A Patent Cross License agreement is essential when two companies possess patent portfolios that each party needs to access for their business operations. This document type is particularly relevant in technology-intensive industries where patent rights frequently overlap. Under Belgian law, the agreement must comply with both national IP legislation (Belgian Code of Economic Law - Book XI) and EU competition regulations. The document typically includes detailed schedules of licensed patents, technical fields, and any financial arrangements. It's commonly used to resolve potential patent disputes, facilitate technology access, and create strategic partnerships. The agreement should carefully consider Belgian contract law requirements for enforceability while ensuring compliance with EU competition law regarding technology transfer agreements.
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1. Parties: Identification of the contracting parties and their legal status
2. Background: Context of the agreement, including brief description of parties' patent portfolios and business relationship
3. Definitions: Definitions of key terms including Licensed Patents, Technical Field, Territory, and other specific terms
4. Grant of License: Mutual license grants, scope of rights, field of use, and territory restrictions
5. License Restrictions: Specific limitations on the license grants, including field restrictions and prohibited activities
6. Payment Terms: Financial arrangements, including any balancing payments, royalties, or other compensation
7. Technical Information and Support: Provisions regarding sharing of technical information and support obligations
8. Representations and Warranties: Patents validity, ownership, and right to license warranties
9. Confidentiality: Protection of confidential information exchanged under the agreement
10. Term and Termination: Duration of the agreement and termination rights
11. Post-Termination Obligations: Obligations surviving termination and wind-down provisions
12. Governing Law and Jurisdiction: Choice of law and dispute resolution mechanisms
1. Most Favored Licensee: Used when parties want to ensure they receive the best terms offered to other licensees
2. Patent Prosecution and Maintenance: Include when parties need to specify obligations regarding maintaining and prosecuting patents
3. Grant-Back Provisions: Used when parties want rights to improvements made by the other party
4. Export Control: Required when licensed technology is subject to export control regulations
5. Standards and Certification: Include when licensed patents relate to technical standards
6. Third Party Infringement: Used to address cooperation in enforcing patents against third parties
7. Change of Control: Include when parties want specific provisions regarding corporate changes
8. Patent Marking: Required when specific patent marking obligations need to be imposed
1. Schedule A - Licensed Patents: Detailed list of patents and patent applications covered by the agreement
2. Schedule B - Technical Fields: Detailed description of technical fields covered by the licenses
3. Schedule C - Technical Standards: List of relevant technical standards and specifications
4. Schedule D - Payment Terms: Detailed payment calculations, schedules, and reporting requirements
5. Schedule E - Compliance Requirements: Technical and quality requirements for licensed products
6. Appendix 1 - Patent Families: Grouping of patents by patent families
7. Appendix 2 - Affiliate List: List of affiliates covered by the agreement
8. Appendix 3 - Form of Reports: Ƶ for required technical and financial reports
Relevant legal definitions
Clauses
Relevant Industries
Technology
Telecommunications
Electronics Manufacturing
Automotive
Semiconductor
Industrial Manufacturing
Research & Development
Consumer Electronics
Medical Devices
Clean Technology
Relevant Teams
Legal
Intellectual Property
Research & Development
Technology Transfer
Business Development
Patents
Innovation
Corporate Development
Licensing
Technical Operations
Relevant Roles
Chief Technology Officer
Intellectual Property Counsel
Patent Attorney
Legal Director
Head of Research & Development
Licensing Manager
Chief Legal Officer
Technology Transfer Officer
Innovation Director
Patent Portfolio Manager
Business Development Director
Chief IP Officer
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