A Brand Licence Agreement is essential when a brand owner wishes to permit another entity to use their brand in a commercial context while maintaining control over its usage and reputation. This agreement, structured under Indian law and compliant with the Trade Marks Act, 1999, defines the relationship between licensor and licensee, establishing clear parameters for brand usage, quality standards, and commercial terms. It's particularly crucial in protecting intellectual property rights while enabling business expansion through licensed partnerships. The document includes detailed provisions for royalty payments, quality control measures, territorial restrictions, and termination conditions, making it suitable for both domestic and international brand licensing arrangements in India.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, brand ownership details, and parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope of license, territory, and permitted use of the brand
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Royalties and Payments: Financial terms, payment schedules, and calculation methods
7. Quality Control: Standards, approval processes, and quality maintenance requirements
8. Protection of the Brand: Obligations regarding brand protection and unauthorized use
9. Representations and Warranties: Parties' statements about their authority and brand ownership
10. Confidentiality: Protection of confidential information exchanged during the relationship
11. Termination: Grounds for termination and termination process
12. Post-Termination Obligations: Obligations after agreement ends, including brand usage cessation
13. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms
1. Exclusivity Provisions: Used when granting exclusive rights in specific territories or channels
2. Sub-licensing Rights: Include when licensee is permitted to sub-license the brand
3. Digital Usage Terms: Specific provisions for online and digital brand usage
4. Marketing and Promotion: Specific requirements for brand marketing and promotion
5. Minimum Performance Requirements: Include when setting specific performance targets
6. Export Restrictions: Used when there are territorial restrictions on brand usage
7. Social Media Guidelines: Specific rules for social media brand presence
8. Corporate Social Responsibility: Include when brand has specific CSR requirements
1. Brand Specifications: Detailed brand guidelines, logos, and usage specifications
2. Licensed Products/Services: Comprehensive list of products/services covered under the license
3. Royalty Calculations: Detailed methodology for calculating royalties
4. Quality Control Standards: Specific quality requirements and testing procedures
5. Approved Manufacturers/Suppliers: List of approved third-party manufacturers or suppliers
6. Territory Definitions: Detailed description of licensed territories
7. Approval Procedures: Step-by-step procedures for obtaining brand usage approvals
8. Reporting Templates: Standard templates for required reports and notifications
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Fashion and Apparel
Food and Beverage
Entertainment
Sports
Technology
Automotive
Hospitality
Education
Media and Publishing
Pharmaceuticals
Electronics
Relevant Teams
Legal
Brand Management
Commercial
Intellectual Property
Business Development
Finance
Marketing
Quality Assurance
Compliance
Operations
Relevant Roles
Legal Counsel
Brand Manager
Commercial Director
Intellectual Property Manager
Business Development Manager
Chief Executive Officer
Chief Financial Officer
Licensing Manager
Marketing Director
Quality Assurance Manager
Compliance Officer
Contract Manager
Corporate Counsel
General Counsel
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