An Intellectual Property Licence Agreement is essential when one party wishes to use another's intellectual property rights while the owner retains ownership. This document, governed by English and Welsh law, establishes the terms under which intellectual property can be used, including scope, duration, territory, and payment terms. It provides legal protection for both parties and ensures compliance with relevant UK legislation, including the Copyright, Designs and Patents Act 1988, Trade Marks Act 1994, and Patents Act 1977.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and ownership of the IP rights
3. Definitions: Key terms used throughout the agreement
4. Grant of Licence: Scope and nature of the licence being granted, including type of licence (exclusive/non-exclusive), field of use, and territory
5. Term and Termination: Duration of licence, renewal provisions, and circumstances for termination
6. Payment Terms: Fees, royalties, payment schedules, and reporting requirements
7. IP Protection: Obligations regarding protection and maintenance of the licensed IP
8. Confidentiality: Provisions for protecting confidential information exchanged during the agreement
9. Warranties and Indemnities: Representations about IP ownership and provisions for indemnification
10. Governing Law and Jurisdiction: Specification of applicable law and courts having jurisdiction
1. Quality Control: Standards and monitoring procedures for trademark or brand licensing
2. Improvements: Rights and obligations regarding improvements or modifications to the licensed IP
3. Sub-licensing Rights: Terms and conditions under which the licensee may sub-license the IP
4. Territory Restrictions: Specific geographical limitations and requirements for different territories
5. Competition Law Compliance: Specific provisions ensuring compliance with competition laws
1. Schedule 1: Licensed IP: Detailed description and specification of the intellectual property being licensed
2. Schedule 2: Royalty Calculations: Detailed breakdown of payment calculations, including royalty rates and minimum payments
3. Schedule 3: Technical Specifications: Technical details and requirements for using the licensed IP
4. Schedule 4: Quality Standards: Specific quality requirements, testing procedures, and monitoring processes
5. Schedule 5: Approved Sub-licensees: List of pre-approved sub-licensees (if applicable)
Relevant legal definitions
Agreement
Background IP
Commencement Date
Confidential Information
Effective Date
Foreground IP
Improvements
Initial Term
Intellectual Property Rights
Licensed IP
Licensed Products
Licensed Territory
Licence Fee
Licence Period
Net Sales
Patents
Purpose
Quality Standards
Registered Rights
Renewal Term
Royalties
Specifications
Sub-licence
Technical Information
Term
Territory
Trade Marks
Unregistered Rights
Working Day
Background IP
Commencement Date
Confidential Information
Effective Date
Foreground IP
Improvements
Initial Term
Intellectual Property Rights
Licensed IP
Licensed Products
Licensed Territory
Licence Fee
Licence Period
Net Sales
Patents
Purpose
Quality Standards
Registered Rights
Renewal Term
Royalties
Specifications
Sub-licence
Technical Information
Term
Territory
Trade Marks
Unregistered Rights
Working Day
Clauses
Definitions and Interpretation
Grant of Licence
Scope of Licence
Term and Termination
Payment and Royalties
Quality Control
Protection of IP Rights
Confidentiality
Warranties and Representations
Sub-licensing
Improvements
Record Keeping and Audit Rights
Indemnification
Force Majeure
Assignment and Transfer
Notice Requirements
Entire Agreement
Variation
Waiver
Severability
Third Party Rights
Further Assurance
Dispute Resolution
Governing Law and Jurisdiction
Execution
Territory Restrictions
Technical Support
Compliance with Laws
Insurance
Reporting Obligations
Grant of Licence
Scope of Licence
Term and Termination
Payment and Royalties
Quality Control
Protection of IP Rights
Confidentiality
Warranties and Representations
Sub-licensing
Improvements
Record Keeping and Audit Rights
Indemnification
Force Majeure
Assignment and Transfer
Notice Requirements
Entire Agreement
Variation
Waiver
Severability
Third Party Rights
Further Assurance
Dispute Resolution
Governing Law and Jurisdiction
Execution
Territory Restrictions
Technical Support
Compliance with Laws
Insurance
Reporting Obligations
Relevant Industries
Relevant Teams
Relevant Roles
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