Like any other property or asset, your intellectual property right may be transferred, sold and commercialized to maximize income and profit for your business enterprise. Lawyers of J. Ponce Law can prepare, review and assist you in negotiating licensing and technology transfer agreements and other contracts involving IP rights. Our lawyers can give you sound and effective legal advice concerning transactions with third parties involving your patent, trademark and/or copyright ensuring the licensing and technology transfer agreements comply with the requirements of the Philippine Intellectual Property Code and therefore binding against third parties. We can effectively draft and review licensing and technology transfer agreements to ensure the clients’ rights are protected and also make certain that the mandatory requirements of the Intellectual Property are met. The Intellectual Property Code provides for mandatory and prohibited clauses. The mandatory clauses must be included in the agreement in order for it to be enforceable against third parties in the Philippines. Prohibited clauses should be avoided as well as including them in the licensing or technology transfer agreements may render them unenforceable.
In addition, our lawyers can also help apply for exemptions, under certain allowable circumstances, from the Intellectual Property Office concerning the mandatory and prohibited clauses affecting licensing and technology transfer agreements.
The firm’s legal team can likewise conduct a thorough and extensive due diligence involving intellectual property rights making sure that the trademark, patent, utility model and/or copyright applications or registrations are in order before one should acquire or transfer said rights from another party.
Our licensing, franchising and technology transfer services include:
1. Drafting and reviewing franchise, licensing and technology transfer agreements
2. Due diligence of intellectual property rights
3. Audit of intellectual property rights
4. Recordal of licensing and technology transfer agreements
5. Recordal of title changes affecting intellectual property rights