Law Summary
Declaration of Policies and Principles
- Prioritizes R&D, invention, and innovation as essential to national development.
- Encourages broad stakeholder participation including marginalized groups.
- Mandates RDIs to actively engage in technology transfer as a strategic mission.
- Emphasizes proper IP management, capacity building, and private sector collaboration.
- Ensures public access to government-funded technological knowledge and effective IP protection.
- A robust IP system is key to domestic creativity, technology transfer, foreign investment, and market access.
Scope
- Covers all stages from identification, disclosure, protection, management, promotion, dissemination, transfer, to commercialization of IPs/IPRs from government-funded R&D.
Definitions
- Provides clear definitions for key terms including Due Diligence Report, RDI Technical Review Committee, Technical Assistance and Services, Technology Adoptor, Technology Generator/Maker, Technology Transfer Arrangement, Valuation Report, and others.
- Incorporates terms from RA No. 10055 and its IRR for consistency.
Functions of Technology Licensing Office (TLO)
- RDIs must establish TLOs to handle:
- Patent and prior art searches.
- IP protection and licensing negotiations.
- IP valuation.
- Promotion and database management of IP.
- Management of IP revenues.
Identification, Disclosure and Protection of IPs
- Researchers must disclose IPs originating from R&D funded by government through formal agreements and invention disclosure forms.
- Confidentiality must be preserved; public disclosures limited.
- TLOs oversee IP case tracking, protection method selection, filing support with IPOPHL.
- Annual reporting on IP applications, licenses, commercialization progress, and management.
- Special provisions for trade secrets and protection of biodiversity, indigenous knowledge.
Technologies/IPs/IPRs for Transfer or Commercialization
- Researchers provide technical documentation to TLO for marketing and dissemination.
- Promotional materials like Technology Packages, Business Plans, brochures, user guides, and training manuals developed while safeguarding IP rights.
Technology Transfer Mechanism
- RDI Technical Review Committee evaluates projects for commercialization readiness based on patent status, project completion, etc.
- Technologies/IPs are publicly disseminated on DOST and RDI websites.
- Selection of Technology Adoptor based on legal standing, financial capability, and compliance with regulations.
- Transfer guided by established principles including licensing, sale, service contracts, spin-offs, etc.
- Structured procedure from Letter of Intent, negotiations, technology need assessment, agreement drafting, to signing.
- Fairness Opinion Report required for direct negotiations and spin-off firm formation.
Establishment of Spin-off Firm by Researcher-Employee
- Researchers may form or join spin-off firms with Business Plan submission and Fairness Opinion.
- Access to RDI labs and technology business incubator support provided.
- Employment and commercialization activities subject to RA No. 8439 provisions.
Ex-Post Analysis (Impact Assessment)
- Conducted 3-5 years post-technology transfer to assess success indicators like productivity, income, diversification, employment, community impact, and royalties.
- Leads to recommendations for improved future technology transfers and evolving delivery models.
- Documentation added to Institutional Repository.
Revenue Sharing Between RDI and Researchers
- Revenues accrue to RDI with defined sharing: 60% to RDI, 40% to researchers per RA No. 8439.
- Commercialization income forms a revolving fund.
- Researchers entitled to revenue share for life, even post-retirement or severance.
- Clear documentation and official receipts required for payments.
- Share distribution among multiple researchers governed by specified formula.
- Researchers cannot assign or transfer their share rights.
General Provisions
- Expedient technology transfer prioritized even if IP issues arise, especially in emergencies.
- Disputes resolved amicably through alternative dispute resolution mechanisms.
- Separability clause ensures validity of provisions despite any unconstitutional sections.
- Protocol becomes effective after official publication and filing as required by law.