Philippines Section 6(a) of the Act provides that Sections 15 and 16 govern the institution performing the rights, providing that the government-funded research generally funding agency may assume owns the IP rights to the innovation. ownership of IP covered under There are a few exceptions to this the Act "in case of national general rule of ownership, however, emergency or other which include: 1) where the institution circumstances of extreme enters into a written agreement to urgency, or where the public share, limit, waive or assign its interest requires . . . Such ownership in favor of the determination shall be made agency, but "may only be within thirty (30) days after the voluntarily executed by the [institution] receipt of the recommendation of to protect public interest . . ."; 2) where the Head of the GFA. Such the institution fails to disclose potential recommendation shall be made IP rights to the government agency; 3) within thirty (30) days upon the where the institution fails "to initiate the discovery of the potential IPR by protection of potential IPRs within a the GFA or the disclosure of the reasonable time," but no more than same by the [research institution] three months from public disclosure. pursuant to Section 8(c) of this Act, or upon written notice or petition by other government agencies or other interested persons." Rule 20 of the implementing regulation provides for of Ownership” and “Assumption explicitly states that an agency assume ownership of any “may potential IPRs in cases of national emergency or other circumstances of extreme urgency, or where the public interest requires, and in particular concerns for national security, nutrition, health, or the development of other vital sectors of the national economy, as determined by the head of the Parent Agency.” Russia Article 1373 gives the right to patent a Government may retain rights if publicly funded invention to the stated in the research research institute that made the agreement. discovery, absent an explicit research agreement stating otherwise (such as Article 1362 provides for a specific clause stating that the rights compulsory licenses and Article belong to the government). 1368 provides for application procedures for open licenses.
Philippines Section 6(a) of the Act provides that the institution performing the government-funded research generally owns the IP rights to the innovation. There are a few exceptions to this general rule of ownership, however, which include: 1) where the institution enters into a written agreement to share, limit, waive or assign its ownership in favor of the agency, but "may only be voluntarily executed by the [institution] to protect public interest . . ."; 2) where the institution fails to disclose potential IP rights to the government agency; 3) where the institution fails "to initiate the protection of potential IPRs within a reasonable time," but no more than three months from public disclosure. Sections 15 and 16 govern rights, providing that the funding agency may assume ownership of IP covered under the Act "in case of national emergency or other circumstances of extreme urgency, or where the public interest requires . . . Such determination shall be made within thirty (30) days after the receipt of the recommendation of the Head of the GFA. Such recommendation shall be made within thirty (30) days upon the discovery of the potential IPR by the GFA or the disclosure of the same by the [research institution] pursuant to Section 8(c) of this Act, or upon written notice or petition by other government agencies or other interested persons." Rule 20 of the implementing regulation provides for “Assumption of Ownership” and explicitly states that an agency “may assume ownership of any potential IPRs in cases of national emergency or other circumstances of extreme urgency, or where the public interest requires, and in particular concerns for national security, nutrition, health, or the development of other vital sectors of the national economy, as determined by the head of the Parent Agency.” Russia Article 1373 gives the right to patent a publicly funded invention to the research institute that made the discovery, absent an explicit research agreement stating otherwise (such as a specific clause stating that the rights belong to the government). Government may retain rights if stated in the research agreement. Article 1362 provides for compulsory licenses and Article 1368 provides for application procedures for open licenses.
cdip_14_inf_12.docx