The Intellectual Property Agreement serves as a crucial legal instrument in Indonesia's growing innovation and technology sector. It is typically used when parties need to establish clear terms for the transfer, licensing, or protection of intellectual property rights, including patents, trademarks, copyrights, and trade secrets. The document is essential in scenarios ranging from technology transfers and software licensing to research collaborations and creative works protection. Governed by Indonesian law, particularly the suite of IP legislation including Copyright Law No. 28 of 2014 and Patent Law No. 13 of 2016, this agreement ensures proper protection of IP rights while facilitating commercial transactions. It's particularly relevant given Indonesia's increasing focus on digital transformation and creative economy development, as outlined in Law No. 24 of 2019 on Creative Economy.
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1. Parties: Identification and details of the contracting parties, including registration numbers for companies
2. Background: Context of the agreement, relationship between parties, and purpose of the IP arrangement
3. Definitions: Detailed definitions of technical terms, IP-related concepts, and other key terms used in the agreement
4. Scope of Intellectual Property: Comprehensive description of all IP covered by the agreement
5. Grant of Rights: Specific rights being granted, including usage, modification, and commercialization rights
6. Term and Termination: Duration of the agreement and circumstances for termination
7. Payment Terms: Financial arrangements, including royalties, licensing fees, and payment schedules
8. Protection of IP Rights: Obligations regarding IP protection, registration, and maintenance
9. Confidentiality: Provisions for protecting confidential information and trade secrets
10. Warranties and Representations: Guarantees regarding IP ownership, right to license, and non-infringement
11. Infringement: Procedures for dealing with third-party infringement and infringement claims
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Development of New IP: Include when parties will be jointly developing new IP, defining ownership and rights
2. International Protection: Include when IP protection in multiple jurisdictions is relevant
3. Quality Control: Include for trademark licenses or when IP usage standards need to be maintained
4. Sub-licensing Rights: Include when sub-licensing is permitted, specifying conditions and limitations
5. Technology Transfer: Include when agreement involves transfer of technical knowledge or know-how
6. Moral Rights: Include for copyright-heavy agreements, especially involving creative works
7. Source Code Escrow: Include for software-related IP agreements
8. Training and Support: Include when technical training or ongoing support is part of the IP transfer
1. Schedule A - IP Description: Detailed technical description of all IP covered by the agreement
2. Schedule B - Registered IP: List of all registered IP including registration numbers and jurisdictions
3. Schedule C - Payment Terms: Detailed payment schedules, royalty calculations, and financial terms
4. Schedule D - Technical Specifications: Technical details and specifications of the IP, especially for patents or software
5. Schedule E - Quality Standards: Standards and specifications for IP usage and implementation
6. Appendix 1 - IP Usage Guidelines: Guidelines and requirements for proper use of the IP
7. Appendix 2 - Approval Procedures: Procedures for obtaining approval for IP usage or modifications
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Research & Development
Education
Creative Industries
Pharmaceuticals
Software Development
Entertainment
Biotechnology
Consumer Goods
Industrial Design
Digital Media
Telecommunications
Relevant Teams
Legal
Intellectual Property
Research and Development
Innovation
Business Development
Technology
Compliance
Product Development
Corporate Strategy
Operations
Relevant Roles
Legal Counsel
Intellectual Property Manager
Research Director
Chief Technology Officer
Innovation Manager
Business Development Director
Licensing Manager
Patent Attorney
General Counsel
Chief Executive Officer
Research Scientist
Product Development Manager
Technology Transfer Officer
Creative Director
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