Cross License Template for South Africa

A Cross License agreement under South African law is a complex legal instrument where two or more parties grant each other rights to use their respective intellectual property portfolios. This agreement is governed by South African intellectual property laws, including the Patents Act 57 of 1978, Trade Marks Act 194 of 1993, and Copyright Act 98 of 1978. It typically includes detailed provisions for the scope of licenses, technical requirements, quality control measures, and compliance with South African competition law. The agreement is particularly important in technology-intensive industries where companies need mutual access to protected intellectual property to develop and commercialize their products.

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What is a Cross License?

A Cross License agreement is essential in situations where two or more parties possess complementary intellectual property rights and wish to grant each other access to their respective IP portfolios. This type of agreement is particularly common in South Africa's technology and manufacturing sectors, where companies need to navigate complex patent landscapes. The agreement must comply with South African intellectual property laws and competition regulations, including the Patents Act 57 of 1978 and Competition Act 89 of 1998. It typically includes detailed specifications of the licensed intellectual property, technical requirements, quality control measures, and terms of use. Cross License agreements are especially valuable in industries with dense patent portfolios, where mutual access to protected technologies is necessary for product development and market competitiveness.

What sections should be included in a Cross License?

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement, including each party's ownership of relevant intellectual property and their desire to cross-license

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Grant of Rights: Mutual license grants, including scope, territory, and field of use restrictions

5. License Restrictions: Specific limitations on the use of licensed IP by each party

6. Technical Requirements: Technical specifications and standards that must be met by each party

7. Quality Control: Requirements for maintaining quality standards in the use of licensed IP

8. Intellectual Property Ownership: Confirmation of IP ownership and provisions regarding improvements

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

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

11. Post-Termination Obligations: Obligations that survive termination of the agreement

12. Warranties and Representations: Standard warranties regarding IP ownership and right to license

13. Indemnification: Mutual indemnification obligations for IP infringement claims

14. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and notices

What sections are optional to include in a Cross License?

1. Royalties and Payments: Required if the cross-license involves monetary compensation

2. Audit Rights: Include if there are royalty payments or usage restrictions that need monitoring

3. Source Code Escrow: Include for software cross-licenses where source code access may be needed

4. Performance Requirements: Include if specific performance metrics must be met by either party

5. Export Control: Required if the licensed technology is subject to export control regulations

6. Data Protection: Include if personal data will be processed under the agreement

7. Sub-licensing Rights: Include if either party needs the right to sub-license to affiliates or third parties

8. Manufacturing Standards: Include for cross-licenses involving manufacturing rights

9. Marketing and Branding: Include if the agreement involves trademark or brand usage rights

What schedules should be included in a Cross License?

1. Schedule A - Licensed Patents: Detailed list of patents being licensed by first party

2. Schedule B - Licensed Patents: Detailed list of patents being licensed by second party

3. Schedule C - Technical Specifications: Detailed technical requirements and standards

4. Schedule D - Quality Control Procedures: Specific quality control requirements and processes

5. Schedule E - Trademark Usage Guidelines: Guidelines for use of any licensed trademarks

6. Schedule F - Royalty Calculations: Method for calculating any applicable royalties

7. Schedule G - Approved Sub-licensees: List of pre-approved sub-licensees, if applicable

8. Appendix 1 - Notice Requirements: Contact details and procedures for formal notices

9. Appendix 2 - Compliance Requirements: Specific compliance requirements and reporting procedures

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

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use

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