The Technology Collaboration Agreement is essential for organizations engaging in joint technical projects or research and development initiatives in the Philippines. This document is particularly crucial when parties need to formally structure their collaboration while protecting their intellectual property and ensuring compliance with Philippine legislation. The agreement covers various aspects including technical contributions, data protection, project management, and commercial terms. It's designed to comply with key Philippine laws including the Technology Transfer Act of 2009, the Intellectual Property Code, and the Data Privacy Act of 2012. The document is commonly used when organizations plan to jointly develop technology solutions, share technical resources, or collaborate on research projects where clear definition of rights, responsibilities, and operational procedures is necessary.
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1. Parties: Identification and details of the collaborating parties, including their legal status and registered addresses
2. Background: Context of the collaboration, including the parties' expertise and reasons for collaboration
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Collaboration: Detailed description of the collaboration objectives, project scope, and deliverables
5. Intellectual Property Rights: Ownership, usage rights, and protection of pre-existing and newly developed IP
6. Technical Contributions: Specific technical contributions required from each party
7. Confidentiality: Protection and handling of confidential information exchanged during collaboration
8. Data Protection and Security: Measures for protecting data and ensuring compliance with Philippine data protection laws
9. Project Management: Governance structure, decision-making processes, and project oversight mechanisms
10. Financial Terms: Cost sharing, payment terms, and financial responsibilities
11. Term and Termination: Duration of the agreement and conditions for termination
12. Warranties and Indemnities: Representations, warranties, and indemnification obligations
13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
14. General Provisions: Standard legal provisions including notices, amendments, and severability
1. Research and Development: Specific R&D protocols and requirements, included when the collaboration involves research activities
2. Commercialization Rights: Terms for commercial exploitation of collaboration results, included when there's potential for commercial products
3. Export Control: Compliance with export control regulations, included when technology transfer crosses borders
4. Personnel Exchange: Terms for exchange of personnel between parties, included when staff will work at partner facilities
5. Third-Party Relationships: Management of relationships with third-party vendors or contractors, included when external parties are involved
6. Insurance Requirements: Specific insurance obligations, included for high-risk technical collaborations
7. Source Code Escrow: Terms for source code protection and access, included when software development is involved
1. Technical Specifications: Detailed technical requirements and specifications for the collaboration
2. Project Timeline: Detailed project milestones, deadlines, and delivery schedules
3. Resource Allocation: Breakdown of human and technical resources committed by each party
4. Security Protocols: Detailed security measures and compliance requirements
5. Background IP: List and description of pre-existing intellectual property brought to the collaboration
6. Approved Third-Party Technologies: List of approved third-party technologies and their usage terms
7. Contact Details: Key personnel and their contact information for project management and notices
8. Service Level Agreement: Performance metrics and service level requirements
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