Sublicensable License for Malta

Sublicensable License Template for Malta

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Sublicensable License

"I need a Sublicensable License agreement under Maltese law for a software product, allowing our company to license our AI-powered analytics platform to enterprise clients who can then sublicense it to their subsidiaries within the EU, with the agreement to take effect from March 1, 2025."

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What is a Sublicensable License?

The Sublicensable License agreement is a sophisticated legal instrument used when an organization wishes to obtain rights to intellectual property with the additional capability to grant those rights to third parties. This type of agreement is particularly relevant in Malta's growing technology and gaming sectors, where businesses often need to cascade licensing rights through their commercial networks. The document addresses key aspects required under Maltese law, including detailed provisions for IP protection, quality control, and commercial terms. It is commonly used in scenarios involving software distribution, technology transfer, franchise arrangements, or any situation where a business model relies on the ability to redistribute licensed rights. The agreement must comply with Malta's legal framework, particularly the Copyright Act (Chapter 415) and other relevant IP legislation, while providing clear mechanisms for managing both direct licensing and sublicensing relationships.

What sections should be included in a Sublicensable License?

1. Parties: Identification of the licensor and licensee, including full legal names and registered addresses

2. Background: Context of the agreement, ownership of the licensed IP, and purpose of the licensing arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Grant of License: Scope of the license, including rights to sublicense, territories covered, and any restrictions

5. Sublicensing Rights: Specific terms and conditions for sublicensing, including approval processes and restrictions

6. License Fees and Payment Terms: Financial terms, including license fees, royalties, payment schedules, and reporting requirements

7. Intellectual Property Rights: Ownership, protection, and maintenance of IP rights

8. Quality Control: Standards and requirements for use of licensed material

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

10. Term and Termination: Duration of the agreement, renewal provisions, and termination rights

11. Confidentiality: Protection of confidential information exchanged under the agreement

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

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

What sections are optional to include in a Sublicensable License?

1. Territory Restrictions: Used when the license is limited to specific geographic regions

2. Technical Support: Include when the license includes technical support or maintenance services

3. Data Protection: Required when the licensed material involves processing personal data

4. Source Code Escrow: For software licenses where source code protection is required

5. Change Control: When licensed material may need updates or modifications

6. Export Control: For licenses involving international transfer of technology

7. Marketing and Promotion: When the agreement includes terms about marketing the licensed material

8. Training: When the licensor must provide training for using licensed material

9. Audit Rights: For complex licensing arrangements requiring compliance verification

What schedules should be included in a Sublicensable License?

1. Schedule 1 - Licensed Material: Detailed description of the IP being licensed

2. Schedule 2 - Technical Specifications: Technical details and requirements for the licensed material

3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

4. Schedule 4 - Quality Standards: Specific quality control requirements and procedures

5. Schedule 5 - Approved Sublicensees: List of pre-approved sublicensees if any

6. Schedule 6 - Territory Map: Detailed description or map of licensed territories if geographically restricted

7. Schedule 7 - Support Services: Details of any technical support or maintenance services

8. Appendix A - Reporting Templates: Standard forms for required reporting under the agreement

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

Relevant legal definitions
Clauses
Relevant Industries

Technology & Software

Telecommunications

Media & Entertainment

Pharmaceutical & Biotechnology

Manufacturing

Research & Development

Consumer Products

Financial Services

Gaming & iGaming

Professional Services

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Technology

Compliance

Operations

Finance

Research & Development

Product Management

Relevant Roles

Chief Legal Officer

IP Counsel

Licensing Manager

Commercial Director

Chief Technology Officer

Business Development Manager

Contract Manager

Legal Counsel

IP Portfolio Manager

Compliance Officer

Technology Transfer Officer

General Counsel

Head of Partnerships

Chief Commercial Officer

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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