The Portfolio License Agreement is designed for complex licensing arrangements under Malaysian law where multiple intellectual property assets need to be licensed together. This document type is particularly relevant when companies seek to streamline their licensing operations by consolidating multiple IP assets (such as patents, trademarks, copyright, and know-how) under a single agreement. It incorporates provisions compliant with Malaysian intellectual property laws and regulations, including the Copyright Act 1987, Patents Act 1983, and Trade Marks Act 2019. The agreement is structured to provide flexibility while ensuring adequate protection for both licensors and licensees, making it suitable for both domestic and international licensing transactions within the Malaysian legal framework.
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1. Parties: Identification of the licensor and licensee, including full legal names and registered addresses
2. Background: Context of the agreement, ownership of the portfolio, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope of the license, including territory, exclusivity, and permitted uses
5. License Fees and Payment Terms: Financial terms, payment schedules, and reporting requirements
6. Licensed Portfolio: Description and scope of the licensed intellectual property assets
7. Term and Termination: Duration of the agreement and circumstances for termination
8. Warranties and Representations: Promises and assurances from both parties regarding the licensed portfolio
9. Intellectual Property Protection: Obligations regarding IP protection, infringement, and enforcement
10. Confidentiality: Protection of confidential information exchanged under the agreement
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Source Code Escrow: Required when licensing software to protect licensee's access to source code
2. Quality Control: Needed when licensing trademarks or brands requiring quality standards
3. Performance Obligations: Used when minimum performance or sales targets are required
4. Regulatory Compliance: Required for heavily regulated industries or sensitive technologies
5. Sub-licensing Rights: Included when licensee is permitted to sub-license the portfolio
6. Technology Transfer: Required when technical knowledge transfer is part of the agreement
7. Data Protection: Needed when personal data processing is involved
8. Export Control: Required for international licensing of controlled technologies
1. Licensed Portfolio Schedule: Detailed list and description of all licensed intellectual property assets
2. Fee Schedule: Detailed breakdown of license fees, royalties, and payment terms
3. Technical Specifications: Technical details and requirements for licensed technology
4. Service Level Agreement: Performance standards and support requirements if applicable
5. Approved Sub-licensees: List of pre-approved sub-licensees if sub-licensing is permitted
6. Quality Standards: Detailed quality control requirements and specifications
7. Territory Schedule: Detailed description of licensed territories and any restrictions
8. Compliance Requirements: Specific regulatory or industry compliance requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Pharmaceuticals
Biotechnology
Manufacturing
Telecommunications
Media and Entertainment
Consumer Goods
Industrial Technology
Research and Development
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Research and Development
Technology Transfer
Compliance
Corporate Affairs
Licensing Operations
Product Development
Relevant Roles
Legal Counsel
IP Manager
Licensing Director
Chief Legal Officer
Commercial Director
Business Development Manager
Contract Manager
Chief Technology Officer
IP Rights Manager
Technology Transfer Officer
General Counsel
Compliance Officer
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