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Intellectual Property Sharing Agreement

Intellectual Property Sharing Agreement Template for Philippines

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Key Requirements PROMPT example:

Intellectual Property Sharing Agreement

"I need an Intellectual Property Sharing Agreement for a joint software development project between my tech startup and a university research team in Manila, with specific provisions for commercialization rights and academic publication permissions."

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Document background
The Intellectual Property Sharing Agreement is a crucial legal instrument used when two or more parties need to establish clear terms for jointly owned or shared intellectual property in the Philippines. This document becomes essential in scenarios involving collaborative research, joint development projects, technology transfer partnerships, or any situation where multiple entities contribute to or have rights in intellectual property assets. Governed by Philippine law, particularly the Intellectual Property Code (RA 8293) and the Technology Transfer Act (RA 10055), this agreement provides a comprehensive framework for managing shared IP rights, including patents, trademarks, copyrights, and trade secrets. It addresses key aspects such as ownership allocation, usage rights, commercialization terms, revenue sharing, and protection responsibilities, while ensuring compliance with local and international IP regulations.
Suggested Sections

1. Parties: Identification and details of all parties entering into the agreement

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

3. Definitions: Detailed definitions of technical terms, IP-related concepts, and other important terms used in the agreement

4. Scope of Agreement: Clear delineation of what intellectual property is covered under the agreement

5. Ownership Rights: Declaration of ownership percentages or rights over the shared intellectual property

6. License Grants: Specific rights granted to each party regarding the use, modification, and exploitation of the shared IP

7. Protection of IP Rights: Obligations regarding IP registration, maintenance, and defense against infringement

8. Confidentiality: Provisions for protecting confidential information related to the shared IP

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

10. Financial Terms: Revenue sharing, costs allocation, and other financial arrangements

11. Representations and Warranties: Parties' assertions regarding IP ownership, right to enter agreement, and non-infringement

12. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law

13. General Provisions: Standard clauses including notices, amendments, assignment, and severability

Optional Sections

1. Commercialization Rights: Specific terms for commercial exploitation of the IP, used when parties intend to monetize the shared IP

2. Academic and Research Use: Special provisions for academic or research institutions' use of the IP, included when educational or research organizations are involved

3. Technology Transfer: Procedures and terms for transferring technical knowledge, included when complex technical IP is involved

4. Improvements and Derivatives: Rights and obligations regarding future improvements or derivative works, used when ongoing development is expected

5. Export Control: Compliance with export control laws, included when IP has international implications

6. Data Protection: Special provisions for handling personal or sensitive data, included when IP involves data processing

7. Open Source Compliance: Terms regarding use of open source components, included when software IP is involved

Suggested Schedules

1. Schedule A - Description of Intellectual Property: Detailed description of all IP covered by the agreement, including registration numbers if applicable

2. Schedule B - Authorized Users: List of individuals or entities authorized to access and use the shared IP

3. Schedule C - Revenue Sharing Formula: Detailed breakdown of how revenues from IP exploitation will be shared

4. Schedule D - IP Protection Procedures: Specific procedures for protecting and maintaining the shared IP

5. Schedule E - Technical Specifications: Technical details of the IP, particularly relevant for software or technical innovations

6. Appendix 1 - IP Registration Certificates: Copies of all relevant IP registration certificates and documentation

7. Appendix 2 - Prior Rights: Documentation of any pre-existing IP rights relevant to the agreement

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

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alex.den.21@genieai.co
Relevant legal definitions
Agreement
Affiliates
Background IP
Confidential Information
Commercialization
Derivative Works
Effective Date
Foreground IP
Intellectual Property
Intellectual Property Rights
Improvements
Joint IP
Know-how
License
Net Revenue
Patents
Pre-existing IP
Project
Purpose
Related Rights
Royalties
Shared IP
Technical Information
Technology
Term
Territory
Third Party
Trade Secrets
Trademarks
Use Rights
Work Product
Background Materials
Commercial Exploitation
Confidentiality Period
Copyright Works
Documentation
Field of Use
Industrial Design Rights
Licensed Materials
Modifications
Proprietary Rights
Research Results
Technical Data
Working Day
Relevant Industries

Technology

Research and Development

Healthcare and Pharmaceuticals

Education

Manufacturing

Software Development

Creative Industries

Biotechnology

Telecommunications

Engineering

Media and Entertainment

Automotive

Consumer Electronics

Financial Services

Professional Services

Relevant Teams

Legal

Research and Development

Innovation

Intellectual Property

Business Development

Technology Transfer

Corporate Strategy

Product Development

Partnerships

Compliance

Scientific Affairs

Commercial Operations

Engineering

Information Technology

Relevant Roles

Intellectual Property Lawyer

Chief Technology Officer

Research Director

Innovation Manager

Legal Counsel

Business Development Manager

Patent Attorney

Technology Transfer Officer

R&D Manager

Chief Executive Officer

Chief Legal Officer

Licensing Manager

IP Portfolio Manager

Commercial Director

Head of Innovation

Chief Scientific Officer

Partnership Manager

Research Scientist

Product Development Manager

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 other forms of IP protection.
Technology Transfer Act of 2009 (Republic Act No. 10055): Provides framework for IP ownership, particularly in relation to technology transfer and commercialization of IP developed through government funding.
Civil Code of the Philippines: Contains general provisions on contracts, obligations, and agreements that would apply to IP sharing arrangements.
Philippine Copyright Law (Part IV of the IP Code): Specific provisions relating to copyright protection, including rules on copyright ownership, transfer, and licensing.
WIPO Copyright Treaty: International treaty ratified by the Philippines that provides additional copyright protection, particularly for digital and online works.
TRIPS Agreement: International agreement that sets minimum standards for IP protection, which the Philippines must comply with as a WTO member.
E-Commerce Act of 2000 (Republic Act No. 8792): Relevant for digital aspects of IP sharing and electronic documentation of IP rights transfers.
Competition Act (Republic Act No. 10667): May affect IP sharing agreements in terms of anti-competitive practices and market dominance considerations.
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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