(2) Licensee rights. The licensee has the right to use the purpose of the technology transfer agreement for the duration of the technology transfer agreement. (SEC. 90, CHAPTER IX, PART II OF THE INTELLECTUAL PROPERTY CODE) (1) That philippine laws govern the interpretation of the agreement and, in the event of a dispute, the competent jurisdiction is the ordinary jurisdiction of the place where the taker is headquartered; Article 11. Recognition of existing intellectual property rights. When considering applications for exemptions for clauses limiting the use of technology provided after the expiry of the technology transfer agreement under Section 87.9 of the IP code, the Bureau considers the protection of patents, copyrights, trademark, business or other intellectual property rights in effect even after the end or expiry of the technology transfer agreement. As a precautionary measure, atT parties may also submit their draft contracts to a preliminary review to ensure compliance with the voluntary licensing provisions of the IP code. The application is accompanied by a copy of the agreement, payment of the corresponding taxes and other documents that the Bureau may require to support and establish the merits of the application. 13) those that prevent the licensee from adapting imported technology to local conditions or introducing innovations, provided they do not violate the standards prescribed by the licensee; and a franchising agreement in accordance with the provisions of the Intellectual Property Act on mandatory and prohibited clauses must not be registered at the time of the IPO. There is therefore a narrow line between the licensing agreement and the franchise agreement. However, if you are wondering whether you should enter into a licensing agreement or a franchise agreement, you have to look at the purpose of the agreement and all the things that have been discussed above as a guideline for your decision. (a) an agreement that amends one of the terms of the agreement; (a) new agreements – within 30 days of the execution date or effectiveness, depending on the previous date; (b) renewal agreements – within 30 days of the expiry of the existing technology transfer contract; and c) amendment agreements – within thirty (30) days of such a change or modification.cralaw 2. Those under which the licensee reserves the right to set the selling or resale prices of products manufactured on the basis of the licence; (1) DITTB Clearance prior to the IPO.
Any trademark licensing agreement under SEC jurisdiction. 150.1 and SEC. 150.2, Part III of the INTELLECTUAL PROPERTY code, must be subject to DITTB approval. (1) Licensee rights. In the absence of contrary provisions of the technology transfer agreement, licensing does not prevent the donor from granting other licences to third parties or from using the purpose of the technology transfer agreement itself. (SEC City 89, CHAPTER IX, PART II of the INTELLECTUAL PROPERTY CODE) cralaw 9. Those who limit the use of the technology provided after the expiry of the technology transfer agreement, unless the technology transfer agreement is terminated prematurely for reasons attributable to the taker; After a certificate is issued, the DITTB records the TTA title, the parties, the registration number, the registration date and the type of certificate in the certificate register. (Article 6.6, revised internal regulations).
DitTB also publishes in the IPO all agreements that are exempt, registered or cancelled (Rule 6.7, Revised Rules).