Intellectual Property Licence for India

Intellectual Property Licence Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions under which intellectual property rights are licensed from one party (licensor) to another (licensee). The document addresses key aspects including license scope, territory, royalties, quality control, and compliance with Indian IP legislation such as the Patents Act 1970, Copyright Act 1957, and Trade Marks Act 1999. It includes provisions for IP protection, usage rights, payment terms, confidentiality, and dispute resolution within the Indian legal framework, while ensuring compliance with competition laws and regulatory requirements.

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What is a Intellectual Property Licence?

The Intellectual Property License Agreement is a crucial document used when one party wishes to grant another party the right to use their intellectual property while retaining ownership. This agreement is particularly important in the Indian context, where IP protection and enforcement are governed by specific legislation including the Patents Act 1970, Trade Marks Act 1999, and Copyright Act 1957. The document is essential for businesses engaging in technology transfer, brand licensing, software licensing, or any form of IP commercialization within India. It includes detailed provisions on license scope, territorial restrictions, quality control measures, royalty structures, and compliance with Indian regulatory requirements. The agreement helps protect IP rights while facilitating commercial exploitation, technology transfer, and business growth, all within the framework of Indian IP and contract law.

What sections should be included in a Intellectual Property Licence?

1. Parties: Identification of licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, ownership confirmation of the IP, and purpose of the license

3. Definitions: Detailed definitions of key terms including Licensed IP, Territory, Field of Use, and Technical Terms

4. Grant of License: Scope of license (exclusive/non-exclusive), permitted uses, and territory restrictions

5. License Fees and Royalties: Payment terms, calculation methods, and payment schedules

6. Protection of IP Rights: Obligations regarding IP protection, infringement reporting, and enforcement

7. Quality Control: Standards for IP usage and quality maintenance requirements

8. Representations and Warranties: Warranties regarding IP ownership, right to license, and non-infringement

9. Term and Termination: Duration, renewal terms, and termination circumstances

10. Confidentiality: Protection of confidential information exchanged during the license period

11. Indemnification: Indemnification obligations for IP infringement and other breaches

12. Governing Law and Jurisdiction: Specification of Indian law and jurisdiction for disputes

13. General Provisions: Standard boilerplate clauses including notices, assignment, and amendment procedures

What sections are optional to include in a Intellectual Property Licence?

1. Sub-licensing Rights: Include when licensee is permitted to sub-license the IP to third parties

2. Technology Transfer: Include when license involves transfer of technical knowledge or support

3. Export Control: Include for cross-border licenses requiring export compliance

4. Improvements: Include when parties anticipate improvements to the licensed IP

5. Source Code Escrow: Include for software licenses requiring code protection

6. Competition Compliance: Include when license terms could raise competition law concerns

7. Insurance: Include when specific insurance coverage is required for IP usage

8. Localization Requirements: Include when IP needs to be adapted for Indian market

9. Government Approvals: Include when license requires regulatory approvals

What schedules should be included in a Intellectual Property Licence?

1. Schedule A - Licensed IP: Detailed description of all IP being licensed including registration numbers

2. Schedule B - Technical Specifications: Technical details and standards for IP implementation

3. Schedule C - Royalty Calculations: Detailed methodology for calculating royalties and fees

4. Schedule D - Quality Control Standards: Specific quality requirements and testing procedures

5. Schedule E - Territory Definition: Detailed description of geographic scope and any restrictions

6. Schedule F - Approved Sub-licensees: List of pre-approved sub-licensees if applicable

7. Appendix 1 - Usage Guidelines: Guidelines for proper use of the licensed IP

8. Appendix 2 - Reporting Templates: Standard forms for usage reports and royalty calculations

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

India

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Clauses
Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Software Development

Entertainment

Media

Healthcare

Automotive

Electronics

Consumer Goods

Research & Development

Education

Telecommunications

Fashion

Retail

Energy

Agricultural Technology

Financial Services

Defense

Relevant Teams

Legal

Intellectual Property

Research and Development

Business Development

Finance

Operations

Compliance

Technology

Innovation

Strategy

Commercial

Corporate Development

Product Development

Risk Management

Information Technology

Relevant Roles

Legal Counsel

IP Attorney

Chief Legal Officer

Chief Technology Officer

Licensing Manager

Business Development Manager

Research Director

Innovation Manager

Commercial Director

Chief Executive Officer

Chief Financial Officer

Technology Transfer Officer

IP Portfolio Manager

Contract Manager

General Counsel

Research Scientist

Product Manager

Operations Director

Compliance Officer

Strategy Director

Industries
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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