The Intellectual Property Partnership Agreement is essential for organizations seeking to collaborate on IP development, sharing, or commercialization in Indonesia. This document is particularly crucial when two or more parties wish to pool their intellectual property resources, develop new IP jointly, or establish a framework for IP commercialization. It must comply with Indonesian IP laws, including specific requirements for technology transfer, IP registration, and licensing under various regulations such as Law No. 13 of 2016 on Patents and Government Regulation No. 36 of 2018. The agreement is commonly used in research collaborations, technology joint ventures, and cross-industry partnerships where IP protection and clear ownership structures are vital. It includes comprehensive provisions for IP management, confidentiality, commercialization rights, and dispute resolution, all tailored to meet Indonesian legal requirements and business practices.
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1. Parties: Identification of all parties entering into the agreement, including their legal status and registered addresses
2. Background: Context of the partnership, existing IP ownership, and general objectives of the collaboration
3. Definitions: Detailed definitions of technical terms, IP categories, and key concepts used throughout the agreement
4. Partnership Structure: Legal form of partnership, ownership percentages, and governance structure
5. Intellectual Property Contributions: Detailed description of IP assets being contributed by each party
6. Ownership of IP: Clear designation of pre-existing IP ownership and rules for newly developed IP
7. License Grants: Specific terms of IP licensing between partners, including scope, territory, and duration
8. Development of New IP: Process for creating, protecting, and managing newly developed IP within the partnership
9. Confidentiality: Protection of trade secrets and confidential information shared within the partnership
10. Commercial Terms: Financial arrangements, revenue sharing, and commercialization rights
11. Compliance and Registration: Requirements for IP registration and compliance with Indonesian regulations
12. Term and Termination: Duration of agreement and circumstances for termination
13. Post-Termination Rights: Handling of IP rights and obligations after partnership ends
14. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution mechanisms
1. Technology Transfer Provisions: Required when the partnership involves transfer of technology between parties or across borders
2. Academic Institution Provisions: Specific terms when one partner is an academic institution, including publication rights
3. Export Control: Required when IP or technology is subject to export control regulations
4. Government Rights: Necessary when IP was developed with government funding or involves government rights
5. Translations: Required when partners operate in different languages, specifying the controlling language version
6. Joint Marketing: Optional provisions for joint marketing and branding efforts
7. Personnel Exchange: Terms for exchange of personnel between partners for IP development
8. Competition Restrictions: Non-compete and market restriction provisions where legally permissible
1. Schedule A - Background IP: Detailed list and description of all pre-existing IP brought into the partnership
2. Schedule B - Licensed IP: Specific IP assets being licensed between partners and their terms
3. Schedule C - IP Development Plan: Timeline and milestones for development of new IP
4. Schedule D - Revenue Sharing Model: Detailed financial calculations and revenue distribution mechanisms
5. Schedule E - Governance Procedures: Specific procedures for IP-related decision making
6. Appendix 1 - IP Registration Details: Current status of IP registrations and protection in relevant jurisdictions
7. Appendix 2 - Compliance Checklist: Checklist of regulatory requirements and compliance measures
8. Appendix 3 - Contact Details: Key contacts for IP management and partnership coordination
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Research & Development
Pharmaceuticals
Biotechnology
Manufacturing
Software Development
Industrial Design
Education
Healthcare
Telecommunications
Automotive
Consumer Electronics
Relevant Teams
Legal
Research & Development
Intellectual Property
Innovation
Business Development
Technology Transfer
Corporate Strategy
Commercial Operations
Regulatory Affairs
Scientific Affairs
Relevant Roles
Chief Technology Officer
Intellectual Property Counsel
Research Director
Innovation Manager
Legal Counsel
Business Development Director
Patent Attorney
Technology Transfer Officer
R&D Manager
Commercial Director
Chief Legal Officer
Partnership Manager
Head of Innovation
IP Portfolio Manager
Research Scientist
Technology Licensing Manager
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