This document template serves as a comprehensive framework for establishing Exclusive and Non-Exclusive License agreements under German law. It is particularly useful when intellectual property owners wish to grant rights to other parties while maintaining different levels of exclusivity in different territories or fields of use. The template incorporates essential elements required by German civil law (BGB) and commercial law (HGB), including specific provisions for competition law compliance. It's designed to be adaptable for various types of intellectual property, including patents, trademarks, copyright, and know-how. The document includes provisions for quality control, payment structures, and enforcement mechanisms, making it suitable for both domestic German market use and international licensing arrangements where German law is chosen as the governing law.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the licensed property
3. Definitions: Key terms used throughout the agreement including Licensed Property, Territory, Field of Use
4. Grant of License: Detailed terms of license grant, specifying exclusive and non-exclusive rights and their scope
5. Territory and Field of Use: Geographic regions and specific applications where the license applies
6. License Fees and Payment Terms: Financial terms including royalties, minimum payments, and payment schedule
7. Protection and Enforcement of Rights: Obligations regarding IP protection and enforcement procedures
8. Quality Control: Standards and requirements for use of licensed property
9. Representations and Warranties: Statements of fact and promises by both parties
10. Term and Termination: Duration of agreement and circumstances for termination
11. Confidentiality: Protection of confidential information exchanged during the agreement
12. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Sublicensing Rights: Terms for granting sublicenses, if permitted
2. Improvements: Rights and obligations regarding improvements to the licensed property
3. Source Code Escrow: For software licenses, terms for source code protection
4. Competition Restrictions: Non-compete clauses and market restrictions
5. Training and Support: Terms for technical support and training provision
6. Export Control: Compliance with international trade regulations
7. Data Protection: GDPR compliance and data handling requirements
8. Insurance: Required insurance coverage and terms
1. Schedule 1 - Licensed Property: Detailed description of intellectual property being licensed
2. Schedule 2 - Technical Specifications: Technical details and requirements for licensed property
3. Schedule 3 - Quality Standards: Specific quality control requirements and procedures
4. Schedule 4 - Royalty Calculations: Detailed methodology for calculating royalties
5. Schedule 5 - Approved Sub-licensees: List of pre-approved sub-licensees if applicable
6. Schedule 6 - Territory Restrictions: Detailed breakdown of territorial rights and restrictions
7. Appendix A - Form of Quarterly Report: Template for required periodic reporting
8. Appendix B - Brand Guidelines: Guidelines for use of licensed trademarks or branding
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Manufacturing
Pharmaceuticals
Biotechnology
Consumer Goods
Entertainment
Media
Automotive
Research & Development
Education
Telecommunications
Fashion & Retail
Industrial Engineering
Relevant Teams
Legal
Intellectual Property
Business Development
Research and Development
Technology Transfer
Commercial
Innovation
Compliance
Corporate Development
Licensing Operations
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Director
Business Development Manager
Chief Technology Officer
Research Director
Innovation Manager
Contract Manager
Chief Executive Officer
Head of Legal
Patent Attorney
Commercial Director
Technology Transfer Officer
General Counsel
IP Commercialization Manager
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