This document is essential for businesses and individuals looking to monetize their intellectual property while maintaining control and the ability to license to multiple users. A Non-Exclusive Royalty License agreement under Maltese law is particularly relevant in situations where the IP owner wishes to maximize commercial opportunities by allowing multiple licensees to exploit the same intellectual property rights simultaneously. The agreement's structure complies with Malta's legal framework, including the Copyright Act (Chapter 415) and Commercial Code (Chapter 13), making it suitable for both domestic and international licensing arrangements. It includes comprehensive provisions for royalty calculations, payment terms, quality control, and reporting requirements, while ensuring compliance with Maltese competition laws and EU regulations. This type of agreement is commonly used in technology licensing, content distribution, manufacturing, and various other commercial applications where non-exclusive exploitation rights are preferred.
Non Exclusive Royalty License for Malta
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Key Requirements PROMPT example:
Non Exclusive Royalty License
"I need a Non Exclusive Royalty License agreement governed by Maltese law for licensing our proprietary software to multiple European customers, with quarterly royalty payments of 8% of net sales and a minimum annual royalty of 鈧50,000."
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1. Parties: Identification of the Licensor and Licensee with full legal names and registered addresses
2. Background: Context of the agreement, description of the intellectual property being licensed, and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Property', 'Territory', 'Royalties', etc.
4. Grant of License: Specific terms of the non-exclusive license grant, including scope, territory, and permitted uses
5. Term and Termination: Duration of the license and circumstances under which it can be terminated
6. Royalties: Detailed royalty calculation method, payment terms, reporting requirements, and audit rights
7. Intellectual Property Rights: Confirmation of ownership rights, protection obligations, and handling of improvements
8. Warranties and Representations: Standard warranties regarding ownership, right to license, and non-infringement
9. Liability and Indemnification: Limitation of liability provisions and mutual indemnification obligations
10. Confidentiality: Obligations regarding confidential information exchanged during the license relationship
11. General Provisions: Standard boilerplate clauses including notices, assignment, entire agreement, and governing law
1. Quality Control: Required when the licensed property needs to maintain certain quality standards in its implementation
2. Sub-licensing Rights: Include when the Licensee may be granted the right to sub-license
3. Marketing and Promotion: Include when specific marketing obligations or restrictions apply to the use of the licensed property
4. Source Code Escrow: Required for software licenses where source code access may be needed under certain conditions
5. Export Control: Include when the licensed property may be subject to international export regulations
6. Technical Support: Include when the license includes technical support or maintenance obligations
7. Competition Compliance: Required when there are specific competition law concerns in the relevant market
1. Schedule 1 - Licensed Property: Detailed description of the intellectual property being licensed
2. Schedule 2 - Royalty Calculations: Detailed formula and examples of royalty calculations
3. Schedule 3 - Reporting Template: Template for regular royalty reports
4. Schedule 4 - Technical Specifications: Technical requirements and specifications for use of the licensed property
5. Schedule 5 - Territory Definition: Detailed description of the geographic or market territory covered by the license
6. Appendix A - Quality Control Standards: Specific quality control requirements and procedures
7. Appendix B - Approved Sub-licensees: List of pre-approved sub-licensees, if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Media & Entertainment
Manufacturing
Pharmaceuticals & Biotechnology
Consumer Goods
Research & Development
Telecommunications
Gaming & Interactive Entertainment
Fashion & Retail
Industrial Design
Relevant Teams
Legal
Intellectual Property
Business Development
Research & Development
Commercial Operations
Licensing
Corporate Affairs
Technology Transfer
Product Development
Compliance
Relevant Roles
Intellectual Property Manager
Legal Counsel
Licensing Director
Commercial Director
Business Development Manager
Chief Technology Officer
Head of Research & Development
Contracts Manager
Chief Legal Officer
Intellectual Property Counsel
Technology Transfer Officer
Commercialization Manager
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