The Standard Licensing Agreement is a fundamental legal instrument used in Swiss business practice to facilitate the controlled use of intellectual property, technology, or other proprietary assets. This document type is essential when one party wishes to grant another the right to use specific assets while maintaining ownership and control over their intellectual property. The agreement, governed by Swiss law, incorporates provisions from the Swiss Code of Obligations and federal intellectual property legislation, making it particularly suitable for businesses operating in or through Switzerland. It's commonly used for software licensing, technology transfer, brand licensing, and various other commercial arrangements where intellectual property rights need to be properly licensed and protected. The document includes comprehensive terms covering usage rights, territorial restrictions, payment terms, quality control, and compliance requirements, tailored to meet both Swiss legal standards and international business practices.
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1. Parties: Identification and details of the licensor and licensee, including registered addresses and company details
2. Background: Context of the agreement, brief description of the licensed property, and parties' objectives
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope, nature (exclusive/non-exclusive), and territory of the license granted
5. License Fees and Payment Terms: Financial terms, payment schedule, currency, and payment methods
6. Duration and Term: Initial term, renewal provisions, and effective date of the agreement
7. Licensor's Obligations: Responsibilities of the licensor including delivery, support, and maintenance obligations
8. Licensee's Obligations: Responsibilities and restrictions on the licensee's use of the licensed property
9. Intellectual Property Rights: Ownership confirmation and protection of intellectual property rights
10. Warranties and Representations: Standard warranties regarding ownership, right to license, and non-infringement
11. Indemnification: Mutual indemnification obligations and procedures
12. Limitation of Liability: Caps on liability and exclusions in accordance with Swiss law
13. Confidentiality: Protection of confidential information exchanged during the agreement
14. Termination: Grounds for termination, notice requirements, and consequences of termination
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Quality Control: Required when licensing involves branded products or services requiring quality standards
2. Source Code Escrow: For software licensing agreements where source code protection is required
3. Data Protection: Required when licensed products involve processing of personal data
4. Training and Support: When ongoing technical support or training is part of the license arrangement
5. Sub-licensing Rights: When licensee is permitted to sub-license the licensed property
6. Improvements and Modifications: For agreements where either party may develop improvements to the licensed property
7. Export Control: For licenses involving international usage or technology transfer
8. Insurance: When specific insurance coverage is required for the licensed activities
9. Audit Rights: When licensor requires rights to audit licensee's use of licensed property
1. Schedule 1 - Licensed Property: Detailed description of the licensed property, including technical specifications
2. Schedule 2 - License Fees: Detailed breakdown of all fees, royalties, and payment structures
3. Schedule 3 - Technical Requirements: Technical specifications, system requirements, or compatibility requirements
4. Schedule 4 - Service Levels: Details of any service level commitments and support arrangements
5. Schedule 5 - Approved Sub-licensees: List of pre-approved sub-licensees if applicable
6. Appendix A - Usage Guidelines: Specific guidelines for using the licensed property
7. Appendix B - Reporting Templates: Standard forms for usage reporting or royalty calculations
8. Appendix C - Quality Control Standards: Detailed quality control requirements and procedures
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Manufacturing
Pharmaceuticals & Healthcare
Media & Entertainment
Telecommunications
Biotechnology
Consumer Goods
Industrial Equipment
Research & Development
Financial Services
Automotive
Electronics
Fashion & Luxury Goods
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Technology
Research & Development
Compliance
Finance
Operations
Product Development
Corporate Affairs
Strategy
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Director
Commercial Director
Business Development Manager
Chief Technology Officer
Contracts Manager
IP Rights Manager
General Counsel
Chief Legal Officer
Technology Transfer Officer
Patent Attorney
Corporate Lawyer
Compliance Officer
Commercial Manager
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