Cross License Agreements under German law are utilized when two or more parties wish to exchange rights to their respective intellectual property portfolios. These agreements are particularly common in technology-intensive industries where companies hold complementary patent rights or need to ensure freedom to operate. The document must comply with German civil law (BGB), patent law (PatG), and EU competition regulations. It typically includes detailed technical specifications, scope of license grants, territorial restrictions, and quality control requirements. Cross License agreements are especially relevant in contexts involving standard-essential patents, complex technology ecosystems, or situations where mutual access to protected technologies is necessary for business operations.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement, including brief description of each party's relevant IP portfolio and business relationship
3. Definitions: Definitions of key terms used throughout the agreement, including technical terms and IP-related concepts
4. Grant of License: Mutual license grants, including scope, territory, and field of use for each party's licensed IP
5. License Restrictions: Specific limitations on the use of licensed IP, including any field restrictions or territorial limitations
6. Technical Information and Support: Provisions regarding the exchange of technical information and documentation necessary for implementing the licensed IP
7. Confidentiality: Obligations regarding the protection of confidential information exchanged under the agreement
8. Representations and Warranties: Each party's assertions regarding IP ownership, right to license, and non-infringement
9. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
10. Post-Termination Obligations: Obligations that survive termination and wind-down provisions
11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for dispute resolution
12. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Royalties and Payments: Include when the cross-license involves monetary compensation or balancing payments
2. Quality Control: Include when licensed IP requires maintaining certain quality standards or specifications
3. Improvements: Include when parties want to address rights to future improvements of the licensed IP
4. Patent Marking: Include when specific patent marking requirements need to be addressed
5. Export Control: Include when licensed technology is subject to export control regulations
6. Standards Compliance: Include when licensed technology relates to technical standards or standard-essential patents
7. Competition Law Compliance: Include detailed competition law provisions when agreement might raise antitrust concerns
8. Data Protection: Include when licensed technology involves processing of personal data
1. Schedule A - Licensed Patents: List of patents and patent applications covered by the cross-license
2. Schedule B - Licensed Know-How: Description of technical knowledge and trade secrets being licensed
3. Schedule C - Technical Specifications: Detailed technical specifications for the licensed technology
4. Schedule D - Quality Standards: Quality requirements and specifications if applicable
5. Schedule E - Reporting Templates: Templates for any required technical or commercial reporting
6. Appendix 1 - Contact Persons: List of technical and administrative contacts for each party
7. Appendix 2 - Implementation Timeline: Timeline for implementing the licensed technology and any milestones
Relevant legal definitions
Agreement
Affiliate
Background IP
Confidential Information
Effective Date
Field of Use
Improvements
Licensed Patents
Licensed Products
Licensed Technology
Licensed Know-How
Net Sales
Patent Rights
Technical Information
Territory
Third Party
Trade Secrets
Standard Essential Patents
Implementation
Technical Specifications
Subsidiary
Intellectual Property Rights
Documentation
Quality Standards
Competitive Product
Commercial Use
Research Use
Development Rights
Licensed Software
Source Code
Object Code
Patent Applications
Know-How
Technical Assistance
Exploitation
Contract Term
Force Majeure
Governing Law
Jurisdiction
Affiliate
Background IP
Confidential Information
Effective Date
Field of Use
Improvements
Licensed Patents
Licensed Products
Licensed Technology
Licensed Know-How
Net Sales
Patent Rights
Technical Information
Territory
Third Party
Trade Secrets
Standard Essential Patents
Implementation
Technical Specifications
Subsidiary
Intellectual Property Rights
Documentation
Quality Standards
Competitive Product
Commercial Use
Research Use
Development Rights
Licensed Software
Source Code
Object Code
Patent Applications
Know-How
Technical Assistance
Exploitation
Contract Term
Force Majeure
Governing Law
Jurisdiction
Clauses
Grant of License
Intellectual Property Rights
License Restrictions
Technical Assistance
Confidentiality
Warranties and Representations
Indemnification
Term and Termination
Quality Control
Consideration
Reporting
Audit Rights
Competition Law Compliance
Export Control
Force Majeure
Assignment
Dispute Resolution
Governing Law
Improvements
Patent Marking
Standards Compliance
Data Protection
Non-Assignment
Severability
Entire Agreement
Amendments
Notice
Survival
Intellectual Property Rights
License Restrictions
Technical Assistance
Confidentiality
Warranties and Representations
Indemnification
Term and Termination
Quality Control
Consideration
Reporting
Audit Rights
Competition Law Compliance
Export Control
Force Majeure
Assignment
Dispute Resolution
Governing Law
Improvements
Patent Marking
Standards Compliance
Data Protection
Non-Assignment
Severability
Entire Agreement
Amendments
Notice
Survival
Relevant Industries
Technology
Telecommunications
Automotive
Electronics
Healthcare
Manufacturing
Software Development
Semiconductors
Industrial Equipment
Research & Development
Biotechnology
Consumer Electronics
Relevant Teams
Legal
Intellectual Property
Research & Development
Business Development
Technology Transfer
Standards and Compliance
Technical Operations
Innovation
Corporate Development
Patent Operations
Relevant Roles
Chief Technology Officer
Head of Legal
IP Counsel
Patent Attorney
Licensing Manager
Legal Counsel
Research & Development Director
Chief Innovation Officer
Technology Transfer Manager
Business Development Director
Head of Patents
Standards Manager
Technical Program Manager
Chief Legal Officer
VP of Intellectual Property
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