T U E S D AY : A P R I L 2 6 , 2 0 1 6
WORLD
CESAR BARRIOQUINTO EDITOR
editorial@thestandard.com.ph
B7
More US troops bound for Syria HANOVER—US President Barack Obama was on Monday set to announce plans to send up to 250 more special forces to Syria, stepping up military assistance to the rebels as a ceasefire falters. Obama was in Germany for talks with Chancellor Angela Merkel, and both were to be joined later by the leaders of Britain, France and Italy in a meeting expected to focus on the fight against the Islamic State group. On Sunday Obama had pressed for all parties to the Syrian conflict, including the regime’s ally Russia, to return to the negotiating table and “reinstate” an internationally-brokered ceasefire. “I spoke to President Vladimir Putin early last week to try to make sure that we could reinstate the cessation of hostilities,” Obama told a news conference in the northern city of Hanover. That was the clearest indication yet that the White House believes the ceasefire has all but disintegrated as regime and rebel bombardments claimed 26 lives Sunday. Eight weeks into the declared truce between President Bashar al-Assad’s regime and non-jihadist rebels, violence has escalated around Aleppo, with dozens killed by government air strikes and rebel rockets. The surge in fighting and stalled peace talks in Geneva have dimmed hopes that the ceasefire would lay the groundwork for finally resolving Syria’s devastating five-year conflict. The White House has argued that the ceasefire, while imperfect, is worth pursuing and is the only way out of the brutal war, which has sparked a major refugee crisis in the region and Europe. But its stance is bringing Washington and its allies into ever more conflict with rebel groups on the ground, which continue to be on the receiving end of regime attacks. Deputy National Security Advisor Ben Rhodes said Obama would on Monday announce his decision to deploy to Syria another 250 special forces. “This brings the number of US special forces to roughly 300,” he said.
US troops in Syria are mandated to advise and assist Syrian rebel
and anti-Islamic State forces. “What we have seen is the small team that we have put in to Syria several months ago has been very effective in serving as a force multiplier. They are able to provide advice and support to the forces that are fighting against ISIL on the ground,” Rhodes
said, using another acronym for IS. Pressure on Obama is increasing in the United States, which is the throes of a fiercely fought presidential election race, and from European allies who want to halt the massive influx of refugees. Many of Obama’s critics have called for
a safe zone to be established. But he insisted that his refusal “is not a matter of an ideological objection on my part”. “As a practical matter, sadly, it is very difficult to see how it would operate short of us essentially being willing to militarily take over a big chunk of that country.”
OFFICE OF THE SECRETARY
OFFICE OF THE SECRETARY Series of 2016
Memorandum Circular No. 004 Direct Licensing and Spin-off Terms under the Agriculture Industry that would be Considered as “Fair” to the Government Funding Agency (GFA) and/or Research and Development Institute (RDI) for Fast Tracked Issuance of Fairness Opinion Report (FOR) under Republic Act No. 10055, otherwise known as the “Philippine Technology Transfer Act of 2009” ___________________________________________________________________ SUBJECT:
Per the recommendation of the Industry-based FOB duly constituted for the Agriculture Industry pursuant to DOST Special Order No. 176 s. 2016 dated 21 March 2016, the following requirements and terms shall be considered “FAIR” to the GFA and/or RDI for fast tracked issuance of FOR: A. FOR DIRECT LICENSING
The following requirements must be satisfied before the proposed transaction shall be assessed: Fair Market Value: Not exceeding P10,000,000
Direct Licensing and Spin-off Terms under the Electronics Industry that would be Considered as “Fair” to the Government Funding Agency (GFA) and/or Research and Development Institute (RDI) for Fast Tracked Issuance of Fairness Opinion Report (FOR) under Republic Act No. 10055, otherwise known as the “Philippine Technology Transfer Act of 2009” ______________________________________________________ Per the recommendation of the Industry-based FOB duly constituted for the Electronics Industry pursuant to DOST Special Order No. 172 s. 2016 dated 21 March 2016, the following requirements and terms shall be considered “FAIR” to the GFA and/or RDI for fast tracked issuance of FOR:
(1) Basic Requirements The following requirements must be satisfied before the proposed transaction shall be assessed:
Types of IP: • Patents, UMs, Industrial Designs (IDs) and Trade Secrets
Eligibility of Licensee: If Sole Proprietor:
Eligibility of Licensee: a. If Sole Proprietor: • Registered at the Department of Trade and Industry (DTI) • Filipino citizen • Equity at least equivalent to the cost of developing the technology (R&D Cost) or Value of the technology but not below P 500,000.00 • With existing facilities • At least three (3) years of existence
Registered at the Department of Trade and Industry (DTI) Filipino citizen With Audited Financial Statement for the past three (3) years With existing facilities At least three (3) years of existence
If a corporation, partnership or cooperative: b1. b2. b3. b4. b5.
SUBJECT:
Cost of developing the technology (R&D Cost) OR Value of the technology: • Not exceeding P2,000,000
Types of IP: Patents, UMs and Trade Secrets
b.
Memorandum Circular No. 003
A. FOR DIRECT LICENSING
(1) Basic Requirements
a1. a2. a3. a4. a5.
Registered at the Securities and Exchange Commission (SEC) Domestic With Audited Financial Statement for the past three (3) years. With existing facilities At least three (3) years of existence
b.
(2) Terms in the proposed transaction The following terms shall be the basis in the determination whether the proposed transaction is “Fair” to the GFA or to the RDI: Financial terms: a.
Royalty rates: At least 1% from the gross sales. If the agreement is exclusive, at least 5% from the gross sales.
Note: The TLA should contain performance milestones b.
United States into another ground war in the Muslim world. In an interview with the BBC aired Sunday, Obama said that “it would be a mistake for the United States, or Great Britain, or a combination of Western states to send in ground troops and overthrow the Assad regime.” AFP
Republic of the Philippines DEPARTMENT OF SCIENCE AND TECHNOLOGY
Republic of the Philippines DEPARTMENT OF SCIENCE AND TECHNOLOGY
a.
Obama has come under criticism for his handling of Syria’s war, with opponents saying he could have done more to stem the bloodshed. But the US president—who came to power vowing to withdraw US troops from Iraq and Afghanistan— has stood pat in his opposition to plunging the
If a corporation, partnership or cooperative: • Registered with the SEC • Domestic • Equity at least equivalent to the cost of developing the technology (R&D Cost) OR Value of the technology but not below P 1,000,000.00 • With existing facilities • At least three (3) years of existence
(2) Terms of the proposed transaction The following terms shall be the basis in the determination if the proposed transaction can be declared as “Fair” to the GFA or to the RDI, on the condition that the licensing agreement contains performance milestones: Financial terms: a. Royalty rates: At least 2% from the gross sales. b. Licensing fee: At least 2% of the cost of developing the technology (R&D Cost). Exclusivity: * Non-Exclusive (with or without field of use or geographic limitation)
Licensing fee: At least 1% of the Fair Market Value of the technology.
Exclusivity: Both Exclusive and Non-Exclusive (with or without field of use or geographic limitation), subject to the above royalty rates.
Sub-licensing: With written consent/upon the discretion of the Licensor Effectivity / Term: a. For Patents and Trade Secrets: At least five (5) years, renewable b. For UMs and IDs: At least three (3) years or the Life of the UM/ID
Sub-licensing: With written consent/upon the discretion of the Licensor Effectivity / Term: a.
For patents and trade secrets: At least five (5) years, renewable
B. FOR SPIN-OFFS
b.
For UMs and IDs: At least three (3) years or the life of the UM or ID
(1) Basic Requirements
B. FOR SPIN-OFFS
The following requirements must be satisfied before the proposed transaction shall be assessed:
(1) Basic Requirements
Cost of developing the technology (R&D Cost) OR Value of the technology: • Not exceeding P2,000,000
The following requirements must be satisfied before the proposed transaction shall be assessed: Fair Market Value of the technology: Not exceeding P10,000,000. Types of IP: Patents and UMs, industrial design, and trade secrets Eligibility: a.
Who can spin-off? a1. Employee who is still in the service with the RDI, whether or not a member of the research team that developed the technology, during the license period; or a2. The RDI that developed the technology.
b.
Type of spin-off: Corporation or partnership, with full or partial investment from the RDI. Draft SEC or DTI Registration Form should be attached together with proposed business plan.
c.
FOR request should also contain secondment/leave form, and an indication from RDI that researcher will be allowed. Researcher/member of research team to present leave of absence1 and waiver by RDI of conflict of interest. 2
(2) Terms in the proposed transaction The following terms shall be the basis in the determination whether the proposed transaction is “Fair” to the GFA or to the RDI: Financial terms: a.
Royalty rates: At least 1% from the gross sales. If the agreement is exclusive, at least 5% from the gross sales.
b.
Upfront fee: Non-required.
If exclusive without field of use or geographic limitations, full scale FOB evaluation is required. Effectivity / Term: For patents and trade secrets: At least five (5) years, renewable.
b.
For UMs and IDs: At least three (3) years or the life of the UM or ID.
1. See RA 10055 IRR, Chap. VI, Rule 16 2. See RA 10055 IRR, Chap. VI, Rule 18
b.
c. d.
Type of spin-off: Corporation or partnership, without government funding support; government support may come in the form of Technology Business Incubator (TBI) space/ facility. Draft articles of incorporation or partnership should be attached together with the proposed business plan Capitalization equity: At least equivalent to the cost of the technology (R&D cost), or value of the technology, or value of the transaction; but not below P500,000.00. FOR request should also contain secondment/leave form, and an indication from RDI that researcher will be allowed. Researcher/member of research team to present leave of absence and waiver by RDI of conflict of interest.
Start up companies are subject to full blown FOB evaluation. (2) Terms in the proposed transaction The following terms shall be the basis in the determination if the proposed transaction can be declared as “Fair” to the GFA or to the RDI: Financial terms: a. Royalty rates: At least minimum of industry rate. b. Upfront fee: not required
•
Non-Exclusive (with or without field of use or geographic limitation). If exclusive without field of use or geographic limitations – Full scale FOB evaluation.
Effectivity / Term: a. For Patents and Trade Secrets: At least five years , renewable b. For UMs and IDs: At least three years or the lifetime of the UM/ID
This Circular shall take effect immediately after its complete publication in the Official Gazette or newspaper of general circulation and upon filing at the UP Law Center in accordance with law.
ARIO G. MONTEJO MARIO Secretary
Eligibility of Licensee: a. Who can spin-off • Researcher or any member of the research team • Employee / still in the service with the RDI during the license period
Exclusivity:
Exclusivity: Non-Exclusive (with or without field of use or geographic limitation)
a.
Types of IP: • Patents, UMs, Industrial Design and Trade Secrets
This Circular shall take effect immediately after its complete publication in the Official Gazette or newspaper of general circulation and upon filing at the UP Law Center in accordance with law. MARIO G. MONTEJO Secretary
( T S - A P R . 2 6 , 2 016)
1. See RA 10055 IRR, Chap. VI, Rule 16 2. See RA 10055 IRR, Chap. VI, Rule 18
( T S - A P R . 2 6 , 2 016)