Data As IP And Data License Agreements are essential legal instruments in today's data-driven economy, particularly within the Swiss legal framework. These agreements are used when organizations need to formally license data assets while protecting their intellectual property rights and ensuring compliance with Swiss data protection laws. They are crucial for businesses monetizing data assets, research institutions sharing valuable datasets, or organizations establishing data partnerships. The agreement typically includes comprehensive provisions on data usage rights, technical specifications, security requirements, and commercial terms, all aligned with Swiss federal laws including FADP, the Swiss Code of Obligations, and relevant IP legislation. This document type is particularly important given Switzerland's position as a global hub for innovation and data-intensive industries.
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1. Parties: Identification of the licensor and licensee with full legal entity details
2. Background: Context of the agreement, nature of the data, and business relationship
3. Definitions: Detailed definitions of key terms including Data, Licensed Rights, Intellectual Property Rights, etc.
4. Grant of License: Scope of the license, permitted uses, restrictions, and territory
5. License Fees and Payment Terms: Financial terms, payment schedule, and reporting requirements
6. Data Delivery and Format: Specifications for data delivery, format requirements, and technical standards
7. Data Protection and Security: Compliance with FADP, security measures, and data handling requirements
8. Quality and Accuracy: Data quality standards, accuracy warranties, and update procedures
9. Intellectual Property Rights: Ownership rights, IP warranties, and protection measures
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration, renewal terms, and termination rights
12. Warranties and Indemnities: Representations, warranties, and indemnification obligations
13. Limitation of Liability: Liability caps and exclusions under Swiss law
14. General Provisions: Standard boilerplate including governing law, jurisdiction, and notices
1. Audit Rights: Used when regular compliance monitoring is required for usage or revenue-based licensing
2. Data Updates and Maintenance: Include when ongoing data updates or maintenance services are part of the agreement
3. Sub-licensing Rights: Required when licensee needs rights to sub-license the data to third parties
4. Competition Law Compliance: Include for licenses that may have market impact or involve dominant market players
5. Export Control: Required when data transfer across borders is involved
6. Source Attribution: Include when licensor requires specific attribution for data usage
7. Service Levels: Used when specific performance metrics for data delivery or availability are required
1. Schedule 1 - Licensed Data Description: Detailed technical specification of the licensed data
2. Schedule 2 - License Fees: Detailed pricing structure and payment terms
3. Schedule 3 - Technical Requirements: Technical specifications for data delivery and integration
4. Schedule 4 - Security Requirements: Detailed security protocols and requirements
5. Schedule 5 - Service Levels: Specific metrics and standards for data delivery and quality
6. Appendix A - Authorized Users: List of authorized users or user categories if applicable
7. Appendix B - Approved Use Cases: Detailed description of permitted use cases for the licensed data
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Financial Services
Healthcare & Life Sciences
Research & Development
Artificial Intelligence & Machine Learning
Manufacturing
Retail & E-commerce
Telecommunications
Professional Services
Media & Entertainment
Education
Energy & Utilities
Transportation & Logistics
Relevant Teams
Legal
Data Protection
Information Technology
Information Security
Data Science
Research & Development
Business Development
Compliance
Intellectual Property
Commercial Operations
Risk Management
Privacy
Relevant Roles
Chief Data Officer
Data Protection Officer
Legal Counsel
IP Attorney
Commercial Director
Chief Technology Officer
Data Science Manager
Information Security Manager
Business Development Director
Compliance Officer
Privacy Manager
Contract Manager
Chief Information Officer
Research Director
Technology Licensing Manager
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