a. What contractual stipulations are required in all technology transfer agreements? (2%)
b. Enumerate three (3) stipulations that are prohibited in technology transfer agreements. (3%)
c. Can an article of commerce serve as a trademark and at the same time enjoy patent and copyright protection? Explain and give an example. (2%)
Suggested answer only. Not an official answer and not legal advice.
TTAs require mandatory clauses and omit prohibited terms, while articles of commerce can enjoy combined trademark, copyright, and patent protection. Under Sections 87 and 88 of R.A. 8293, TTAs must mandate Philippine law/venue, improvement access, arbitration
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Quick check
Which mandatory clause must be included in all technology transfer agreements under Section 88 of R.A. 8293?
Section 88 requires that Philippine law govern technology transfer agreements.
Which clause is classified as a prohibited restrictive business practice in technology transfer agreements under Section 87 of R.A. 8293?
Section 87 prohibits clauses that restrict the licensee from utilizing competing technologies.
Can an article of commerce simultaneously be protected by a trademark, copyright, and industrial design patent under Philippine IP law?
An article of commerce can enjoy triple IP protection if its features satisfy the respective legal requirements.
Under Section 88 of R.A. 8293, which tax liability rule applies to technology transfer agreements executed in the Philippines?
Choices available with full access.
Which primary statute governs technology transfer agreements and intellectual property rights in the Philippines?
Choices available with full access.
Learn more about these topics
1. Mandatory TTA Provisions
Under Section 88 of the Intellectual Property Code (Republic Act Number 8293), technology transfer agreements must contain mandatory provisions. These include making Philippine law the governing law with venue of litigation in the Philippines, granting the licensee continued access to improvements, adopting accepted arbitration rules, and requiring the licensor to pay all Philippine taxes on payments under the agreement.
2. Prohibited TTA Clauses
Under Section 87 of the Intellectual Property Code (Republic Act Number 8293), technology transfer agreements are prohibited from containing restrictive business clauses. Prohibited stipulations include those that fix sale prices, limit production volumes, restrict the use of competing technologies, or obligate the licensee to permanently transfer improvements back to the licensor.
3. Overlapping IP Rights
Under Republic Act Number 8293, an article of commerce can simultaneously enjoy multiple intellectual property protections. A uniquely shaped commercial container can serve as a registered trademark identifying source origin, enjoy copyright protection for its original artistic design, and secure an industrial design patent for its novel aesthetic shape.