| CONTACT: |
| Supreme Court of the Philippines Library Services, Padre Faura, Ermita, Manila, Philippines 1000 |
| (632) 8524-2706 |
| libraryservices.sc@judiciary.gov.ph |
November 15, 2017
MEMORANDUM OF UNDERSTANDING BETWEEN THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES AND THE STATE INTELLECTUAL PROPERTY OFFICE OF THE PEOPLE'S REPUBLIC OF CHINA ON COOPERATION IN THE FIELD OF INTELLECTUAL PROPERTY
The Intellectual Property Office of the Philippines and the State Intellectual Property Office of the People's Republic of China (collectively referred to as the "Parties" or individually as "Party");
Have reached the following understanding:
ARTICLE 1
The Parties reaffirm their commitments under international treaties on intellectual property to which they have acceded, as implemented through their respective national laws, rules, and regulations.
ARTICLE 2
The areas of cooperation between the Parties in the field of intellectual property will include the following:
ARTICLE 3
The activities under this Memorandum of Understanding (MOU) will be carried out subject to the available resources and needs of the Parties and according to the implementation plans to be formulated by the Parties.
ARTICLE 4
The information resulting from the implementation of programs, projects, and cooperation activities under this MOU will not be disclosed or divulged by any Party to third parties, without prior written consent of the other Party.
ARTICLE 5
Any issue arising out of the implementation, interpretation or application of the terms and conditions of this MOU will be resolved through consultation or negotiation between the Parties.
ARTICLE 6
This MOU will be effective on the date of signature by both Parties and will remain in force for a period of five (5) years. Either Party may terminate this MOU by givingwritten notice to the other Party at least three (3) months before the intended date of termination.
This MOU may be amended by the Parties in writing by mutual consent.
The termination of this MOU will not affect the completion of any cooperation activity which was agreed formally or started while this MOU was in force.
The extension of this MOU may be proposed by either Party no later than three (3) months before its expiration, and any extension shall be subject to the written agreement of both Parties.
This MOU is not intended to create any legally binding obligations or corresponding rights for the Parties.
Done in duplicate in Manila, Philippines on 15 November 2017 in the English and Chinese languages, with both texts being equally authentic.
IN WITNESS WHEREOF, the undersigned, have signed this MOU.
Desiring to strengthen their existing friendship and enhance reciprocal understanding;
Recognizing the significant role of intellectual property in promoting innovation in their respective countries, enhancing the competitive advantage of enterprises, including micro, small, and medium enterprises, and in encouraging economic and social development; and
In order to strengthen their exchange and cooperation in the field of intellectual property;
Have reached the following understanding:
The Parties reaffirm their commitments under international treaties on intellectual property to which they have acceded, as implemented through their respective national laws, rules, and regulations.
The areas of cooperation between the Parties in the field of intellectual property will include the following:
- Strengthening exchanges between the Parties in the creation, protection, utilization, management, and enforcement of intellectual property, and promoting the cooperation between the Parties and relevant institutions and organizations in both countries;
- Enhancing high-level dialogues for the exchange of views on the Parties'cooperation, developments in the field of intellectual property, implementation ofintellectual property laws and other intellectual property issues of mutual concern;
- Exchanging information and experiences in the field of intellectual property in respect of promotion of intellectual property culture, intellectual property utilization, management, services, and related areas;
- Strengthening cooperation in training of professionals and development of humanresources, and exchanging experiences on IP-related programs, including thedevelopment of courses and/or modules and training of trainers for the IPAcademy of the Philippines, establishment and operation of IP hubs and relatedinstitutions;
- Strengthening cooperation on the examination of intellectual property applicationsin respect of, inter alia, sharing best practices, to provide quality and efficientservices to stakeholders, including innovators, in both countries;
- Discussing the feasibility of cooperation on data exchange;
- Other areas of cooperation that will facilitate the effective protection, utilization, management, and enforcement of the IP system and commercialization of IP assets as may be agreed upon by both Parties.
The activities under this Memorandum of Understanding (MOU) will be carried out subject to the available resources and needs of the Parties and according to the implementation plans to be formulated by the Parties.
The information resulting from the implementation of programs, projects, and cooperation activities under this MOU will not be disclosed or divulged by any Party to third parties, without prior written consent of the other Party.
Any issue arising out of the implementation, interpretation or application of the terms and conditions of this MOU will be resolved through consultation or negotiation between the Parties.
This MOU will be effective on the date of signature by both Parties and will remain in force for a period of five (5) years. Either Party may terminate this MOU by givingwritten notice to the other Party at least three (3) months before the intended date of termination.
This MOU may be amended by the Parties in writing by mutual consent.
The termination of this MOU will not affect the completion of any cooperation activity which was agreed formally or started while this MOU was in force.
The extension of this MOU may be proposed by either Party no later than three (3) months before its expiration, and any extension shall be subject to the written agreement of both Parties.
This MOU is not intended to create any legally binding obligations or corresponding rights for the Parties.
Done in duplicate in Manila, Philippines on 15 November 2017 in the English and Chinese languages, with both texts being equally authentic.
IN WITNESS WHEREOF, the undersigned, have signed this MOU.