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IP License Agreement

IP License Agreement Template for Austria

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Key Requirements PROMPT example:

IP License Agreement

"I need an IP License Agreement under Austrian law for licensing our proprietary software technology to multiple European manufacturers, with exclusive territorial rights and quarterly royalty payments, planned to commence from March 2025."

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Document background
The IP License Agreement is a crucial legal instrument used when one party (licensor) grants another party (licensee) the right to use specific intellectual property rights under defined terms and conditions. This agreement is particularly important in the Austrian legal context, where it must comply with both national laws (such as the Austrian Patent Law, Trademark Protection Act, and Copyright Act) and EU regulations. The document is essential for businesses seeking to monetize their intellectual property or acquire rights to use others' IP assets. It typically includes detailed provisions on scope of use, territorial restrictions, quality control measures, payment terms, and compliance requirements. The agreement should be carefully drafted to ensure enforceability under Austrian law while protecting both parties' interests in the licensed intellectual property.
Suggested Sections

1. Parties: Identification and details of the licensor and licensee

2. Background: Context of the agreement and brief description of the intellectual property being licensed

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope of the license, including territory, exclusivity, and permitted uses

5. License Fees and Payment Terms: Financial terms, including royalties, payment schedule, and reporting requirements

6. Protection of IP Rights: Obligations regarding IP protection, maintenance, and enforcement

7. Confidentiality: Provisions for protecting confidential information exchanged under the agreement

8. Warranties and Representations: Warranties regarding IP ownership, right to license, and non-infringement

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Post-Termination Obligations: Obligations of parties after agreement termination

11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

12. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. Sublicensing Rights: Include when licensee is permitted to sublicense the IP to third parties

2. Quality Control: Include for trademark licenses or when product quality standards must be maintained

3. Source Code Escrow: Include for software licenses where source code access may be needed

4. Performance Obligations: Include when minimum sales or usage targets are required

5. Improvements and New Developments: Include when parties may develop improvements to the licensed IP

6. Export Control: Include when licensed IP may be subject to export regulations

7. Data Protection: Include when personal data processing is involved

8. Insurance Requirements: Include when specific insurance coverage is required

9. Change of Control: Include when agreement stability needs protection from ownership changes

Suggested Schedules

1. Schedule 1: Licensed Intellectual Property: Detailed description of all IP being licensed, including registration numbers

2. Schedule 2: Technical Specifications: Technical details and requirements for the licensed IP

3. Schedule 3: Royalty Calculations: Detailed methodology for calculating royalties and other payments

4. Schedule 4: Quality Standards: Specific quality requirements and testing procedures

5. Schedule 5: Support and Maintenance: Details of any technical support or maintenance services

6. Appendix A: Approved Form of Quality Control Reports: Templates for quality control reporting

7. Appendix B: Compliance Certificates: Required compliance and regulatory certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Affiliate
Background IP
Commencement Date
Confidential Information
Documentation
Effective Date
Foreground IP
Improvements
Intellectual Property Rights
Licensed Products
Licensed Technology
Licensed Territory
Net Sales
Patents
Permitted Purpose
Proprietary Information
Royalties
Specification
Technical Information
Term
Third Party
Trademarks
Trade Secrets
Working Day
Field of Use
Know-How
Quality Standards
Regulatory Approvals
Subsidiary
Support Services
Technical Assistance
Force Majeure Event
Gross Negligence
Material Breach
Licensed Software
Source Code
Object Code
Derivative Works
Intellectual Property Claims
Clauses
Grant of License
Intellectual Property Rights
Payment Terms
Royalties
Territory Restrictions
Quality Control
Confidentiality
Non-Competition
Warranties
Indemnification
Term and Termination
Assignment
Force Majeure
Governing Law
Dispute Resolution
Notices
Liability Limitation
Regulatory Compliance
Audit Rights
Record Keeping
Technical Support
Training
Maintenance
Sublicensing
Export Control
Data Protection
Insurance
Anti-Corruption
Change of Control
Severability
Entire Agreement
Amendment
Survival
Performance Obligations
Reporting Requirements
Relevant Industries

Technology

Software Development

Pharmaceuticals

Biotechnology

Manufacturing

Research & Development

Consumer Goods

Industrial Design

Media & Entertainment

Telecommunications

Healthcare

Automotive

Fashion & Luxury Goods

Education

Relevant Teams

Legal

Intellectual Property

Research and Development

Innovation

Business Development

Commercial

Compliance

Technology Transfer

Product Development

Corporate Strategy

Relevant Roles

General Counsel

IP Lawyer

Legal Director

Chief Technology Officer

Research Director

Head of Innovation

Licensing Manager

Patent Attorney

Commercial Director

Business Development Manager

Chief Executive Officer

Chief Legal Officer

Technology Transfer Officer

R&D Manager

Intellectual Property Manager

Contract Manager

Industries
Austrian Patent Law (Patentgesetz): Governs patent rights, their protection, and licensing in Austria. Essential for any IP license agreement involving patents.
Austrian Trademark Protection Act (Markenschutzgesetz): Regulates trademark rights and their commercial exploitation through licensing in Austria.
Austrian Copyright Act (Urheberrechtsgesetz): Covers copyright protection and licensing of creative works, software, and related rights.
Austrian Civil Code (ABGB - Allgemeines bürgerliches Gesetzbuch): Provides the general framework for contract law, including formation, interpretation, and enforcement of contracts.
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Contains provisions relevant to commercial contracts and business relationships.
EU Competition Law (and Austrian Cartel Act): Regulates anti-competitive practices and may affect certain licensing terms and restrictions.
EU General Data Protection Regulation (GDPR): May be relevant if the licensed IP involves processing of personal data or if data sharing is part of the agreement.
Austrian Trade Secret Act (Geschäftsgeheimnisgesetz): Protects confidential business information and know-how, often crucial in IP licensing arrangements.
Austrian Consumer Protection Act (Konsumentenschutzgesetz): May apply if one party to the license agreement qualifies as a consumer under Austrian law.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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