PART
3 SUMMARY
PROCEDURES
CHAPTER
1.
TRADEMARK LICENSE AGREEMENT
Rule 17. Clearance
prior to recordal with the Office. Prior to its
recordal,
any trademark license agreement covered
by
Section 150.1 and Section 150.2 of the IP
Code shall be filed with the Bureau
for clearance together with the proof of payment of the filing
fee.
Rule 18.
Evaluation
period. Within a period of ten
(10)
days, the Bureau shall determine whether
such
agreement violates any of Prohibited Clauses or
Mandatory
the Provisions of the IP Code.
Rule
19.
Certificate of clearance. If an
agreement submitted
for clearance does not violate any of the Prohibited Clauses or
Mandatory
Provisions of the IP Code, the Bureau
shall
issue a certificate of clearance and
the
agreement shall be recorded by the appropriate officer in the
Office.
Rule 20.
Notice
to comply. Should any provision of
the
agreement violate any of the Prohibited Clauses or Mandatory
Provisions
of the IP Code, the Bureau shall issue
a
notice to the parties in the
agreement
informing them of the violation and
requiring
them to comply with pertinent provision of the IP
Code
prior to recordal.
CHAPTER 2.
CERTIFICATE
OF COMPLIANCE AND APPROVAL FOR LEGAL
PURPOSES.
Rule
21.
Request for certification of compliance. The
parties
to a technology transfer arrangement
may
jointly file a request for a
certification
to the effect that the technology
transfer
arrangement conforms with the Prohibited Clauses and
Mandatory
Provisions of the IP Code. The
request
shall be under oath, filed in duplicate, state the purpose
of
the certification, and state that the agreement is not subject of
any judicial, administrative or other proceeding. It shall be
accompanied
by a duplicate original copy of the duly executed and notarized
agreement,
payment of the required fees, and other documents that will be required
by the Bureau to support and establish the merit of
the
request.
Rule 22.
Evaluation period; action on the request. The Bureau
shall
conduct a summary evaluation of the
technology transfer arrangement within ten
(10)
days from filing. If the technology
transfer arrangement conforms with the
Prohibited
Clauses and Mandatory Provisions of the IP Code, the
Bureau shall issue a Certificate of
Compliance. Otherwise, the Bureau shall give the parties a notice
informing them of the violation and requiring them to comply with the
IP
Code if they wish to obtain a Certificate of Compliance.
CHAPTER
3.
PRELIMINARY REVIEW AND/OR PRE-CLEARANCE OF TECHNOLOGY TRANSFER
ARRANGEMENTS.
Rule
23. Request for preliminary review. Any party to a
technology
transfer arrangement may file a request for a preliminary review of
a
draft technology transfer arrangement to determine conformance with the
Prohibited Clauses and Mandatory Provisions of the IP Code.
Rule 24.
Evaluation
period. The Bureau shall conduct a summary evaluation of the
draft technology transfer arrangement within ten (10) days from
filing
of the application and upon payment of the required fees.
Rule 25.
Notice
of findings. The Bureau shall issue a notice of its
findings
on the draft technology transfer arrangement as submitted.
Rule 26.
Submission
of the agreement under Part 2. After the completion of the
foregoing
summary procedure, the technology transfer arrangement may be submitted
for registration under Part 2 of these Regulations.
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