This Intellectual Property Licence template is designed for use under Irish law when one party wishes to grant another party the right to use specific intellectual property assets while retaining ownership. The document is particularly relevant for transactions involving patents, copyrights, trademarks, trade secrets, or other proprietary rights. It incorporates requirements from Irish intellectual property legislation and relevant EU regulations, making it suitable for both domestic and international licensing arrangements. The agreement includes comprehensive provisions for protecting the licensed IP, defining usage rights, establishing payment terms, and ensuring compliance with Irish and EU competition laws. It can be customized based on the type of intellectual property being licensed and specific commercial requirements of the parties involved.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the intellectual property being licensed
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license (exclusive/non-exclusive), permitted uses, and territorial restrictions
5. License Fees and Payment Terms: Financial terms, payment schedule, and reporting requirements
6. Intellectual Property Rights: Confirmation of ownership, protection of IP rights, and handling of improvements
7. Confidentiality: Protection of confidential information exchanged during the license period
8. Warranties and Representations: Warranties regarding IP ownership, right to license, and non-infringement
9. Duration and Termination: Term of the license, renewal provisions, and termination circumstances
10. Post-Termination Obligations: Obligations of parties after termination or expiry of the agreement
11. Indemnification: Indemnity provisions for IP infringement claims and breaches
12. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes
1. Quality Control: For trademark licenses, provisions for maintaining quality standards of licensed products
2. Source Code Escrow: For software licenses, provisions for source code deposit and release conditions
3. Performance Requirements: Minimum performance or sales targets for licensee, if applicable
4. Sub-licensing Rights: Terms and conditions for sub-licensing, if permitted
5. Export Control: For international licenses, compliance with export control regulations
6. Data Protection: GDPR compliance provisions where personal data processing is involved
7. Competition Law Compliance: Specific provisions ensuring compliance with EU and Irish competition laws
8. Maintenance and Support: For technical IP, terms for ongoing maintenance and technical support
9. Insurance: Requirements for insurance coverage by either party
1. Schedule 1 - Licensed Intellectual Property: Detailed description and specification of the licensed IP
2. Schedule 2 - License Fees and Royalty Calculations: Detailed payment terms, royalty rates, and calculation methods
3. Schedule 3 - Technical Specifications: Technical details, standards, and requirements for the licensed IP
4. Schedule 4 - Quality Control Standards: Specific quality standards and monitoring procedures
5. Schedule 5 - Approved Sub-licensees: List of pre-approved sub-licensees, if applicable
6. Appendix A - Form of Royalty Report: Template for periodic royalty reporting
7. Appendix B - Support and Maintenance Services: Detailed description of support services and service levels
8. Appendix C - Permitted Uses: Specific examples and limitations of permitted uses of the licensed IP
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Pharmaceuticals
Biotechnology
Manufacturing
Media and Entertainment
Research and Development
Education
Telecommunications
Consumer Goods
Fashion and Luxury
Automotive
Healthcare
Gaming
Relevant Teams
Legal
Intellectual Property
Research and Development
Commercial
Business Development
Finance
Technical Operations
Compliance
Innovation
Product Development
Relevant Roles
Chief Technology Officer
Intellectual Property Counsel
Legal Director
Commercial Director
Head of Research and Development
Licensing Manager
Patent Attorney
Chief Legal Officer
Business Development Manager
Innovation Director
Chief Executive Officer
Chief Financial Officer
Technology Transfer Officer
IP Portfolio Manager
General Counsel
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