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What is the primary right of a licensee in a technology transfer?

Legal Answers / Nicolas and De Vega Law Offices

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 »

What is the role of an assessor in an infringement case?

Legal Answers / Nicolas and De Vega Law Offices

Courts appoint technically skilled assessors to help navigate complex scientific or technical issues during patent infringement litigation.

What is the role of an assessor in an infringement case? Read More »

When can patent infringement lead to criminal liability?

Legal Answers / Nicolas and De Vega Law Offices

Repeating patent infringement after a final court judgment can lead to criminal penalties, including fines and imprisonment.

When can patent infringement lead to criminal liability? Read More »

What is the purpose of a voluntary license contract?

Legal Answers / Nicolas and De Vega Law Offices

Voluntary licenses promote technology sharing while preventing anti-competitive practices that could harm trade and innovation.

What is the purpose of a voluntary license contract? Read More »

Who settles disputes regarding royalty payments in technology transfers?

Legal Answers / Nicolas and De Vega Law Offices

The DITTB Director resolves royalty disputes and determines fair rates in technology transfer arrangements.

Who settles disputes regarding royalty payments in technology transfers? Read More »

Are clauses requiring a licensee to buy from a specific source allowed?

Legal Answers / Nicolas and De Vega Law Offices

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 »

Can a licensor fix the resale price of products made under a license?

Legal Answers / Nicolas and De Vega Law Offices

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 »

What mandatory provision regarding governing law must be in a license?

Legal Answers / Nicolas and De Vega Law Offices

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 »

How are damages calculated if they cannot be readily ascertained?

Legal Answers / Nicolas and De Vega Law Offices

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 »

Can a foreign national sue for patent infringement in the Philippines?

Legal Answers / Nicolas and De Vega Law Offices

Foreign patent holders can sue for infringement in the Philippines even if they do not conduct business locally.

Can a foreign national sue for patent infringement in the Philippines? Read More »

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