This Licensing Contract template is designed for use under Malaysian law when one party wishes to grant another party the right to use their intellectual property, technology, or proprietary information while retaining ownership. It's particularly relevant in Malaysia's rapidly growing technology and innovation sectors, and can be adapted for various types of intellectual property including patents, trademarks, copyright, and trade secrets. The document incorporates key requirements from Malaysian intellectual property and contract law, making it suitable for both domestic and international licensing arrangements. It's structured to protect the interests of both licensor and licensee while ensuring compliance with Malaysian regulatory requirements, including those under the Patents Act 1983, Trade Marks Act 2019, and Competition Act 2010. The contract is essential for businesses looking to monetize their intellectual property or acquire rights to use others' IP in the Malaysian market.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement, including description of the intellectual property and business relationship
3. Definitions: Defined terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted
5. Term and Territory: Duration of the license and geographical limitations
6. Payment Terms: License fees, royalties, and payment schedules
7. Intellectual Property Rights: Ownership and protection of the licensed IP
8. Obligations of the Licensor: Licensor's duties including maintenance and protection of IP
9. Obligations of the Licensee: Licensee's responsibilities including usage restrictions and quality control
10. Quality Control: Standards and requirements for using the licensed IP
11. Confidentiality: Protection of confidential information exchanged
12. Warranties and Representations: Promises and assurances made by both parties
13. Termination: Circumstances and procedures for ending the agreement
14. Post-Termination Obligations: Duties of parties after agreement ends
15. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Sub-licensing Rights: Terms for allowing licensee to grant sub-licenses, used when sub-licensing is permitted
2. Technology Transfer: Provisions for technical knowledge transfer, relevant for technical IP licensing
3. Performance Requirements: Minimum performance or sales targets, used in commercial licensing agreements
4. Export Control: Restrictions on export/import, needed for international licensing
5. Source Code Escrow: Terms for source code protection, specific to software licensing
6. Training and Support: Details of technical support provided, relevant for complex technical licenses
7. Competition Compliance: Anti-competitive provisions, needed for licenses that might affect market competition
8. Improvements and Modifications: Rights regarding improvements to the licensed IP, important for technology licenses
9. Insurance Requirements: Insurance obligations, relevant for high-risk or high-value licenses
1. Schedule 1 - Licensed Intellectual Property: Detailed description of the IP being licensed
2. Schedule 2 - License Fees and Royalties: Detailed payment terms, calculations, and schedules
3. Schedule 3 - Technical Specifications: Technical details and requirements of the licensed IP
4. Schedule 4 - Quality Control Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Approved Use Guidelines: Guidelines for acceptable use of the licensed IP
6. Schedule 6 - Reporting Requirements: Format and frequency of required reports
7. Appendix A - Brand Guidelines: Guidelines for brand usage if applicable
8. Appendix B - Service Level Agreement: Support and maintenance terms if applicable
9. Appendix C - Territory Map: Geographical boundaries of the license if applicable
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Software Development
Pharmaceuticals
Biotechnology
Consumer Goods
Entertainment
Media
Telecommunications
Education
Research and Development
Automotive
Fashion and Retail
Food and Beverage
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Research and Development
Operations
Compliance
Technology Transfer
Innovation
Corporate Strategy
Relevant Roles
Legal Counsel
Intellectual Property Manager
Commercial Director
Business Development Manager
Technology Transfer Officer
Licensing Manager
Contract Administrator
Chief Technology Officer
Research and Development Director
Innovation Manager
Chief Executive Officer
Intellectual Property Lawyer
Commercial Manager
Operations Director
Chief Legal Officer
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