Non Exclusive Royalty License for Malta

Non Exclusive Royalty License Template for Malta

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Non Exclusive Royalty License

"I need a Non Exclusive Royalty License agreement governed by Maltese law for licensing our proprietary software to multiple European customers, with quarterly royalty payments of 8% of net sales and a minimum annual royalty of €50,000."

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What is a Non Exclusive Royalty License?

This document is essential for businesses and individuals looking to monetize their intellectual property while maintaining control and the ability to license to multiple users. A Non-Exclusive Royalty License agreement under Maltese law is particularly relevant in situations where the IP owner wishes to maximize commercial opportunities by allowing multiple licensees to exploit the same intellectual property rights simultaneously. The agreement's structure complies with Malta's legal framework, including the Copyright Act (Chapter 415) and Commercial Code (Chapter 13), making it suitable for both domestic and international licensing arrangements. It includes comprehensive provisions for royalty calculations, payment terms, quality control, and reporting requirements, while ensuring compliance with Maltese competition laws and EU regulations. This type of agreement is commonly used in technology licensing, content distribution, manufacturing, and various other commercial applications where non-exclusive exploitation rights are preferred.

What sections should be included in a Non Exclusive Royalty License?

1. Parties: Identification of the Licensor and Licensee with full legal names and registered addresses

2. Background: Context of the agreement, description of the intellectual property being licensed, and the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Property', 'Territory', 'Royalties', etc.

4. Grant of License: Specific terms of the non-exclusive license grant, including scope, territory, and permitted uses

5. Term and Termination: Duration of the license and circumstances under which it can be terminated

6. Royalties: Detailed royalty calculation method, payment terms, reporting requirements, and audit rights

7. Intellectual Property Rights: Confirmation of ownership rights, protection obligations, and handling of improvements

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

9. Liability and Indemnification: Limitation of liability provisions and mutual indemnification obligations

10. Confidentiality: Obligations regarding confidential information exchanged during the license relationship

11. General Provisions: Standard boilerplate clauses including notices, assignment, entire agreement, and governing law

What sections are optional to include in a Non Exclusive Royalty License?

1. Quality Control: Required when the licensed property needs to maintain certain quality standards in its implementation

2. Sub-licensing Rights: Include when the Licensee may be granted the right to sub-license

3. Marketing and Promotion: Include when specific marketing obligations or restrictions apply to the use of the licensed property

4. Source Code Escrow: Required for software licenses where source code access may be needed under certain conditions

5. Export Control: Include when the licensed property may be subject to international export regulations

6. Technical Support: Include when the license includes technical support or maintenance obligations

7. Competition Compliance: Required when there are specific competition law concerns in the relevant market

What schedules should be included in a Non Exclusive Royalty License?

1. Schedule 1 - Licensed Property: Detailed description of the intellectual property being licensed

2. Schedule 2 - Royalty Calculations: Detailed formula and examples of royalty calculations

3. Schedule 3 - Reporting Template: Template for regular royalty reports

4. Schedule 4 - Technical Specifications: Technical requirements and specifications for use of the licensed property

5. Schedule 5 - Territory Definition: Detailed description of the geographic or market territory covered by the license

6. Appendix A - Quality Control Standards: Specific quality control requirements and procedures

7. Appendix B - Approved Sub-licensees: List of pre-approved sub-licensees, if applicable

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology & Software

Media & Entertainment

Manufacturing

Pharmaceuticals & Biotechnology

Consumer Goods

Research & Development

Telecommunications

Gaming & Interactive Entertainment

Fashion & Retail

Industrial Design

Relevant Teams

Legal

Intellectual Property

Business Development

Research & Development

Commercial Operations

Licensing

Corporate Affairs

Technology Transfer

Product Development

Compliance

Relevant Roles

Intellectual Property Manager

Legal Counsel

Licensing Director

Commercial Director

Business Development Manager

Chief Technology Officer

Head of Research & Development

Contracts Manager

Chief Legal Officer

Intellectual Property Counsel

Technology Transfer Officer

Commercialization Manager

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