What are the formal requirements for a patent assignment?
To be valid, patent assignments must be written, notarized, and certified with an official seal by an authorized officer.
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What are the rights of joint patent owners?
Joint patent owners can use the invention personally but need co-owner consent to grant licenses or assign their interests.
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When can patent infringement lead to criminal liability?
Repeating patent infringement after a final court judgment can lead to criminal penalties, including fines and imprisonment.
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What is the purpose of a voluntary license contract?
Voluntary licenses promote technology sharing while preventing anti-competitive practices that could harm trade and innovation.
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Who settles disputes regarding royalty payments in technology transfers?
The DITTB Director resolves royalty disputes and determines fair rates in technology transfer arrangements.
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Are clauses requiring a licensee to buy from a specific source allowed?
Licensing agreements cannot legally force licensees to purchase materials exclusively from sources specified by the licensor.
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Can a licensor fix the resale price of products made under a license?
Licensors are prohibited from fixing the resale prices of products manufactured by their licensees under a technology transfer.
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What mandatory provision regarding governing law must be in a license?
Voluntary license contracts must be governed by Philippine law, with litigation venues set at the licensee’s principal office location.
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Who is responsible for paying Philippine taxes on technology transfer payments?
Licensors are legally required to bear the burden of Philippine taxes for all payments received from technology transfer arrangements.
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What rights does a licensor retain in a license agreement?
Licensors can continue exploiting their invention and grant additional licenses unless their current contract explicitly states otherwise.
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