A Brand Licence Agreement is essential when a brand owner wishes to permit another entity to use their brand assets while maintaining control over their intellectual property. This document, governed by English and Welsh law, establishes the framework for brand usage, including quality standards, territory restrictions, and commercial terms. It's particularly relevant in scenarios involving merchandise licensing, franchise operations, or brand extensions. The agreement ensures compliance with UK trademark law while protecting the brand owner's rights and maintaining brand integrity.
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1. Parties: Identification of licensor and licensee with full legal details
2. Background: Context of the agreement, ownership of brand rights, and purpose of licence
3. Definitions: Key terms used throughout the agreement including Licensed Marks, Territory, Term
4. Grant of Licence: Scope and nature of licence (exclusive/non-exclusive), permitted uses, territory
5. Quality Control: Standards, approval processes, and inspection rights
6. Payment Terms: Royalties, payment schedules, reporting requirements
7. Protection of IP Rights: Maintenance of registrations, infringement procedures
8. Term and Termination: Duration, renewal options, termination rights
9. Boilerplate Clauses: Standard legal provisions including governing law, notices, assignment
1. Sub-licensing Rights: Terms for sub-licensing when licensee needs to appoint sub-licensees. Include when sub-licensing is permitted.
2. Minimum Performance Requirements: Sales targets and minimum royalties. Include for performance-based licences.
3. Marketing Obligations: Marketing commitments and approval processes. Include when specific marketing requirements exist.
4. Distribution Requirements: Channel restrictions and territory-specific requirements. Include for retail/distribution focused licences.
1. Schedule 1 - Licensed Marks: Details and images of all licensed trademarks and brand assets
2. Schedule 2 - Licensed Products/Services: Specific products or services covered by the licence
3. Schedule 3 - Quality Standards: Detailed quality requirements and specifications
4. Schedule 4 - Royalty Calculations: Detailed royalty rates and calculation methods
5. Schedule 5 - Brand Guidelines: Technical specifications for brand usage
6. Schedule 6 - Approval Procedures: Detailed processes for obtaining licensor approvals
Relevant legal definitions
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