Licensing agreements cannot legally force licensees to purchase materials exclusively from sources specified by the licensor.
Are clauses requiring a licensee to buy from a specific source allowed? Read More »
Licensors are prohibited from fixing the resale prices of products manufactured by their licensees under a technology transfer.
Can a licensor fix the resale price of products made under a license? Read More »
Voluntary license contracts must be governed by Philippine law, with litigation venues set at the licensee’s principal office location.
What mandatory provision regarding governing law must be in a license? Read More »
Licensors are legally required to bear the burden of Philippine taxes for all payments received from technology transfer arrangements.
Who is responsible for paying Philippine taxes on technology transfer payments? Read More »
Licensees have the legal right to use and exploit the licensed technology for the full duration of the agreement.
What is the primary right of a licensee in a technology transfer? Read More »
Damages for patent infringement are only recoverable for acts occurring within four years prior to filing the legal action.
What is the time limit for recovering damages in an infringement case? Read More »
Recovery of damages requires the infringer to have known of the patent, often through “Philippine Patent” labeling on products.
Is notice required before damages can be recovered? Read More »
Defendants in infringement cases can challenge the patent’s validity using any legal ground applicable for patent cancellation.
What defenses can a defendant use in an infringement action? Read More »
When a court finds a patent invalid, it must cancel it and record the fact in the official register.
What happens if a court finds a patent to be invalid? Read More »
When actual damages are unclear, courts may award a reasonable royalty to compensate the patent owner for infringement.
How are damages calculated if they cannot be readily ascertained? Read More »
