This Non-Exclusive Patent License Agreement is designed for use in situations where a patent owner wishes to grant usage rights to their patented technology while retaining the ability to license the same technology to other parties. The document is specifically structured to comply with Austrian legal requirements and EU regulations, making it suitable for both domestic and international licensing arrangements within the EU context. It includes comprehensive provisions for protecting the interests of both licensor and licensee, covering aspects such as technology implementation, quality control, reporting requirements, and payment terms. This agreement type is particularly valuable in industries where widespread technology adoption is desired while maintaining control over the patent rights. The document incorporates necessary safeguards and compliance measures required under Austrian patent law, competition law, and relevant EU directives.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, including brief description of the patent(s) and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Patents', 'Territory', 'Field of Use', etc.
4. Grant of License: Explicit grant of non-exclusive license, defining scope, territory, and field of use restrictions
5. Payment Terms: License fees, royalties, payment schedule, currency, and payment methods
6. Licensor Obligations: Licensor's obligations including maintaining patent registrations and providing technical information
7. Licensee Obligations: Licensee's obligations including quality control, marking requirements, and reporting
8. Term and Termination: Duration of the agreement and grounds for termination
9. Intellectual Property Rights: Acknowledgment of IP ownership and handling of improvements
10. Confidentiality: Protection of confidential information exchanged under the agreement
11. Representations and Warranties: Basic warranties regarding patent ownership and right to license
12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
13. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Sublicensing Rights: Include when licensee is permitted to sublicense the patent rights to third parties
2. Quality Control: Include for licenses involving manufacturing where quality standards are crucial
3. Export Control: Include when licensed technology may be subject to export control regulations
4. Improvement Rights: Include when parties want to address rights to improvements made to the licensed technology
5. Technology Transfer: Include when technical assistance or know-how transfer is part of the agreement
6. Audit Rights: Include when licensor requires right to audit licensee's records or facilities
7. Insurance: Include when specific insurance coverage is required for the licensed activities
8. Competition Law Compliance: Include specific provisions ensuring compliance with EU competition law
1. Schedule A - Licensed Patents: Detailed list of licensed patents including registration numbers and countries
2. Schedule B - Technical Specifications: Technical details and specifications related to the licensed patents
3. Schedule C - Royalty Calculations: Detailed methodology for calculating royalties
4. Schedule D - Reporting Template: Template for periodic reports required from licensee
5. Schedule E - Quality Standards: Specific quality standards and testing requirements if applicable
6. Schedule F - Territory Definition: Detailed definition of geographic territories covered by the license
7. Appendix 1 - Contact Details: Key contacts for both parties for various purposes under the agreement
8. Appendix 2 - Approved Sublicensees: List of pre-approved sublicensees if sublicensing is permitted
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Telecommunications
Electronics
Automotive
Chemical Industry
Medical Devices
Software Development
Clean Energy
Industrial Engineering
Research and Development
Consumer Electronics
Relevant Teams
Legal
Intellectual Property
Research and Development
Business Development
Technology Transfer
Innovation
Commercial
Licensing
Patents
Corporate Development
Executive Leadership
Product Development
Relevant Roles
Intellectual Property Counsel
Patent Attorney
Legal Counsel
Chief Technology Officer
Licensing Manager
Business Development Director
Research Director
Innovation Manager
Chief Legal Officer
Technology Transfer Officer
IP Portfolio Manager
Commercial Director
Chief Executive Officer
Head of Research and Development
Patent Manager
Contracts Manager
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