Cross Licence Agreement for the United Kingdom

Cross Licence Agreement Template for England and Wales

A Cross Licence Agreement under English and Welsh law is a bilateral agreement where two or more parties grant each other rights to use their respective intellectual property. This document establishes the terms under which each party can use the other's patents, trademarks, copyrights, or other intellectual property rights. It typically includes detailed provisions on scope, territory, payment terms, quality control, and compliance with UK intellectual property and competition laws.

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What is a Cross Licence Agreement?

Cross Licence Agreements are commonly used when organizations possess complementary intellectual property rights or when they wish to avoid potential infringement disputes. These agreements, governed by English and Welsh law, enable parties to leverage each other's technological innovations while maintaining their respective IP ownership. The Cross Licence Agreement typically covers detailed terms of use, territorial restrictions, royalty arrangements, and quality control measures, ensuring compliance with UK intellectual property legislation and competition laws. It's particularly valuable in technology-intensive sectors where patent portfolios often overlap.

What sections should be included in a Cross Licence Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and ownership of relevant IP rights

3. Definitions: Key terms used throughout the agreement

4. Grant of Licence: Specific rights being licensed by each party

5. Scope of Licence: Territory, field of use, and any restrictions

6. Payment Terms: Financial arrangements including royalties if applicable

7. Term and Termination: Duration and circumstances for ending the agreement

8. Confidentiality: Protection of sensitive information

9. Governing Law: Applicable law and jurisdiction

What sections are optional to include in a Cross Licence Agreement?

1. Improvements: Rights to technological improvements, used when ongoing development expected

2. Sub-licensing Rights: Include if parties can grant sub-licenses

3. Quality Control: Include for trademark licenses or when product quality is crucial

4. Technical Support: Include if knowledge transfer or support is part of the arrangement

5. Export Controls: Include for international licensing arrangements

What schedules should be included in a Cross Licence Agreement?

1. Licensed IP: Detailed list of intellectual property covered by the agreement

2. Technical Specifications: Technical details of licensed technology or processes

3. Royalty Calculations: Detailed methodology for calculating any royalties

4. Quality Standards: Specific quality requirements if applicable

5. Approved Sub-licensees: List of pre-approved sub-licensees if applicable

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

License Agreement

Cost

Free to use
Clauses
Industries

Patents Act 1977: Primary UK legislation governing patent rights, including provisions for patent licensing, infringement, and enforcement. Defines the scope of patentable inventions and rights of patent holders.

Copyright, Designs and Patents Act 1988: Comprehensive legislation covering copyright protection, design rights, and licensing provisions. Includes regulations on moral rights and enforcement of intellectual property rights.

Trade Marks Act 1994: Key legislation governing trademark registration, protection, licensing, and enforcement in the UK. Defines what constitutes trademark infringement and available remedies.

Competition Act 1998: Ensures licensing agreements comply with competition law, prevents anti-competitive practices, and abuse of market dominance in licensing arrangements.

Contracts Act 1999: Fundamental legislation governing contract formation, enforcement, consideration, and capacity of parties in English law.

EU Retained Law: Relevant European Union regulations that have been retained in UK law post-Brexit, including the Technology Transfer Block Exemption Regulation.

Common Law Principles: Established case law principles governing contract formation, interpretation, breach, and remedies in English law.

International Treaties: Key international agreements including the Paris Convention, TRIPS Agreement, and Patent Cooperation Treaty (PCT) that impact cross-licensing.

CMA Guidelines: Competition and Markets Authority guidelines governing competition aspects of licensing agreements.

IPO Requirements: Intellectual Property Office requirements and procedures for recording and managing intellectual property licenses.

UK GDPR: Data protection requirements that may apply if the licensed technology involves processing of personal data.

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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