Licensing
Roughly, this is a contractual agreement wherein an owner of an intellectual property whether patent, copyright or trademark, allows a second party use of the IP on a temporary basis. Usually, the compensation for the temporary use is in the form of royalties.
Patents
The IP Code provides the form and substance of a license agreement. There are prohibited clauses (Sec. 87), mandatory provisions (Sec. 88) and must be registered with the Documentation, Information and Technology Transfer Bureau of the DTI (Sec. 92).
Trademarks
License agreements must provide for quality control or else it won’t be valid. They have to be filed with the IPO and shall remain confidential. Failure to file will make the license agreement without effect to third persons. (Sec. 150).
Copyrights
Moral rights are retained by the author irrespective of a license agreement (Sec. 193). The limitations on copyright are actually valid licenses obtained without prior consent (Secs. 184 to 190).
Latest News from the Web
Could this be a movie too?
Twitter has been sued for patent infringement. Apparently, somebody already obtained a patent for “a method and system for creating an interactive virtual community of famous people” That means you and I can’t be part of that social network site, unless you are more famous than me. http://bit.ly/i07su5
It ain’t the Bratz Pack
Mattel has been granted a second trial against MGA Entertainment. The former already won a $100 million judgement but was overturned on appeal. Spare your daughters, buy locally made dolls. http://bloom.bg/gMfF5E
Newspaper to grant scholarhips?
The student riots in England produced income for a student photographer. The student who previously sold a picture to Skynews has accused the Daily Mail of using the same photo without authorization. He must be taking a business course. http://bit.ly/hH7Qln
Taking the fight from the ring to the Courts
Owners of the UFC have filed a lawsuit against a company what offered live streaming of the former’s broadcasts. I wonder when they will take off their gloves… http://bit.ly/hMqYOB
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Rod Vera is an attorney practicing intellectual property law. You may contact him at Phone: +63.2.829.3102; FAX: +63.2.820.1193; E-Mail: rpv@vera-iplaw.com
