6. Transfer, Assignment, and Licensing

Technology Transfer Arrangements: Transfer, Assignment, and Licensing

Under the Intellectual Property Code, technology transfer arrangements refer to contracts or agreements involving the transfer of systematic knowledge for the manufacture of a product, the application of a process, or the rendering of a service, including management contracts¹. They encompass the transfer, assignment, or licensing of all forms of intellectual property rights, including the licensing of computer software, except computer software developed for the mass market¹. The intellectual property rights subject to these arrangements consist of copyright and related rights, trademarks and service marks, geographic indications, industrial designs, patents, layout-designs (topographies) of integrated circuits, and the protection of undisclosed information¹.

The Intellectual Property Office (IPO) administers the registration of technology transfer arrangements, develops and implements strategies to promote and facilitate technology transfer, and settles disputes involving technology transfer payments covered under the provisions on voluntary licensing². In addition, the IPO is mandated to regularly publish in its own publication the technology transfer arrangements registered².

Specifically, the Documentation, Information and Technology Transfer Bureau of the IPO performs key administrative responsibilities regarding licensing and transfer³:

• Providing technical, advisory, and other services relating to the licensing and promotion of technology, and carrying out an efficient and effective program for technology transfer³; and
• Registering technology transfer arrangements and settling disputes involving technology transfer payments³.