This Sole License agreement template is designed for use under Swiss law when a rights holder wishes to grant exclusive exploitation rights to another party while maintaining ownership of the intellectual property. It is particularly useful in situations involving valuable IP assets such as patents, trademarks, copyright, or trade secrets where controlled commercialization is essential. The document incorporates specific requirements of Swiss federal law, including provisions from the Code of Obligations and relevant IP legislation, while addressing competition law considerations. It contains comprehensive sections covering license scope, territory definitions, quality control, payment terms, and protection mechanisms. This template is suitable for both domestic Swiss transactions and international licensing arrangements where Swiss law is chosen as the governing law.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the licensed property
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Explicit grant of sole license, stating its exclusive nature and territorial scope
5. Licensed Property: Detailed description of the intellectual property being licensed
6. Term and Termination: Duration of the license and circumstances for termination
7. License Fees and Payment Terms: Financial terms including royalties, payment schedule and methods
8. Licensee Obligations: Key responsibilities and commitments of the licensee
9. Licensor Obligations: Key responsibilities and commitments of the licensor
10. Quality Control: Standards and requirements for use of the licensed property
11. Intellectual Property Protection: Provisions for maintaining and protecting the licensed IP
12. Representations and Warranties: Standard warranties regarding ownership and right to license
13. Indemnification: Mutual indemnification provisions and liability allocation
14. Confidentiality: Protection of confidential information exchanged under the agreement
15. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction
16. General Provisions: Standard boilerplate clauses including assignment, notices, and amendments
1. Sub-licensing Rights: Include when licensee is permitted to sub-license the property
2. Minimum Performance Requirements: Include when specific performance targets are required
3. Export Control: Include when licensed property is subject to export regulations
4. Technology Transfer: Include when technical knowledge or support is part of the license
5. Improvements: Include when dealing with future improvements to the licensed property
6. Competition Law Compliance: Include when there are specific competition law considerations
7. Insurance: Include when specific insurance requirements are necessary
8. Source Code Escrow: Include when licensing software with source code provisions
1. Schedule 1 - Licensed Property Description: Detailed technical specifications or description of licensed IP
2. Schedule 2 - Territory Definition: Detailed description of geographic scope of license
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, royalties and payment terms
4. Schedule 4 - Quality Control Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Technical Documentation: Technical materials and documentation to be provided
6. Appendix A - Approved Use Guidelines: Specific guidelines for using the licensed property
7. Appendix B - Reporting Templates: Standard forms for required reporting
8. Appendix C - Contact Details: Key contacts for both parties for various purposes
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