The Intellectual Property Rights Agreement is essential for businesses and individuals operating in Indonesia who need to protect, transfer, or license intellectual property rights. This document is particularly crucial given Indonesia's specific regulatory requirements and its participation in international IP treaties. It's commonly used when establishing ownership of IP assets, licensing rights to third parties, transferring technology, or protecting trade secrets. The agreement must comply with various Indonesian regulations including the Creative Economy Law, Patent Law, Copyright Law, and Trade Secret Law, while also considering international IP protection standards. It's particularly important for foreign companies entering the Indonesian market, local companies protecting their innovations, and any parties involved in IP-related transactions within Indonesian jurisdiction.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration numbers
2. Background: Context of the agreement, relationship between parties, and general purpose
3. Definitions: Detailed definitions of key terms, including specific IP assets, technical terms, and legal concepts
4. Scope of Intellectual Property Rights: Comprehensive description of all IP covered by the agreement
5. Ownership and Assignment: Clear statement of IP ownership and any transfer of rights
6. License Grants: Terms and conditions of any IP licenses, including scope, territory, and duration
7. Registration and Protection: Obligations regarding IP registration and maintenance in Indonesia
8. Confidentiality: Protection of confidential information and trade secrets
9. Representations and Warranties: Parties' warranties regarding IP ownership, non-infringement, and authority to contract
10. Payment Terms: Financial arrangements, including royalties, fees, and payment schedules
11. Term and Termination: Duration of agreement and termination provisions
12. Post-Termination Obligations: Obligations that survive agreement termination
13. Dispute Resolution: Procedures for resolving disputes under Indonesian law
14. General Provisions: Standard clauses including notices, amendments, and governing law
1. Technology Transfer: Required when agreement involves transfer of technology to Indonesian entities, including compliance with technology transfer regulations
2. Development and Improvements: Include when parties will be creating new IP or improvements to existing IP
3. Quality Control: Required for trademark licenses to maintain brand standards
4. Export Controls: Include when IP involves regulated technology or international transfer restrictions
5. Government Approvals: Required when agreement needs specific regulatory approvals
6. Source Code Escrow: Include for software-related IP to ensure code access under specified conditions
7. Moral Rights: Required for agreements involving copyrighted works where authors have moral rights
8. Competition Law Compliance: Include when IP agreement might impact market competition
1. Schedule A - IP Assets Register: Detailed list and description of all IP assets covered by the agreement
2. Schedule B - Licensed Products: Specific products or services covered by any license grants
3. Schedule C - Technical Specifications: Technical details of IP, particularly for patents or software
4. Schedule D - Quality Standards: Quality requirements and specifications for licensed IP use
5. Schedule E - Royalty Calculations: Detailed methodology for calculating royalties or other payments
6. Schedule F - Registered IP: List of all registered IP with registration numbers and jurisdictions
7. Appendix 1 - Form of Technology Transfer Report: Template for required technology transfer reporting to Indonesian authorities
8. Appendix 2 - Approved Sub-licensees: List of pre-approved sub-licensees if applicable
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