The Merchandise Licensing Agreement is a crucial legal instrument used when a brand owner (licensor) wishes to authorize another party (licensee) to produce and sell merchandise featuring their intellectual property. This agreement, governed by Irish law, is particularly relevant for businesses seeking to expand their brand presence through licensed products while maintaining control over their intellectual property. The document includes essential provisions required under Irish and EU law, covering areas such as quality control, royalty payments, consumer protection, and product safety standards. It's commonly used across various industries including entertainment, sports, fashion, and consumer goods, where brand extension through merchandise is a key business strategy. The agreement ensures both parties' interests are protected while complying with relevant Irish commercial law and EU regulations.
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1. Parties: Identifies and provides full legal details of the licensor and licensee
2. Background: Sets out the context of the agreement, including ownership of the intellectual property and intention to license
3. Definitions: Defines key terms used throughout the agreement including Licensed Property, Territory, Term, Licensed Products, etc.
4. Grant of License: Specifies the scope of the license, including territory, exclusivity, and permitted uses
5. Term and Renewal: Specifies the duration of the agreement and any renewal options
6. Royalties and Payments: Details the financial terms, including royalty rates, minimum guarantees, and payment schedules
7. Quality Control: Sets standards for product quality and approval processes for Licensed Products
8. Approval Process: Outlines the procedure for obtaining licensor approval for Licensed Products and marketing materials
9. Manufacturing and Distribution: Specifies requirements for production and distribution of Licensed Products
10. Intellectual Property Protection: Addresses trademark and copyright protection, infringement, and enforcement
11. Representations and Warranties: Contains standard warranties regarding IP ownership and authority to enter agreement
12. Termination: Sets out circumstances for termination and post-termination obligations
13. General Provisions: Includes standard boilerplate clauses such as notices, assignment, and governing law
1. Sublicensing Rights: Include when licensee is permitted to grant sublicenses to third parties
2. E-commerce Rights: Include when online sales are specifically permitted and regulated
3. Marketing Commitments: Include when specific marketing obligations or restrictions apply
4. Sales Targets: Include when the agreement includes specific performance targets
5. Territory Restrictions: Include when there are specific territorial restrictions or requirements
6. Competition Law Compliance: Include when agreement needs specific provisions to comply with competition regulations
7. Corporate Social Responsibility: Include when specific ethical or sustainability requirements apply
8. Force Majeure: Include when specific events beyond parties' control need to be addressed
1. Schedule 1 - Licensed Property: Detailed description and images of the intellectual property being licensed
2. Schedule 2 - Licensed Products: Comprehensive list and descriptions of approved products
3. Schedule 3 - Quality Standards: Detailed quality specifications and requirements for Licensed Products
4. Schedule 4 - Royalty Rates: Detailed breakdown of royalty rates for different product categories
5. Schedule 5 - Approval Procedures: Detailed steps and timelines for product and marketing approvals
6. Schedule 6 - Brand Guidelines: Specific requirements for use of licensed property on products and marketing
7. Appendix A - Reporting Templates: Standard forms for sales reports and royalty calculations
8. Appendix B - Product Safety Standards: Specific safety requirements and certifications required
Relevant legal definitions
Clauses
Relevant Industries
Entertainment
Sports
Fashion and Apparel
Consumer Goods
Retail
Gaming
Media and Publishing
Toys and Games
Education
Music
Film and Television
Corporate Brands
Food and Beverage
Relevant Teams
Legal
Commercial
Licensing
Brand Management
Product Development
Quality Assurance
Finance
Marketing
Business Development
Compliance
Retail Operations
Creative
Manufacturing
Relevant Roles
Licensing Director
Commercial Director
Brand Manager
Legal Counsel
Intellectual Property Manager
Business Development Manager
Merchandising Manager
Product Development Manager
Retail Operations Manager
Quality Assurance Manager
Commercial Contracts Manager
Chief Commercial Officer
Head of Licensing
Compliance Officer
Marketing Director
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