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Patent Sharing Agreement

Patent Sharing Agreement Template for Indonesia

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Key Requirements PROMPT example:

Patent Sharing Agreement

"I need a Patent Sharing Agreement for a joint venture between our Indonesian pharmaceutical company and a Japanese biotech firm, covering cross-licensing of drug delivery patents and including provisions for future improvements, with the agreement to commence on March 1, 2025."

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Document background
The Patent Sharing Agreement serves as a crucial legal instrument in Indonesia's intellectual property landscape, facilitating collaboration and innovation between various entities. This document is essential when multiple parties wish to share, commercialize, or jointly exploit patent rights while maintaining compliance with Indonesian legal requirements, particularly Law No. 13 of 2016 on Patents. It is commonly used in situations involving technology transfer, joint research and development projects, or strategic partnerships where patent rights need to be shared or cross-licensed. The agreement comprehensively addresses aspects such as scope of rights, territorial limitations, financial arrangements, and regulatory compliance, while incorporating specific requirements for technology transfer and foreign investment under Indonesian law.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including their legal status and registered addresses

2. Background: Context of the agreement, including brief description of the patents involved and the parties' intentions

3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms related to the patents

4. Subject Matter: Detailed description of the patents being shared, including registration numbers and jurisdictions

5. Grant of Rights: Specific rights being granted to each party regarding the use, exploitation, and commercialization of the patents

6. Term and Territory: Duration of the agreement and geographical scope of the patent sharing arrangement

7. Financial Terms: Payment obligations, royalties, and other financial arrangements between the parties

8. Maintenance and Prosecution: Responsibilities for maintaining the patents and prosecuting infringements

9. Representations and Warranties: Parties' assertions regarding ownership, validity, and right to license the patents

10. Confidentiality: Obligations regarding the protection of confidential information shared under the agreement

11. Termination: Circumstances under which the agreement may be terminated and the consequences of termination

12. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution mechanisms

13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Improvements: Terms regarding rights to improvements made to the shared patents, used when future developments are anticipated

2. Sub-licensing Rights: Terms governing the ability to sub-license the patents to third parties, included when sub-licensing is permitted

3. Quality Control: Standards and requirements for products made using the patents, included for manufacturing-related patents

4. Registration: Provisions regarding registration of the agreement with Indonesian authorities, required for certain types of patent sharing

5. Technology Transfer: Terms regarding technical assistance and knowledge transfer, included when technical support is part of the arrangement

6. Export Controls: Compliance with export control regulations, included when international trade is involved

7. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, included for agreements between competitors

Suggested Schedules

1. Schedule A - Patent Specifications: Detailed technical specifications and registration details of all patents covered by the agreement

2. Schedule B - Licensed Products: List and specifications of products that may be manufactured under the patent sharing arrangement

3. Schedule C - Financial Terms: Detailed breakdown of royalty calculations, payment terms, and other financial arrangements

4. Schedule D - Technical Standards: Technical requirements and quality standards for implementation of the patents

5. Schedule E - Registered Users: List of authorized users and entities permitted to use the patents

6. Appendix 1 - Patent Registration Certificates: Copies of official patent registration certificates

7. Appendix 2 - Technical Documentation: Supporting technical documentation and drawings related to the patents

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Effective Date
Patent Rights
Licensed Patents
Technical Information
Know-How
Improvements
Licensed Products
Licensed Territory
Net Sales
Royalties
Confidential Information
Intellectual Property Rights
Patent Applications
Field of Use
Background IP
Foreground IP
Commercial Exploitation
Technical Documentation
Implementation
Patent Registration
Technology Transfer
Affiliate
Control
Force Majeure
Governing Law
Licensed Technology
Patent Term
Regulatory Approvals
Sub-licensee
Technical Assistance
Working Day
Quarter
Year
Indonesian Patent Office
Improvement Patents
Patent Family
Priority Date
Prosecution
Related Rights
Specifications
Clauses
Definitions
Grant of Rights
License Scope
Territory
Term and Duration
Royalties
Payment Terms
Patent Maintenance
Quality Control
Confidentiality
Representations and Warranties
Patent Prosecution
Infringement
Technology Transfer
Sub-licensing
Records and Audits
Technical Assistance
Improvements
Non-Competition
Export Control
Regulatory Compliance
Force Majeure
Assignment
Termination
Dispute Resolution
Governing Law
Notices
Entire Agreement
Amendment
Severability
Waiver
Indemnification
Insurance
Registration Requirements
Performance Obligations
Title and Ownership
Technical Documentation
Competition Law Compliance
Intellectual Property Rights
Liability Limitations
Relevant Industries

Technology

Manufacturing

Pharmaceuticals

Biotechnology

Electronics

Automotive

Telecommunications

Chemical

Agriculture

Energy

Medical Devices

Software Development

Industrial Equipment

Consumer Products

Research and Development

Relevant Teams

Legal

Intellectual Property

Research and Development

Business Development

Technology Transfer

Innovation

Corporate Strategy

Licensing

Patents

Commercial

Relevant Roles

Intellectual Property Manager

Legal Counsel

Patent Attorney

Technology Transfer Officer

Research and Development Director

Chief Technology Officer

Innovation Manager

Licensing Manager

Business Development Director

Corporate Counsel

Patent Portfolio Manager

Chief Legal Officer

Technology Commercialization Manager

Head of Intellectual Property

Strategic Alliance Manager

Industries
Law No. 13 of 2016 on Patents: The primary patent law in Indonesia that governs patent rights, registration, licensing, and transfer of patent rights. This law provides the fundamental framework for patent protection and exploitation.
Law No. 29 of 2000 on Plant Variety Protection: Relevant when the patent sharing agreement involves agricultural or biotechnology patents related to plant varieties.
Law No. 25 of 2007 on Investment: Regulates foreign investment aspects and technology transfer requirements when patent sharing involves international parties.
Law No. 5 of 1999 on Anti-Monopoly and Unfair Business Competition: Ensures the patent sharing agreement doesn't create monopolistic practices or unfair business competition.
Indonesian Civil Code (KUHPerdata): Provides the basic framework for contract law and obligations between parties in Indonesia.
Government Regulation No. 36 of 2018 on Patent Registration: Details the procedural requirements for patent registration and recordation of patent licenses.
Minister of Law and Human Rights Regulation No. 8 of 2016: Specifies requirements for recording patent licensing agreements with the Directorate General of Intellectual Property.
Paris Convention for the Protection of Industrial Property: International treaty affecting patent rights and protection, which Indonesia has ratified.
Patent Cooperation Treaty (PCT): International patent law treaty that provides a unified procedure for patent filings, relevant for international patent sharing agreements.
Law No. 24 of 2019 on Creative Economy: Relevant when the patent sharing involves creative industry innovations and their commercial exploitation.
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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