ISSUANCE OF
FAIRNESS OPINION REPORT
AND WRITTEN
RECOMMENDATION
RATIONALE
JOINT DOST-IPOPHL ADMINISTRATIVE ORDER NO. 001
Amending the Implementing Rules and Regulations of RA 10055

Rule 3 (t)
Receiving Office shall refer to the regional office of the DOST
which received the request for a fairness opinion report.

Rule 11, Section 5 (d)

The Receiving Office shall act as the Secretariat to the Board.

*Amended IRR was signed by DOST and IPOPHL last March 7, 2019, and took effect last April 19, 2019.
Amended FOB guidelines and other DOST IP related policies for approval of DOST Secretary.
WHEN FOR IS MANDATORY
The FOR is mandatory in any of the following instances:

a. When the Government Funding Agency (GFA) directly

negotiates agreements for commercialization of the intellectual
properties (IPs)
b. When the public Research and Development Institutions (RDI)
directly negotiates agreements for the commercialization of IPs
c. In the creation of spin-off firm or company
WHEN FOR IS NOT MANDATORY
The following activities are not considered as commercialization,
thus, FOR is not required:
a. government extension programs as defined and determined by the
RDI;
b. training services as defined and determined by the RDI;
c. public good, which shall be defined and determined by the RDI;
d. manufacturing for pre-commercialization activities, in which case, a
limited manufacturing license is issued; and
e. other analogous cases as may be determined by the RDI.
WHERE TO APPLY
a. where the Technology Transferee has an office or
residence;
b. where the Technology Transferor has an office or business
address;
c. where the Technology Transfer Agreement is signed or is
to be executed;
d. where any of the facilities of the Technology Transferee is
located; or
e. where the target market is located.
FAIRNESS OPINION REPORT - CRITERIA
a. Financial capability of the Technology Transferee and its
ability to sustain the production of products, adoption of
process and rendering of services;
b. Competitive position of the Technology Transferee; and
c. Marketability of the product or service that shall be
produced from the subject technology
REQUIREMENTS
a. Proposed Transaction
b. Financial Documents to prove
financial capability of the
Transferee
• Technology Licensing Agreement; or
• Originally signed Term Sheet
Licensor:
Valuation Report; or
• R&D cost; or
• Audited FR of Projects for R&D, Development of Prototype,
Pilot Testing, Market Testing
Licensee:
If Spinoff:
• Proof of capitalization, and
• Business Plan
If Direct Licensing (3 years operational):
• Latest Audited FS; or
• Income Tax Return
If the Licensee is a start-up:
• Interim FS with Business Plan
REQUIRED DOCUMENTS
c. Documents relating to IP protection
d. Documents to support legal,
social, environmental, or other
impact of the proposed transaction
(for written recommendation)
• IP application form / number / registration
documents; or
• Letter of patent registration; or
• Freedom to operate
Licensor:
• Commercialization plan / market study
Licensee:
• Business Plan,
• Published articles / press releases; or
• CSR history; or
• List of freebies; or
• Feasibility assessment
 REQUIRED DOCUMENTS
e. Background Documents of
the parties to the transaction
Licensor:
• Organizational Profile; or
• Organizational Chart; or
• Copy of mandate / enabling law; or
• Annual report
Licensee:
a. If spin-off:
• Draft articles of incorporation and by-laws (ready for filing)
• Letter of support / any document that the institution supports
the spin-off, and
• Proof of participation of researcher to the spin-off, or Proof of
leave of absence of researcher-employee
b. If Direct Licensing:
• SEC registration and Articles of incorporation/ DTI registration
• Mayor's permit
• BIR Certificate of Registration
• Company profile
REQUIRED DOCUMENTS
f. List of recommendees for • Full name, designation, institution affiliated, email,
possible FOB membership office/ mobile number, and CV
✔ensure availability of recommended FOB experts
✔three experts (at least one from private institution)
▪ IP and legal
▪ Technical
▪ Financial
g. Filled up certification form DOST-MIMAROPA form
stating that the Licensor has not
filed for a request for an
issuance of FOR and Written
Recommendation in other DOST
Regional Offices

*Two (2) sets of documents must be submitted to FOB Secretariat.

 OPERATING PROCEDURES
• Receipt of • Identification
FOR request of possible • Forward
from the FOB FOR to
requesting members TAPI copy
party and forward furnished
(GFA/ RDI) the list to the DOST
• Formality DOST Secretary • DOST Secretary
evaluation to Secretary, • Meetings and for with the
determine the through the • Constitution Evaluation, and issuance assistance of
completeness OUSec ROS, of FOB Site Visit if of written TAPI will issue
and copy through necessary recomme the Written
authenticity of furnished Special • Preparation and ndation Recommendation
the documents OUSec R&D Order Issuance of FOR

3 8 5 15 1 8
RDI/ GFA FOB Secretariat DOST Secretary FOB experts, FOB Secretariat TAPI
FOB Secretariat Licensor, Licensee,
and FOB Secretariat
Per FOB and WR Guidelines:
ARTICLE IV, SECTION 5 OF DOST MC NO. 002
"Nothing in this Guidelines shall be interpreted to mean the FOR and
Written Recommendation as a clearance for the proposed
transaction.
The FOR and Written Recommendation only serves as the opinion of
the FOB/ recommendation of the DOST Secretary on the terms and
conditions of the proposed transaction."
Expenses on Organization of FOB and Issuance of
FOR
Rule 11, Section 5(g) of the Amended IRR of RA 10055 10055

“All costs and expenses of the FOB and its Secretariat shall be
shouldered by the GFA and/or the RDI in the proportion as
determined in the Research Funding Agreement (RFA).

In the absence of such provision, the costs and expenses shall be

shouldered by the GFA .”
Letter of Request for Issuance of FOR and WR:

Dr. Ma. Josefina P. Abilay

Regional Director
4F PTRI Bldg. Bicutan, Taguig City

EMAIL: fob.dost4b@gmail.com
Telephone No.: (02) 837-3755 or (02) 837-2071
Mobile No.: Karl Vernon Tamban- 0945-486-5762
Mark Jasper Gloria- 0997-906-0209