-2024. The researchers gathered information from the College of

Liberal Arts and Education (CLAE) and LPU Legal Studies Society (LLSS) indicating

that the Legal Studies program comprised 67 students, both male and female, excluding

the researchers themselves.

These students were chosen as respondents due to their relevance to the study’s

subject matter, aligning with their course of study. Furthermore, their age group

represents one of the initial generations exposed to the 21 st century, constituting

approximately seventy percent of the Philippine population. Moreover, they possess

diverse knowledge about technological advancements and are well-versed in

modernization, which is particularly pertinent given that cybersquatting incidents

primarily stem from technological advancements.

3.4 Sampling Design and Technique

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For this study on the perceptions of Legal Studies students regarding

cybersquatting and trademark infringement, a stratified random sampling method will be

employed. The population of interest comprises 67 Legal Studies students at Lyceum of

the Philippines University-Cavite Campus during the academic year 2023-2024. The

students will be divided into strata based on their familiarity and experience with online

activities and intellectual property issues, which are directly relevant to the study on

trademark infringement and cybersquatting.

The stratification will take place by dividing the 67 Legal Studies students into

strata based on their level of engagement with online activities, such as social media

usage, online shopping, blogging, or website ownership. This division ensures that

participants have varying degrees of exposure to the online environment, where issues

like cybersquatting and trademark infringement commonly occur.

Stratum 1: Students actively engaged in online activities (e.g., frequent social media

users, online entrepreneurs).

Stratum 2: Students moderately engaged in online activities (e.g., occasional social

media users, online shoppers).

Stratum 3: Students with minimal online activity (e.g., infrequent internet users,

limited social media presence).

For the survey administration, the researchers will administer the survey

questionnaire to the randomly selected students within each stratum. The questionnaire will

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focus on gathering the students’ perceptions of cybersquatting and trademark

infringement. Then the researchers will analyze the survey responses to draw conclusions

about the perceptions of Legal Studies students regarding cybersquatting and trademark

infringement. Ensure the findings are representative of the entire Legal Studies student

population by accounting for the stratified sampling method during the analysis.

By stratifying the students based on their online activities and intellectual

property awareness, you ensure that the sampled participants represent diverse

backgrounds and experiences relevant to the study’s focus on trademark infringement and

cybersquatting. This approach provides a nuanced understanding of how different levels

of online engagement and intellectual property awareness influence Legal Studies

students’ perceptions in these areas.

3.5 Research Instrument

The researchers formulated a survey questionnaire comprising questions

structured on the Likert scale and open-ended inquiries. These questions were fashioned

based on themes explored in the study conducted by Khan et al. (2015). These themes

encompassed students’ perceptions regarding trademark infringement, the ramifications

of these perceptions within a cyber context, and their influence on cybersquatting

implications under the Cybercrime Prevention Act of 2012. To mitigate bias, the

researchers meticulously consulted their research adviser, ensuring the questionnaire’s

integrity. Subsequently, following validation by experts, the questionnaire was finalized.

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Prior to survey administration, the researchers diligently sought approval from the

Dean of the College of Liberal Arts and Education, formally addressing this request

through a letter. Upon securing consent, the survey was administered to the participants.

The questionnaire included a consent letter, aimed at affirming participants’ voluntary

agreement to partake and acknowledging that their responses would be subject to the

Data Privacy Act. Essentially, the questionnaire encompassed socio-demographic

information, Likert scale-based queries, and subsequent open-ended questions. These

elements were strategically designed to extract pertinent insights from respondents,

illuminating their perspectives on trademark infringement within a cyber context and its

concomitant implications on cybersquatting under the Cybercrime Prevention Act of

2012.

3.6 Data Gathering Procedure

The researchers followed a systematic procedure, which included the following

steps:

1. Submit the research proposal for approval;

2. Validate the survey questionnaire meticulously by experts in the respective field.

3. Obtain approval to conduct the study through a formal letter signed by the

Dean of the College of Liberal Arts and Education.

4. To gather data, two distinct methods were employed. The first method involved

data mining, wherein the researchers explored various sources such as research

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articles, journals, published theses, and unpublished theses, primarily accessed

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through online platforms. The second method encompassed a survey approach,

aiming to elucidate the self-reported characteristics of the target population. This

survey method involved setting study objectives, selecting a suitable survey

frame, determining the sample design, questionnaire design, data collection,

processing, analysis, distribution, and comprehensive documentation of the

survey process.

5. The researchers will personally collect the completed survey questionnaires

from the participants.

6. Subsequent to the collection phase, the researchers will collate and analyze the

gathered data. They will collaborate with a statistician and utilize XLSTAT in

Microsoft Excel for this purpose.

7. The results of the descriptive survey will be methodically compiled, tabulated,

and computed utilizing quantitative data descriptive statistics such as frequency

count, mean, percentage, rank, and standard deviation. Additionally, the responses

to open-ended questions were compared, grouped, and summarized utilizing

SWOT analysis techniques.

3.7 Data Analysis and Statistical Treatment

The researchers employed a comprehensive approach, integrating qualitative and

quantitative data to evaluate the perceptions of Legal Studies students regarding the

ramifications of Cybersquatting under the Cybercrime Prevention Act of 2012.

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To gauge these perceptions accurately, a refined 4-point Likert Scale was utilized.

This scale allowed participants to express their opinions clearly, with each point

representing a distinct viewpoint on the topic. The Likert scale encompassed responses

ranging from “strongly agree” to “strongly disagree,” ensuring a forced choice of opinion

and preventing neutral responses. This structured approach enabled a meticulous analysis

of students’ attitudes and viewpoints concerning cybersquatting and its implications,

providing valuable insights into their perspectives on trademark infringement within the

digital realm.

Furthermore, the study delved into additional factors such as participants’

awareness of legal regulations, prior experiences, and socio-demographic characteristics,

enhancing the depth and breadth of the data analysis and statistical treatment. By

incorporating these multifaceted elements, the research aimed to yield a comprehensive

understanding of Legal Studies students’ perceptions, enriching the study’s findings and

implications.

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