PHILIPPINES Law and Practice Contributed by: Ignatius Michael D Ingles and Daphne Marie M Gomez, Law Firm of Ingles Laurel Calderon
age assignments while preventing abuse of IP rights and adverse effects on competition and trade. Restric - tions on such assignments are detailed in Sections 87 and88 of the IP Code. Section 87 lists provisions in any transfer agreement that are prohibited. In general, these are clauses in voluntary licensing agreements that may harm com - petition by: • restricting the licensee’s business freedom, such as limiting the assignee to only use a particular supplier of raw materials, manpower or technology; • controlling the licensee’s output of pricing, such as restricting volume or structure of production; or • expanding the assigned IP rights beyond the lawful scope, such as requiring royalty payments even after the termination of any voluntary assignment agreement. On the other hand, Section 88 lists provisions that must be included in a transfer agreement. In general, these are the applicability of Philippine law and rules on venue, granting the assignee continued access to improvements in techniques and processes related to the IP, and the applicability of either the rules of procedure of the Arbitration of the Arbitration Law of the Philippines, the Arbitration Rules of the United Nations Commission on International Trade Law, or the International Chamber of Commerce in the event of arbitration. If the transfer agreement either contains a prohibited provision under Section 87 or lacks a mandatory pro - vision under Section 88, the agreement is automati - cally deemed unenforceable, unless said agreement is approved and registered with the Documentation, Information and Technology Transfer Bureau under Section 91, which covers exceptional cases where substantial economic benefits are expected to result
sports betting has opened up opportunities for mon - etising sports data, but it still has to comply with any data-sharing regulations under the Data Privacy Act of 2012. 5.8 Data Protection The Data Privacy Act of 2012 (DPA) is the main law governing data protection in the Philippines. It is sup - plemented by the Implementing Rules and Regula - tions (IRR) issued by the National Privacy Commis - sion (NPC), which is the government agency tasked to implement the DPA. The DPA protects any personal information, defined as any information in which the identity of an individual is apparent or can be reason - ably and directly ascertained by the entity holding the information, or which, when put together with other information, would directly and certainly identify an individual. The DPA protects sensitive information to a greater and stricter extent. Sensitive personal information per - tains to a person’s race, education, criminal record, and religion, among others. The processing and shar - ing of sensitive personal information require prior con - sent at all times. This is an important consideration in collegiate sports, especially as student-athletes must give their consent to the sharing of their transcript of records when they transfer from one school to another. The role of national courts in dealing with sports dis - putes differs depending on the type of sports dispute. For field-of-play calls, the Supreme Court, in a 1995 case, established a policy of refusing to resolve field- of-play call disputes. Unless there is an arbitrary and brazen violation of sports rules by the sports officials and organisers, national courts will defer to the origi - nal decisions. For sports disputes involving the application of local laws, parties may immediately seek redress in the national court system, unless there is a provision between the parties mandating recourse through ADR or via the internal processes of a sports governing 6. Dispute Resolution 6.1 Role of National Court Systems
from the assignment. 5.7 Data in Sport
The use of athlete and spectator data is not as exten - sive in the Philippines as in other jurisdictions. How - ever, there has been a push to commercialise and monetise sports data in live sports events to further enhance fan experience. The recent legalisation of
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