The License Agreement For Use Of Brand Name is a crucial legal instrument in the Philippine business landscape, particularly vital for companies seeking to expand their market presence through brand licensing. This document is essential when a brand owner wishes to permit another entity to use their brand name while maintaining control over its representation and usage. It must comply with Philippine intellectual property laws, particularly the Intellectual Property Code (RA 8293), and includes detailed provisions on usage rights, quality standards, territorial limitations, and financial terms. The agreement is commonly used in various commercial contexts, from local business expansions to international brand entries into the Philippine market, and requires careful consideration of both parties' interests while ensuring adherence to local regulatory requirements.
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1. Parties: Identifies and provides full legal details of the Licensor and Licensee
2. Background: Establishes context, confirms Licensor's ownership of the brand, and outlines the parties' intentions
3. Definitions: Defines key terms used throughout the agreement, including 'Brand', 'Territory', 'Licensed Products', etc.
4. Grant of License: Specifies the nature and scope of the license (e.g., exclusive/non-exclusive, territory, permitted uses)
5. Term and Renewal: Defines the duration of the agreement and any renewal options
6. License Fees and Payment Terms: Details the financial terms, including royalties, minimum payments, and payment schedules
7. Quality Control: Sets standards for brand usage and product quality, including approval processes
8. Protection of the Brand: Outlines measures to maintain and protect the brand's integrity and IP rights
9. Representations and Warranties: States each party's assertions about their rights and capabilities
10. Termination: Specifies grounds and procedures for ending the agreement
11. Post-Termination Obligations: Details parties' obligations after agreement ends
12. General Provisions: Standard legal clauses including notices, governing law, etc.
1. Sub-Licensing Rights: Include when Licensee is permitted to grant sub-licenses
2. Marketing and Promotion: Include when specific marketing requirements or restrictions apply
3. Minimum Performance Requirements: Include when setting specific sales or performance targets
4. Export Restrictions: Include when there are limitations on international sales
5. Training and Support: Include when Licensor provides operational support
6. Change of Control: Include when agreement needs to address ownership changes
7. Insurance Requirements: Include when specific insurance coverage is required
1. Schedule 1 - Brand Specifications: Detailed specifications of the licensed brand, including logos, marks, and usage guidelines
2. Schedule 2 - Licensed Products: Comprehensive list of products/services covered by the license
3. Schedule 3 - Territory Definition: Detailed description of geographic areas where license applies
4. Schedule 4 - Quality Standards: Specific quality control requirements and procedures
5. Schedule 5 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
6. Schedule 6 - Approval Procedures: Step-by-step procedures for obtaining approvals for brand usage
7. Appendix A - Brand Style Guide: Visual and technical guidelines for brand usage
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