The License To Use Intellectual Property agreement is a crucial document for businesses operating in Indonesia who wish to legally use or commercialize another party's intellectual property rights. This agreement is particularly relevant in the context of Indonesia's growing technology and creative sectors, where IP licensing is becoming increasingly important. The document ensures compliance with Indonesian IP laws, including the Copyright Law (UU 28/2014), Patent Law (UU 13/2016), and related regulations. It covers essential elements such as scope of license, territory restrictions, payment terms, quality control measures, and technology transfer requirements. The agreement is designed to protect both the licensor's IP rights and the licensee's interests while ensuring adherence to local regulatory requirements, including mandatory registration with the Directorate General of Intellectual Property.
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1. Parties: Identification of the Licensor and Licensee, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, description of the intellectual property, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Licensed IP', 'Territory', and 'Term'
4. Grant of License: Specific rights being granted, including type of license (exclusive/non-exclusive), scope, and permitted uses
5. Term and Termination: Duration of the license, renewal provisions, and circumstances for termination
6. License Fees and Payment Terms: Details of licensing fees, royalties, payment schedule, and calculation methods
7. Intellectual Property Rights: Confirmation of ownership, protection of IP rights, and handling of improvements or modifications
8. Warranties and Representations: Warranties regarding IP ownership, right to license, and non-infringement
9. Confidentiality: Obligations to maintain confidentiality of sensitive information exchanged
10. Indemnification: Provisions for indemnification in case of IP infringement claims or breaches
11. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution mechanisms
12. General Provisions: Standard clauses including notices, assignment, entire agreement, and amendments
1. Quality Control: Required when licensing trademarks or where product quality standards need to be maintained
2. Sublicensing Rights: Include when sublicensing is permitted, specifying conditions and limitations
3. Territory Restrictions: Used when the license is limited to specific geographic regions
4. Performance Obligations: Include when minimum sales targets or performance metrics are required
5. Technology Transfer: Required when technical knowledge or training must be provided
6. Export Control: Include when licensed IP is subject to export restrictions
7. Source Code Escrow: Required for software licenses where source code access may be needed
8. Marketing and Promotion: Include when specific marketing requirements or restrictions apply
1. Schedule A - Licensed Intellectual Property: Detailed description of all IP being licensed, including registration numbers
2. Schedule B - Technical Specifications: Technical details, documentation, and specifications of the licensed IP
3. Schedule C - Payment Schedule: Detailed breakdown of fees, royalty calculations, and payment terms
4. Schedule D - Territory Definition: Specific geographic areas where license rights are granted
5. Schedule E - Quality Control Standards: Detailed quality requirements and testing procedures
6. Appendix 1 - Approved Uses: List of specifically permitted uses of the licensed IP
7. Appendix 2 - Reporting Templates: Standard forms for required reports and royalty calculations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Pharmaceuticals
Media and Entertainment
Consumer Goods
Research and Development
Fashion and Apparel
Educational Services
Healthcare
Telecommunications
Automotive
Biotechnology
Relevant Teams
Legal
Intellectual Property
Research and Development
Business Development
Commercial Operations
Compliance
Technology
Innovation
Product Development
Corporate Affairs
Licensing Operations
Relevant Roles
Chief Legal Officer
Intellectual Property Manager
Legal Counsel
Licensing Director
Technology Transfer Officer
Research and Development Director
Commercial Director
Chief Technology Officer
Business Development Manager
Compliance Officer
Innovation Manager
Contract Administrator
Patent Attorney
General Counsel
Product Development Manager
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