The Intercompany License Agreement is essential for corporate groups seeking to formalize and regulate the internal licensing of intellectual property, technology, or other proprietary assets between affiliated companies. This document type is particularly relevant in Malta, which offers a sophisticated legal framework for both corporate and intellectual property matters, complemented by EU regulations. The agreement ensures compliance with transfer pricing requirements, maintains proper corporate governance, and protects intellectual property rights while facilitating efficient resource sharing within the group. It's commonly used when establishing new operations, reorganizing group structures, or implementing tax-efficient IP management strategies. The document includes detailed provisions for license scope, quality control, payment terms, and compliance with both Maltese and EU regulations.
Intercompany License Agreement for Malta
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Key Requirements PROMPT example:
Intercompany License Agreement
"I need an Intercompany License Agreement under Maltese law for licensing our proprietary software from our parent company to our newly established subsidiary in Germany, with implementation planned for March 2025 and including provisions for technical support and maintenance."
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1. Parties: Identification of the licensor and licensee companies, including registration details and registered offices
2. Background: Context of the agreement, relationship between the companies, and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope, nature (exclusive/non-exclusive), and territory of the license granted
5. License Fees and Payment Terms: Financial terms, payment schedule, and calculation methods for license fees
6. Intellectual Property Rights: Ownership, protection, and maintenance of the licensed IP
7. Quality Control: Standards and requirements for use of licensed material
8. Confidentiality: Protection of confidential information exchanged under the agreement
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Post-Termination Obligations: Obligations and rights of parties after agreement termination
11. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction
12. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Tax Provisions: Include when specific tax arrangements between the companies need to be addressed
2. Data Protection: Required when licensed materials or operations involve personal data processing
3. Sub-licensing Rights: Include when sub-licensing is permitted
4. Development Rights: Needed when licensee is permitted to develop or modify the licensed material
5. Competition Compliance: Include when license might raise competition law concerns
6. Export Control: Required when licensed material is subject to export control regulations
7. Group Company Rights: Include when license rights extend to other group companies
8. Change of Control: Include when license rights are affected by ownership changes
1. Schedule 1 - Licensed Material: Detailed description of the intellectual property being licensed
2. Schedule 2 - License Fee Calculation: Detailed methodology for calculating license fees
3. Schedule 3 - Technical Specifications: Technical details and requirements for using licensed material
4. Schedule 4 - Quality Control Procedures: Detailed quality control and monitoring procedures
5. Schedule 5 - Approved Sub-licensees: List of pre-approved sub-licensees if applicable
6. Appendix A - Form of Report: Template for required periodic reports
7. Appendix B - Brand Guidelines: Guidelines for usage of licensed brands or trademarks
8. Appendix C - Service Level Agreement: Technical support and service levels if applicable
Authors
Relevant legal definitions
Affiliate
Agreement
Applicable Law
Arm's Length Principle
Background IP
Business Day
Commencement Date
Confidential Information
Control
Effective Date
Force Majeure
Group
Group Company
Improvements
Initial Term
Intellectual Property Rights
License
Licensed Materials
Licensed Products
Licensed Technology
License Fees
Licensee
Licensor
Malta
Net Sales
Parent Company
Party/Parties
Personal Data
Quarter
Renewal Term
Royalty Rate
Subsidiary
Services
Specifications
Term
Territory
Third Party
Trade Marks
Transfer Pricing Rules
Working Hours
Agreement
Applicable Law
Arm's Length Principle
Background IP
Business Day
Commencement Date
Confidential Information
Control
Effective Date
Force Majeure
Group
Group Company
Improvements
Initial Term
Intellectual Property Rights
License
Licensed Materials
Licensed Products
Licensed Technology
License Fees
Licensee
Licensor
Malta
Net Sales
Parent Company
Party/Parties
Personal Data
Quarter
Renewal Term
Royalty Rate
Subsidiary
Services
Specifications
Term
Territory
Third Party
Trade Marks
Transfer Pricing Rules
Working Hours
Clauses
Grant of License
License Scope
Territory
Exclusivity
Sub-licensing
License Fees
Payment Terms
Intellectual Property Rights
Quality Control
Technical Support
Maintenance
Improvements
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term
Termination
Assignment
Audit Rights
Compliance
Transfer Pricing
Competition Law
Tax
Governing Law
Dispute Resolution
Notices
Entire Agreement
Amendment
Severability
Third Party Rights
Group Rights
Change of Control
Export Control
Record Keeping
Reporting
Brand Protection
Post-Termination Obligations
License Scope
Territory
Exclusivity
Sub-licensing
License Fees
Payment Terms
Intellectual Property Rights
Quality Control
Technical Support
Maintenance
Improvements
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term
Termination
Assignment
Audit Rights
Compliance
Transfer Pricing
Competition Law
Tax
Governing Law
Dispute Resolution
Notices
Entire Agreement
Amendment
Severability
Third Party Rights
Group Rights
Change of Control
Export Control
Record Keeping
Reporting
Brand Protection
Post-Termination Obligations
Relevant Industries
Technology
Manufacturing
Pharmaceuticals
Financial Services
Software Development
Media and Entertainment
Telecommunications
Consumer Goods
Professional Services
Healthcare
Retail
Energy
Automotive
Biotechnology
Relevant Teams
Legal
Intellectual Property
Finance
Tax
Compliance
Commercial
Business Development
Technology
Corporate Governance
Risk Management
Treasury
Strategy
Relevant Roles
Legal Counsel
Head of Legal
Intellectual Property Manager
Chief Legal Officer
Commercial Director
Chief Financial Officer
Tax Director
Licensing Manager
Corporate Secretary
Head of Compliance
Business Development Director
Chief Technology Officer
IP Rights Manager
Group General Counsel
Transfer Pricing Manager
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