The Brand Licensing Agreement is a crucial document used when a brand owner wishes to permit another entity to use their intellectual property rights in Malaysia. This agreement is essential for businesses looking to expand their brand presence through authorized third-party usage while maintaining control over their intellectual property. The document encompasses detailed provisions required under Malaysian law, including compliance with the Trademarks Act 2019 and relevant commercial regulations. It specifies the scope of licensed rights, territorial limitations, quality control requirements, financial terms, and brand usage guidelines. This type of agreement is particularly important in the Malaysian market, where brand protection and proper licensing documentation are crucial for maintaining intellectual property rights and ensuring successful business partnerships.
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1. Parties: Identifies and provides full details of the licensor and licensee, including registration numbers and registered addresses
2. Background: Sets out the context of the agreement, confirms the licensor's ownership of the brand, and states the licensee's desire to use the brand
3. Definitions: Defines key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Licensed Products', and 'Royalties'
4. Grant of License: Specifies the exact rights being granted, including type of license (exclusive/non-exclusive), territory, and permitted uses
5. Term and Renewal: Specifies the duration of the agreement and conditions for renewal
6. Royalties and Payments: Details the financial terms, including royalty rates, minimum guarantees, payment schedules, and reporting requirements
7. Quality Control: Sets standards for product/service quality and brand usage, including approval processes for marketing materials
8. Protection of Licensed Marks: Outlines measures for protecting the brand and handling infringement by third parties
9. Representations and Warranties: Contains warranties about brand ownership, right to license, and other key assurances
10. Termination: Specifies grounds for termination and post-termination obligations
11. General Provisions: Includes standard clauses like governing law, notices, assignment, and entire agreement
1. Sub-licensing Rights: Include when the licensee is permitted to sub-license the brand to third parties
2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed
3. Supply Chain Requirements: Include when the licensed products must be manufactured or sourced through specific channels
4. Corporate Social Responsibility: Include when the brand owner requires specific ethical or sustainability standards
5. E-commerce Provisions: Include when the license covers online sales or digital use of the brand
6. Export Controls: Include when the licensed products are subject to export regulations
7. Anti-counterfeiting Measures: Include when specific anti-counterfeiting procedures are required
8. Local Registration Requirements: Include when the license needs to be registered with local authorities
1. Schedule 1 - Licensed Marks: Detailed list and images of all trademarks, logos, and brand elements covered by the license
2. Schedule 2 - Licensed Products/Services: Comprehensive list of products or services for which the brand can be used
3. Schedule 3 - Territory: Detailed description of geographical areas where the license applies
4. Schedule 4 - Brand Guidelines: Technical specifications for brand usage, including color codes, positioning, and size requirements
5. Schedule 5 - Quality Standards: Detailed quality control requirements and specifications
6. Schedule 6 - Royalty Calculations: Detailed formulas and examples for calculating royalties
7. Schedule 7 - Approved Manufacturers: List of approved manufacturers or suppliers (if applicable)
8. Appendix A - Approval Procedures: Step-by-step procedures for obtaining approvals for brand usage
9. Appendix B - Reporting Templates: Standard forms for sales reports and royalty calculations
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Fashion and Apparel
Food and Beverage
Entertainment
Sports
Technology
Automotive
Home and Lifestyle
Education
Healthcare
Hospitality
Media and Publishing
Relevant Teams
Legal
Intellectual Property
Brand Management
Commercial
Business Development
Marketing
Finance
Operations
Quality Assurance
Compliance
Product Development
Relevant Roles
Legal Counsel
Brand Manager
Licensing Director
Commercial Director
Intellectual Property Manager
Business Development Manager
Chief Legal Officer
Contract Manager
Compliance Officer
Marketing Director
Finance Director
Operations Manager
Quality Assurance Manager
Product Development Manager
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