SYNOPSIS
The interest in contractual licensing as an investment option in the Philippines continues to increase. However, the Philippines, as all other member countries adhering to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreements), recognizes that some licensing practices or conditions restrain competition. The said practices and conditions have an adverse effect on trade and may even impede the transfer and dissemination of technology.
Pursuant to Article 40 of the TRIPS Agreement, the Philippines adopted measures to prevent or control practices which are abusive and anti-competitive. These measures are found in the Intellectual Property Code (IP Code) of the Philippines provisions on Voluntary Licensing.
The lecture will provide an overview of the legal framework governing contractual licensing or “voluntary licensing” of intellectual property rights in the Philippines, including applicability of anti-trust laws. The term technology transfer arrangement, subject of voluntary licensing, will be defined. The lecture will discuss the Prohibited Clauses which should be removed from the license agreement as they are presumed to have an adverse effect on competition and trade. It will also cite the Mandatory Provisions that must be incorporated in the agreement and complied with. There will be discussions on whether the registration of the license agreement is required and the effect of non-registration. The innovative solutions to ensure the compliance of the license agreement and the requirements to be exempted from the IP Code will also be discussed.
ABOUT THE SPEAKER
Atty. Alex Ferdinand S. Fider is a Senior Partner and Head of the Intellectual Property Department of the Philippine law firm Angara Abello Concepcion Regala & Cruz Law Offices.
He obtained his Master of Laws (1990) from Queen Mary and Westfield College (now Queen Mary College), University of London and Bachelor of Laws (1986) from the University of the Philippines.
He assists foreign and local clients on matters involving intellectual property (IP) rights in the Philippines. His practice includes Industrial and Intellectual Property Law, Franchising and Licensing, Data Privacy Law, Cybercrime and Enforcement of Intellectual Property Rights. He has advised international organizations including the International Rice Research Institute, the Japan Export Trade Organization and the World Fish Center.
His publications include Philippine Chapters of authoritative textbooks published by Kluwer Law International as part of the Max Planck Series on Asian Intellectual Property Law; and, the Applied Research Center for Intellectual Assets and the Law in Asia (ARCIALA), Singapore Management University.
He is listed among the top 100 lawyers in the Philippines by the publication Asia Business Law Journal.
He teaches Intellectual Property Law in the University of the Philippines College of Law and the De La Salle University College of Law.
FEES
a. Seminar fee
Seminar fee of S$150* (inclusive of GST) applies.
b. Group discount fee
Group discount fee of S$135* (inclusive of GST) applies if there are at least 10 participants from the same organisation.
c. SMU Alumni fee (for LLB / JD / LLM graduates)
Seminar fee of S$135* (inclusive of GST) applies for SMU LLB / JD / LLM Alumni.
*Please note that there will be no refund of any fees should the participant cancel the registration/ fail to attend the seminar. However, registration is transferable. Notice of any change in participant should be sent to the Academy via email: smulawacademy@smu.edu.sg, by 8 March 2019.
SMU School of Law reserves the right to cancel or postpone any event. In such case, we will arrange for the refund of seminar fees paid.
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