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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 891 |
Ministry of Budget
Development Bank of the Philippines
All Concerned
WHEREAS, the critical technological problem in the country today is effective transfer, delivery and exploitation of available local and foreign technologies for the purpose of upgrading the products and production processes of firms;
WHEREAS, under Presidential Memorandum dated 22 December 1978, the Technology Resource Center (TRC) has been mandated to develop and implement an Export Industry Modernization Project designed to modernize the production technologies of firms to make them competitive in the international market;
WHEREAS, applied research, which is the innovative improvement of existing and imported technologies, must be market oriented and directly related to the production processes at the firm level;
WHEREAS, there is a pressing need to strengthen and reinforce existing mechanisms involved in the transfer and delivery of available technologies to individual firms;
NOW, THEREFORE I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, hereby order and direct the following:
1.
Technology Utilization Teams. — TRC is hereby directed to form
Technology Utilization Service Teams ("TUST") in the fields of
specialization of government entities responsible for the generation of
Government Technologies referred in paragraph 4 below. TUSTs, which
shall be composed of marketing, managerial and technical personnel from
TRC and government entities engaged in research and development, shall
provide direct linkage between research and development centers on the
one hand and firms availing of Government Technologies on the other.
TUSTs shall also provide,
through TRC, consultancy services to firms in order that government
technical expertise may be availed of by private sector. TUST members
shall be entitled to reasonable honoraria from TRC, provided that such
honoraria shall been derived solely from consultancy service fees paid
by client firms to TRC.
2. TRC Link-Up
with Other Agencies — All government research and development,
universities, colleges, technical schools and similar agencies are
hereby directed to link-up with TRC as the information center for the
utilization of Government Technologies. The TRC shall issue guidelines
to be observed by such government agencies in the transmission of
technical information to, and retrieval thereof from TRC. Technical
information generated from such link-up shall be made available to
private industry users such terms and conditions to be determined by
TRC.
3. Licensing
of Government Technologies. — TRC shall grant third parties, whether
public or private, licenses to utilize Government Technologies. The
grant of such licenses shall be subject to terms and conditions,
including payment of royalties, to be determined by TRC. Sixty percent
(60%) of royalties from such licenses shall accrue to the government
research and development agency responsible for generating the
technology licensed, while the balance of the royalties shall accrue to
a Technology Development Fund to be administered by TRC for the purpose
of developing the market for Government Technologies and for building
up TRC's technology data bank.
4. Government
Technologies — Government Technologies, which are owned by government,
are defined as follows:
a.
Service technologies — those innovations, inventions, processes,
utility models, industrial designs, secret formulas and similar
technologies, whether patentable or not, developed by persons under an
employment or consultancy contract/relationship with the government or
any of its agencies for the performance of research work.
b. Dependent
technologies — those innovations, inventions, processes, utility
models, industrial designs, secret formulas and similar technologies,
whether patentable or not, developed by persons under an employment or
consultancy contract/relationship with the government or any of its
agencies and who are under no obligation to exercise an inventive
activity but who use data or means available to them by reason of such
employment or consultancy to develop the technology.
c. Other
technologies — those innovations, processes, utility models, industrial
designs, secret formulas and similar technologies, whether patentable
or not, developed by government research and development centers,
universities, colleges, technical schools and other agencies.
Excluded
from the coverage of Government Technologies are those developed by the
government or its agencies in cooperation with foreign governments or
international/regional organizations where the resulting technologies
are declared to be outside the ownership of any entity, public or
private.
6. Agency Assistance. — Upon the request of TRC, government research and development centers, universities, colleges, technical schools and similar agencies shall make available to TRC their facilities to enable TRC to carry out the foregoing directive and responsibilities.
7. Repealing Clause. — All orders, issuances, memoranda, rules and regulations inconsistent herewith are hereby repealed or modified accordingly.
DONE in the City of Manila, this 23rd day of July, in the Year of Our Lord, nineteen hundred and seventy nine.
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