REPUBLIC ACT NO. 10055
AN ACT PROVIDING THE FRAMEWORK AND SUPPORT SYSTEM FOR THE OWNERSHIP, MANAGEMENT, USE, AND COMMERCIALIZATION OF INTEILECTUAL PROPERTY GENERATED FROM RESEARCH AND DEVELOPMENT FUNDED BY GOVERNMENT AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled’
TITLE, DECLARATION OF POLICY AND OBJECTIVE, SCOPE
AND OTHER GENERAL PROVISIONS
SECTION 1. Short Title. – This Act shall be known as the “Philippine Technology Transfer Act of 2009”:
SEC. 2. Declaration of Policies and Principles. The State fully recognizes tbat science, technology and innovation are essential for national development and progress. It shall, therefore, give priority to research and development, invention, innovation and their utilization. It shall also encourage the widest and most systematic participation of all’ stakeholders in policy-making related to science and’ technology, and in the generation, transfer and utilization of, intellectual property, especially for the benefit of the general public.
The State shall facilitate the transfer and promote the utilization of intellectual property for the national benefit and. shall call upon all research and development institutes and/or institutions (RDIs) that perform government-funded research and development (R&D) to tekeon technology transfer as their strategic mission and to effectively translate results of government-funded R&D into useful products and services that will redound to the benefit of Filipinos, notwithstanding the income generated from intellectual property rights (IPRs) and technology transfer activities.
The State acknowledges that the successful’ transfer of government-funded R&D results depend on the proper management of intellectual property, development of capacity by RDIs to become self-sustaining and competitive,. and on enhancing interaction and cooperation with the ‘private sector, particularly small and medium enterprises through collaborative and contract research based on equitable, fair access, and mutual benefit for all involved partners.
The State shall establish the means to ensure greater public access to technologies and knowledge generated from government-funded R&D while enabling, where appropriate, the management and protection of related intellectual property.
SEC. 3. Objective. – This Act aims to. promote and facilitate the transfer, dissemination, and effective use, management, and commercialization of intellectual property, technology and knowledge resultmg from R&D funded by the government for the benefit of national economy and taxpayers.
SEC. 4. Definition of Tams. For purposes of this Act:
(a) “Intellectual Property .(IP)” is the term used to describe intangible assets resulting from the creative work of an indivldual or organization. IP also refers to creations of the mind, such as inventions, literary and artistIc works, and symbols, names, images and desIgns used in commerce.
(b) “Intellectual Property Rights CIPRs)” refer to those rights recognized and protected in Republic Act No. 8293, otherwise known as the “Intellectual Property Code of the Philippines”.
(c) “Potential IPRs” refer to intellectual property, or the products of creation and research that form the subject matter of IPRs, but which are not yet protected by the statutory grant of IP rights.
(d) “Protection of IPs” refers to the statutory grant of rights upon which the basis of enforcing the right rests, such as issuance of patents; registration of utility models, industrial designs, and trademarks or availment of protection of undisclosed information and, other rights as may be provided by law. “Protected IPs”, therefore may refer to issued or pending patents; registered utility models, industrial designs and trademarks.
(e) “IP Code” refers to Republic Act No. 8293, otherwise known as the “Intellectual Property Code of the Philippines”.
(f) “Intellectual Property Rights Management” refers to the principles, mechanisms and processes involved in the identification, assessment, protection, utilizatlOn and enjoyment of intellectual property rights.
(g) “Government Funding Agency (GFA)” refers to’ any government agency or instrumentality, or government-owned and/or controlled corporation that provides research grants and other technical and material support, from government appropriations and resources and those sourced from government-managed Official Development Assistance (ODA) funds.
(h) “Parent Agency” refers to the Department or agency, which exercises the power of control or supervision over the GFAs, RDIs or RDI acting as the GFA itself. In general, where mUltiple GFAs are involved, the department or agency, which has the largest financial contribution, shall be deemed as the parent agency, except as may otherwise be specifically provided by this Act.
(i) “Research and Development Institute or Institution (RDI)” refers to a public or private organization, association, partnership, joint venture, higher education institution or corporation that performs R&D activities and is duly registered and/or licensed to do business in the Philippines, or otherwise with legal personality in the Philippines. In the case of private RDIs, they shall be owned solely by the citizens of the PhIlippines or corporations or associations at least sixty per centum (60%) of the capital of which is owned by such citizens. This does not include RDIs covered by international bilateral or multilateral agreements.
(j) “Research Funding Agreement” refers to a contract entered into by and among the GFA and other funding agencies and the RDI. It governs ownership of IP, duties and responsibilities of GFAs and RDIs, technology disclosure, exclusivity of the license, use for commercialization, establishment of spin-off firms, technologies for research use, and sharing of income and benefits from technology commercialization.
(k) “Research Agreement” refers to a contract entered into by RDls and researchers, including the agreements between the RDI and collaborating RDIs.
(l) “Researcher” refers to a natural person who is engaged by the RDI by employment or other contract, to conduct research with or for the RDI.
(m) “Spin-off firm or company” refers to a juridical entity that is an independent business technology taker with a separate legal personality from the GFA, RDI and researcher created thro\lgh the initiative of the researcher~employee who generated the technology.
(n) “Technology” refers to know ledge and know-how, skills, products, processes, and/or practices.
(o) “Technology transfer” refers to the process by wbich one party systematically transfers to another party the knowledge for the manufacture of a product, the application of a process, or rendering of a service, which may involve the transfer, assignment or licensing of IPRs.
(p) “CommercIalization” refers to the process of deriving income or profit from a technology, such as the creation of a spin-off company, or through licensmg, or the sale of the technology andior IPRs.
(q) “Revenue” refers to all monetary and non-monetary benefits derived as a result of the development, production, transfer, use andlor commercialization of IPRs, including income from assignments and royaltIes from licenses.
(r) “Research and Development (R&D)” refers to creative work undertaken on a systematic basis in order to increase the stock of knowledge, including knowledge of man, culture and society, and to use this stock of knowledge to devise new applications.
SEC. 5. Coverage. –
(a) All R&D activities carried out on behalf and for the interest of the Philippine government by RDls receiving grants directly from the GFAs:
(b) All intellectual property rights derived from R&D activities funded by government;
(c) All government agencies that fund R&D activities as well as provide financial, technical or material support to such R&D activities; and
(d) All institutions that implement government funded R&D.