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Agreement On Trade Related Intellectual Property Rights

Agreement On Trade Related Intellectual Property Rights Template for Philippines

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Agreement On Trade Related Intellectual Property Rights

"I need an Agreement on Trade Related Intellectual Property Rights under Philippine law for licensing our pharmaceutical manufacturing technology to a local manufacturer, including provisions for quality control and regulatory compliance, with the agreement starting March 1, 2025."

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Document background
The Agreement On Trade Related Intellectual Property Rights serves as a crucial legal instrument for businesses and organizations engaging in IP-related transactions in the Philippines. This document is essential when parties need to establish clear terms for IP protection, transfer, or licensing while ensuring compliance with both international TRIPS obligations and Philippine IP laws. It is particularly relevant for cross-border transactions, technology transfers, and commercial partnerships involving intellectual property assets. The agreement incorporates specific requirements from the Philippine Intellectual Property Code (RA 8293) and related regulations, while also addressing international IP protection standards. It is commonly used in scenarios involving technology transfer, research commercialization, manufacturing licenses, and distribution agreements where IP rights protection is paramount.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including their legal status and authority to enter into the agreement

2. Background: Context of the agreement, relationship between parties, and general purpose of the IP rights arrangement

3. Definitions: Detailed definitions of technical terms, IP categories, and other key concepts used throughout the agreement

4. Scope of Agreement: Overall scope of IP rights covered and territorial boundaries of the agreement

5. Grant of Rights: Specific IP rights being granted, including usage, modification, and commercialization rights

6. IP Ownership and Registration: Clear statement of ownership of existing and future IP rights, and responsibilities for registration

7. Protection and Enforcement: Obligations regarding IP protection, enforcement actions, and cooperation in fighting infringement

8. Quality Control: Standards and requirements for maintaining IP quality and value

9. Confidentiality: Provisions for protecting confidential information and trade secrets

10. Term and Termination: Duration of the agreement and conditions for termination

11. Representations and Warranties: Parties' assertions regarding IP ownership, validity, and non-infringement

12. Indemnification: Provisions for compensation in case of IP infringement or breach of warranties

13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law

14. General Provisions: Standard contractual clauses including notices, amendment procedures, and severability

Optional Sections

1. Technology Transfer Provisions: Required when the agreement involves transfer of technical knowledge or technology

2. Royalties and Payment Terms: Include when the agreement involves monetary compensation for IP rights

3. Research and Development: Necessary when parties will collaborate on developing new IP

4. Geographic Indicators Protection: Include when dealing with products with geographic origin significance

5. Digital Rights Management: Required for IP rights in digital format or online platforms

6. Competition Law Compliance: Include when IP arrangements might affect market competition

7. Government Approvals: Required when specific regulatory approvals are needed for IP transfer

8. Export Control: Include when IP transfer involves cross-border technology transfer restrictions

Suggested Schedules

1. Schedule A - IP Asset Registry: Detailed listing of all IP assets covered by the agreement

2. Schedule B - Technical Specifications: Technical details and specifications of the IP rights being transferred

3. Schedule C - Quality Standards: Specific quality control requirements and standards

4. Schedule D - Royalty Calculations: Detailed methodology for calculating royalties or other payments

5. Schedule E - Territorial Restrictions: Specific geographical limitations and permissions for IP usage

6. Appendix 1 - IP Registration Certificates: Copies of official IP registration documents

7. Appendix 2 - Compliance Requirements: List of specific compliance requirements under Philippine law

8. Appendix 3 - Authorized Users: List of authorized users or licensees of the IP rights

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Intellectual Property Rights
TRIPS Agreement
Patent Rights
Trademark Rights
Copyright
Trade Secrets
Industrial Design Rights
Geographic Indicators
Know-How
Technology
Licensed Technology
Confidential Information
Commercial Exploitation
Effective Date
Territory
Field of Use
Improvements
Background IP
Foreground IP
Technical Documentation
IP Registration
IP Office
Governing Law
License
Exclusive Rights
Non-Exclusive Rights
Royalties
Net Sales
Related Rights
Derivative Works
Source Code
Object Code
Technical Specifications
Quality Standards
Material Breach
Force Majeure
Infringement
IP Enforcement
Term
Working Day
Authorized Users
Commercialization
Technology Transfer
Industrial Application
Prior Art
IP Portfolio
Trade Dress
Moral Rights
Neighboring Rights
Clauses
Definitions
Grant of Rights
Scope of License
Territory Restrictions
Exclusivity
IP Ownership
Technology Transfer
Confidentiality
Quality Control
Payment and Royalties
Representations and Warranties
IP Registration
Protection and Enforcement
Non-Competition
Term and Termination
Force Majeure
Assignment and Sub-licensing
Audit Rights
Record Keeping
Technical Support
Improvements
Research and Development
Regulatory Compliance
Export Control
IP Infringement
Indemnification
Dispute Resolution
Governing Law
Notices
Amendment
Severability
Entire Agreement
Counterparts
Non-Solicitation
Insurance
Data Protection
Competition Law Compliance
Relevant Industries

Technology and Software

Pharmaceuticals and Healthcare

Manufacturing

Entertainment and Media

Research and Development

Consumer Goods

Telecommunications

Automotive

Agriculture and Food Processing

Fashion and Luxury Goods

Biotechnology

Electronics

Relevant Teams

Legal

Intellectual Property

Research and Development

Business Development

Compliance

International Trade

Technology Transfer

Commercial Operations

Innovation

Product Development

Regulatory Affairs

Relevant Roles

Intellectual Property Counsel

Legal Director

Technology Transfer Officer

Research and Development Manager

Chief Technology Officer

Licensing Manager

Commercial Director

Patent Attorney

Trademark Counsel

Business Development Executive

Innovation Manager

Compliance Officer

International Trade Specialist

IP Portfolio Manager

General Counsel

Industries
Intellectual Property Code of the Philippines (Republic Act No. 8293): The primary legislation governing intellectual property rights in the Philippines, covering patents, trademarks, copyright, and related rights
TRIPS Agreement: WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, setting minimum standards for IP protection and enforcement
Paris Convention for the Protection of Industrial Property: International treaty for industrial property protection to which the Philippines is a signatory
Berne Convention for the Protection of Literary and Artistic Works: International agreement governing copyright protection, which the Philippines has ratified
Technology Transfer Act (Republic Act No. 10055): Provides framework for IP ownership, particularly in government-funded research and development
Philippine Competition Act (Republic Act No. 10667): Relevant for IP licensing agreements and potential anti-competitive practices related to IP rights
E-Commerce Act (Republic Act No. 8792): Relevant for digital aspects of IP rights and electronic commerce
Rules and Regulations on Administrative Complaints for Violation of Laws Involving Intellectual Property Rights: Procedural rules for IP rights enforcement and dispute resolution in the Philippines
Customs Modernization and Tariff Act (Republic Act No. 10863): Contains provisions on border control measures against counterfeit goods and IP rights violations
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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