The Technology License Agreement is a crucial document used when a technology owner wishes to permit another party to use, implement, or commercialize their proprietary technology in the Philippines. This agreement type is particularly relevant in the context of Philippine business environment, where technology transfer and IP protection are governed by specific legislation including the Intellectual Property Code (RA 8293) and Technology Transfer Act (RA 10055). The agreement covers essential elements such as license scope, territory restrictions, royalty structures, technical support, and compliance with Philippine regulations. It's commonly used in various scenarios including software licensing, manufacturing technology transfer, research commercialization, and industrial process implementation. The document must balance the protection of the licensor's IP rights with the practical needs of the licensee while ensuring compliance with Philippine competition laws and technology transfer regulations.
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1. Parties: Identification of the licensor and licensee, including complete legal names and addresses
2. Background: Context of the agreement, brief description of the technology, and parties' objectives
3. Definitions: Detailed definitions of technical terms, licensed technology, and other key concepts used in the agreement
4. Grant of License: Scope of the license, territory, exclusivity/non-exclusivity, and field of use
5. License Fees and Royalties: Payment terms, royalty rates, calculation methods, and payment schedules
6. Protection of Intellectual Property: IP ownership, rights retention, and protection measures
7. Technical Support and Training: Terms for technical assistance, training, and implementation support
8. Confidentiality: Protection of confidential information and trade secrets
9. Term and Termination: Duration of agreement, renewal terms, and termination conditions
10. Warranties and Representations: Warranties regarding IP ownership, technology functionality, and authority to license
11. Indemnification: Mutual indemnification obligations and liability provisions
12. Governing Law and Dispute Resolution: Choice of Philippine law and dispute resolution mechanisms
13. General Provisions: Standard boilerplate clauses including notices, amendment process, and severability
1. Improvements and Modifications: Terms governing rights to technological improvements - include when ongoing development is expected
2. Quality Control: Standards and quality requirements - essential for manufacturing licenses
3. Export Controls: Export restriction provisions - needed for international technology transfers
4. Source Code Escrow: Terms for source code protection - relevant for software licenses
5. Competition and Non-Compete: Market restriction provisions - include when necessary for business protection
6. Regulatory Compliance: Specific regulatory requirements - needed for regulated industries
7. Performance Requirements: Minimum performance obligations - include when specific targets are required
8. Sublicensing Rights: Terms for sublicensing - include when sublicensing is permitted
1. Schedule A - Licensed Technology: Detailed description of the licensed technology, including technical specifications
2. Schedule B - License Fees and Royalties: Detailed breakdown of payment terms, calculations, and examples
3. Schedule C - Technical Support Services: Scope of technical support, service levels, and response times
4. Schedule D - Implementation Timeline: Milestones and deadlines for technology implementation
5. Schedule E - Quality Standards: Technical standards and quality requirements for technology implementation
6. Appendix 1 - Technical Documentation: User manuals, technical specifications, and documentation requirements
7. Appendix 2 - Training Program: Details of training to be provided, including curriculum and schedule
8. Appendix 3 - Authorized Users: List of authorized users and access levels (if applicable)
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Manufacturing
Telecommunications
Healthcare Technology
Biotechnology
Financial Technology
Industrial Automation
Electronics
Pharmaceutical
Agricultural Technology
Clean Technology
Research and Development
Education Technology
Relevant Teams
Legal
Intellectual Property
Research and Development
Technology Transfer
Business Development
Operations
Technical Support
Compliance
Finance
Engineering
Innovation
Product Development
Relevant Roles
Chief Technology Officer
Head of Legal
IP Counsel
Licensing Manager
Technology Transfer Officer
Research Director
Business Development Manager
Contract Manager
Chief Executive Officer
Chief Innovation Officer
General Counsel
VP of Technology
IP Manager
Commercial Director
Research and Development Manager
Technical Operations Manager
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