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TECHNOLOGY TRANSFER ARRANGEMENTS
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The IP Code requires all technology transfer arrangements to conform with the Prohibited Clauses and Mandatory Provisions set forth therein. Non-conformance therewith shall automatically render the technology transfer arrangement unenforceable. We handle the following matters involving technology transfer arrangements in the Documentation, Information and Technology Transfer Bureau ("DITTB") of IP Philippines:

  1. Preliminary Review and/or Pre-Clearance of Technology Transfer arrangements;
    A request for a preliminary review may be filed by any party to a technology transfer arrangement to determine compliance with the Prohibited Clauses and Mandatory Provisions of the IP Code.
  2. Certificate of Compliance and Approval for Legal Purposes
    A request for a certification to the effect that the technology transfer arrangement conforms with the Prohibited Clauses and Mandatory Provisions of the IP Code may be jointly filed by the parties to a technology transfer arrangement.
  3. Registration of Exempt Technology Transfer Arrangements
    A sworn application for exemption from any of the Prohibited Clauses and/or Mandatory Provisions of the IP Code may be filed with the Director of the DITTB stating the exemption/s being requested, the justification for the exemption/s, and that the agreement is not subject of any judicial, administrative or other proceeding.
  4. Recordal of Trademark License Agreements
    Prior to its recordal, the license agreement should be filed with the DITTB for clearance that it does not violate any of the Prohibited Clauses or Mandatory Provisions of the IP Code. A trademark license agreement shall be submitted to the DITTB which shall keep its contents confidential but shall record it and publish a reference thereto. A license contract shall have no effect against third parties until such recording is effected.