The applicant may submit either a project or a duly executed agreement subject to a notarized certification. After the applicant`s satisfactory response to the findings and subsequent compliance with the provisions of the IP code and/or after obtaining a favourable decision, the DITTB issues a certificate within seven (7) days of receipt of the duly implemented and notarized agreement and payment of the necessary taxes. Either a registration certificate (if a waiver has been granted to the ATT) or a certificate of compliance (if the ATA does not violate sections 87 and 88 of the IP code). The DITTB must issue a clearance certificate before registering a trademark licensing agreement (“TLA”) with the Trademark Office (Rule 6.5, Revised Rules). Although trademark licenses fall within the definition of ATTs, specific rules govern the registration of trademark licenses with the Intellectual Property Office. A trademark license can be registered against a pending registration or application. To be acceptable for registration, the license should: In addition, Section 88 of the Philippine Intellectual Property Act provides for binding provisions that must be incorporated into voluntary licensing agreements to be enforceable: licensing agreements, including assignment, licensing or transfer of intellectual property rights, must be registered with the Philippine Intellectual Property Office (IPO). However, these agreements should not be covered if they meet the requirements of the Philippine Intellectual Property Act with respect to mandatory clauses and prohibited clauses. (1) Licensee rights. In the absence of contrary provisions of the technology transfer agreement, licensing does not prevent the donor from granting other licences to third parties or from using the purpose of the technology transfer agreement itself. (Quoted by SEC. 89, CHAPTER IX, PARTY II OF INTELLECTUAL PROPERTY CODE).
If a provision of the agreement violates any of the prohibited or mandatory provisions of the IP code, the Office informs the parties to the treaty that they are informed of the infringement and are asked to comply with the corresponding provision of the IP code prior to registration.