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.
What is the purpose of a voluntary license contract? Read More »
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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An Unregulated Franchising Environment (updated October 2019)
In the Philippines, there is no requirement to register a franchising agreement. A Technology Transfer Arrangement need not be registered with the Intellectual Property Office if it complies with the mandatory provisions and does not contain any of the prohibited clauses. On the other hand, some countries require that the franchise agreement be registered and oftentimes updated annually. Parenthetically, since there is no law specifically addressed at franchising, there is also no government agency charged with regulating the business of franchising in the Philippines. Perhaps, it is about time that Congress enact a law on franchising to protect the legitimate players in such thriving industry.
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Licensing Agreements in the Philippines
Licensing agreements, including the assignment, licensing or transfer of intellectual property rights, must be recorded with the Philippine Intellectual Property Office (“IPO”) in order to be enforceable. However, these agreements need not be recorded if they conform with the requirements of the Intellectual Property Code of the Philippines as to mandatory clauses and prohibited clauses.
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