unregulated

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

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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