The Trademark Sublicense Agreement is essential in situations where a licensed trademark holder wishes to extend trademark usage rights to third parties in Indonesia. This document is particularly relevant when expanding brand presence through authorized dealers, manufacturers, or service providers in the Indonesian market. The agreement must comply with Indonesia's Law No. 20 of 2016 on Marks and Geographical Indications and related regulations, while also aligning with the terms of the original license agreement. It typically includes detailed provisions on quality control, royalty structures, territorial restrictions, and compliance requirements. The document is crucial for businesses implementing multi-tier licensing structures and requires careful consideration of both Indonesian intellectual property law and commercial objectives.
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1. Parties: Identification of all parties including the main licensee (as sublicensor) and sublicensee, with their full legal names and addresses
2. Background: Context of the agreement, including reference to the main license agreement and confirmation of the right to sublicense
3. Definitions: Definitions of key terms used throughout the agreement, including the Licensed Marks, Territory, and Permitted Use
4. Grant of Sublicense: Specific rights being granted, including scope, territory, and any limitations on use
5. Term and Termination: Duration of the sublicense and circumstances under which it may be terminated
6. Royalties and Payments: Financial terms including royalty rates, payment schedules, and reporting requirements
7. Quality Control: Standards and requirements for use of the trademark, including approval processes and inspection rights
8. Protection of the Marks: Obligations regarding trademark protection, including reporting infringement and cooperation in enforcement
9. Representations and Warranties: Standard warranties regarding authority to grant sublicense and trademark validity
10. Indemnification: Mutual indemnification provisions for trademark infringement and other claims
11. Confidentiality: Protection of confidential information exchanged during the agreement
12. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures
1. Manufacturing Standards: Detailed manufacturing requirements when sublicense includes product manufacturing rights
2. Marketing and Promotion: Specific requirements for marketing and promoting products/services under the licensed marks
3. Export Restrictions: Additional territorial restrictions for international sublicensing arrangements
4. Minimum Performance Requirements: Sales targets or other performance metrics required to maintain the sublicense
5. Sub-sublicensing Rights: Terms governing any permitted further sublicensing of the marks
6. Insurance Requirements: Specific insurance coverage requirements for high-risk or regulated industries
7. Local Registration: Requirements for local trademark registration or recorded user agreements in specific territories
1. Schedule A - Licensed Marks: Detailed list and images of all trademarks covered by the sublicense, including registration numbers
2. Schedule B - Products/Services: Comprehensive list of products or services for which the marks may be used
3. Schedule C - Quality Standards: Detailed quality control requirements and specifications
4. Schedule D - Royalty Calculations: Detailed methodology for calculating royalties and examples
5. Schedule E - Approved Form of Trademark Notice: Specific format and placement requirements for trademark notices
6. Appendix 1 - Main License Agreement: Copy or relevant excerpts of the main license agreement showing right to sublicense
7. Appendix 2 - Trademark Registrations: Copies of trademark registration certificates and renewal status
Relevant legal definitions
Clauses
Relevant Industries
Consumer Goods
Retail
Manufacturing
Fashion and Apparel
Food and Beverage
Technology
Pharmaceuticals
Automotive
Franchising
Hospitality
Electronics
Cosmetics
Luxury Goods
Sports and Entertainment
Professional Services
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Compliance
Brand Management
Corporate Affairs
Licensing
Risk Management
International Operations
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Director
Commercial Director
Brand Manager
Business Development Manager
Compliance Officer
Contract Administrator
Chief Legal Officer
Trademark Attorney
General Counsel
IP Rights Manager
Corporate Lawyer
Licensing Manager
Operations Director
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