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Sub License Agreement for Austria

Sub License Agreement Template for Austria

A Sub License Agreement under Austrian law is a legally binding contract where a licensee (sub-licensor) grants rights to a third party (sub-licensee) to use intellectual property that the licensee has originally licensed from the IP owner (main licensor). This agreement is governed by Austrian civil law, particularly the ABGB (Austrian Civil Code), and various intellectual property laws including the Patent Act, Trademark Act, and Copyright Act. The document establishes the terms and conditions for the sublicense, including scope, territory, payment terms, quality control measures, and compliance with the main license agreement's requirements.

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What is a Sub License Agreement?

A Sub License Agreement is utilized when a licensee of intellectual property rights wishes to grant some or all of their licensed rights to a third party, with the permission of the original IP owner. This document is crucial in technology transfer, franchise operations, and various commercial arrangements where IP rights need to be extended to additional parties. Under Austrian law, such agreements must comply with both the Austrian Civil Code (ABGB) and specific IP legislation, while also ensuring alignment with EU regulations and international IP conventions. The agreement typically includes detailed provisions on the scope of rights, territorial restrictions, quality control measures, payment terms, and mechanisms for protecting the interests of all parties involved, including the main licensor.

What sections should be included in a Sub License Agreement?

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

2. Background: Context of the agreement, including reference to the main license agreement and confirmation of right to sublicense

3. Definitions: Key terms used throughout the agreement, including definition of Licensed IP, Territory, and Field of Use

4. Grant of Sublicense: Scope of the sublicense, including any territorial or field-of-use restrictions

5. Sublicense Fees and Payment Terms: Financial terms, including royalties, payment schedule, and reporting requirements

6. Obligations of Sub-licensee: Key responsibilities including quality control, reporting, and compliance with main license terms

7. IP Protection and Maintenance: Provisions for protecting the licensed IP and reporting infringement

8. Representations and Warranties: Standard warranties regarding authority to grant sublicense and IP ownership

9. Term and Termination: Duration of agreement and circumstances allowing termination

10. Post-Termination Obligations: Actions required after agreement ends, including return of materials

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

12. General Provisions: Standard clauses including notices, assignment, and entire agreement

What sections are optional to include in a Sub License Agreement?

1. Quality Control: Detailed quality standards and inspection rights - required for trademark sublicenses

2. Improvements: Provisions dealing with improvements to the licensed IP - important for patent and technology sublicenses

3. Export Control: Required when licensed technology may be subject to export restrictions

4. Source Code Escrow: Relevant for software sublicenses to protect sub-licensee's interests

5. Marketing and Promotion: Required for trademark sublicenses with marketing obligations

6. Regulatory Compliance: Necessary for regulated industries or products

7. Main Licensor Rights: Special rights reserved for the main licensor - required if main license demands it

What schedules should be included in a Sub License Agreement?

1. Schedule 1 - Licensed IP: Detailed description of intellectual property being sublicensed

2. Schedule 2 - Territory: Detailed definition of geographical territory for sublicense

3. Schedule 3 - Royalty Calculations: Detailed methodology for calculating royalties and other payments

4. Schedule 4 - Technical Specifications: Technical requirements and standards for using the licensed IP

5. Schedule 5 - Main License Terms: Relevant excerpts from main license agreement that affect sublicense

6. Appendix A - Reporting Ƶ: Standard forms for required reports and notifications

7. Appendix B - Quality Standards: Detailed quality control requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions













































Clauses









































Relevant Industries

Technology

Software Development

Pharmaceuticals

Biotechnology

Manufacturing

Consumer Goods

Entertainment

Media

Telecommunications

Automotive

Fashion and Luxury Goods

Research and Development

Electronics

Relevant Teams

Legal

Intellectual Property

Business Development

Commercial

Research and Development

Technology

Compliance

Finance

Operations

Relevant Roles

Legal Counsel

Intellectual Property Manager

Licensing Director

Business Development Manager

Commercial Director

Chief Technology Officer

IP Rights Administrator

Contract Manager

Technology Transfer Officer

Innovation Manager

General Counsel

Compliance Officer

Research and Development Director

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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