A Patent Cross License agreement is essential when two or more organizations wish to share access to their respective patent portfolios while operating in Indonesia. This document type is particularly relevant when companies have complementary technological assets or wish to avoid potential patent disputes. The agreement, governed by Indonesian law, must comply with Law No. 13 of 2016 on Patents and related regulations, including requirements for recording the license with the Directorate General of Intellectual Property. It typically includes detailed specifications of licensed patents, territorial scope, technical fields, and provisions for future developments. This type of agreement is commonly used in technology-intensive industries where patent rights are crucial for business operations and innovation.
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1. Parties: Identification of the contracting parties and their registered addresses
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', 'Field of Use', 'Technical Information', 'Effective Date', and other relevant terms
4. Grant of License: Detailed description of the patent rights being licensed by each party to the other
5. Scope of License: Specifics of license scope, including field of use restrictions, territorial limitations, and sublicensing rights
6. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
7. Representations and Warranties: Each party's assertions regarding patent ownership, right to license, and validity
8. Confidentiality: Provisions for protecting confidential information exchanged under the agreement
9. Infringement: Procedures for handling third-party infringement and infringement claims
10. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution mechanisms
11. General Provisions: Standard boilerplate clauses including notices, assignment, and amendment procedures
1. Financial Terms: Include when there are royalties or other financial compensation involved in the cross-license
2. Quality Control: Include when licensed patents are used in consumer products requiring quality standards
3. Technology Transfer: Include when technical assistance or know-how transfer is part of the agreement
4. Improvements: Include when parties want to address rights to future improvements of licensed patents
5. Export Control: Include when technology transfer may be subject to export control regulations
6. Most Favored Licensee: Include when parties want to ensure they receive the best terms offered to other licensees
7. Marking Requirements: Include when products need to be marked with patent numbers or notices
1. Schedule A - Licensed Patents: List of specific patents and patent applications covered by the agreement for first party
2. Schedule B - Licensed Patents: List of specific patents and patent applications covered by the agreement for second party
3. Schedule C - Technical Fields: Detailed description of technical fields or applications covered by the license
4. Schedule D - Territory: Specific geographical territories where the license applies
5. Schedule E - Standard Forms: Standard forms for reporting, notifications, or other required communications
6. Appendix 1 - Patent Marking Requirements: Specific requirements for marking products with patent information
7. Appendix 2 - Technical Standards: Technical standards and specifications that must be maintained in licensed products
Relevant legal definitions
Clauses
Relevant Industries
Technology
Telecommunications
Electronics
Automotive
Manufacturing
Semiconductor
Software Development
Biotechnology
Pharmaceuticals
Research & Development
Industrial Engineering
Consumer Electronics
Relevant Teams
Legal
Intellectual Property
Research & Development
Technology Transfer
Business Development
Patents
Innovation
Technical Operations
Regulatory Affairs
Corporate Strategy
Relevant Roles
Intellectual Property Counsel
Patent Attorney
Legal Director
Chief Technology Officer
Head of Research & Development
Licensing Manager
IP Portfolio Manager
Chief Legal Officer
Technology Transfer Officer
Innovation Director
Patent Engineer
Corporate Counsel
Business Development Manager
Technical Director
Regulatory Compliance Officer
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