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e. Patents This is a highly-regulated contract given its role in the fulfillment of the
f. Layout desigs ( topographies) of integrated circuits State’s desire to bring technologies into public domain through disclosure,
g. Protection of undisclosed information regulation of such contracts is also necessary to prevent practices that may
have an adverse effect on competition and trade.
2.2 DIFFERENCES BETWEEN COPYRIGHTS, PATENTS AND TRADEMARKS
3.3 REQUIRED AND PROHIBITED STIPULATIONS
Patents, trademarks and copyrights cannot be interchanged and must
therefore be taken separately. MANDATORY PROVISIONS.
Elidad Kho Vs CA: Section 88. Mandatory Provisions. - The following provisions shall be included in
o Trademark: any visible sign capable of distinguishing the goods voluntary license contracts:
(trademark) or services ( service marl) of an enterprise and shall
include a stamped or marked container of goods. 88.1. That the laws of the Philippines shall govern the interpretation of the same
o Trade name: name and designation indentifying or distinguishing an and in the event of litigation, the venue shall be the proper court in the place where
enterprise the licensee has its principal office;
o Copyright: confined to literary and artistic works which are original
intellectual creations in the literary and artistic domain protected from 88.2. Continued access to improvements in techniques and processes related to
the moment of their creation the technology shall be made available during the period of the technology transfer
o Patentable Inventions: refer to any technical solution of a problem in arrangement;
any field of human activity which is new, involved an inventive step
and is industrially applicable. 88.3. In the event the technology transfer arrangement shall provide for arbitration,
the Procedure of Arbitration of the Arbitration Law of the Philippines or the
Full text; Case: Arbitration Rules of the United Nations Commission on International Trade Law
Pearl& Dean (phil) inc vs. Shoemart (UNCITRAL) or the Rules of Conciliation and Arbitration of the International
Elidad Kho Vs CA Chamber of Commerce (ICC) shall apply and the venue of arbitration shall be the
Fernando Juan vs Roberto Juan and Laundromatic Philippines or any neutral country; and
3. TECHNOLOGY TRANSFER ARRANGEMENT 88.4. The Philippine taxes on all payments relating to the technology transfer
arrangement shall be borne by the licensor. (n)
3.1 DEFINED
contracts or agreements involving the transfer of systematic knowledge for Failure to comply with such mandatory and prohibited clauses would
the manufacture of a product, the application of a process, or rendering of a automatically render the TTA unenforceable.
service including management contracts; and the transfer, assignment or However, in certain exceptional cases, the TTA may still be valid even if
licensing of all forms of intellectual property rights, including licensing of it contains a prohibited clause or does not stipulate a mandatory clause if
computer software except computer software developed for mass market. the same is approved and registered with the Documentation,
(Sec 4.2) Information and Technology Transfer Bureau.
3.2 NATURE
TTA is a licensing contract.
Contract, between and intellectual property right owner, as the licensor, and
as a second party, as the licensee who was grabted the authority to
commercially exploit the same intellectual property rights under specified
terms and conditions.