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Section 88. Mandatory Provisions - Intellectual Property Code

Section 88. Mandatory Provisions of Intellectual Property Code. Section 88. Mandatory Provisions. - The following provisions shall be included in voluntary license contracts: 88.1. That the laws of the Philipp

  • Subjects 9 Bar syllabus groups
  • Codals 48 Primary legal sources

Intellectual Property Code

Section 88. Mandatory Provisions. - The following provisions shall be included in voluntary license contracts:

88.1. That the laws of the Philippines shall govern the interpretation of the same and in the event of litigation, the venue shall be the proper court in the place where the licensee has its principal office;

88.2. Continued access to improvements in techniques and processes related to the technology shall be made available during the period of the technology transfer arrangement;

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 Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) or the Rules of Conciliation and Arbitration of the International Chamber of Commerce (ICC) shall apply and the venue of arbitration shall be the Philippines or any neutral country; and

88.4. The Philippine taxes on all payments relating to the technology transfer arrangement shall be borne by the licensor. (n)

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