A Brand License Agreement is essential when a brand owner wishes to permit another entity to use its brand assets while maintaining control over brand integrity and generating revenue through royalties. This agreement, governed by Dutch law and EU regulations, is commonly used in various commercial contexts, from consumer products to services. It provides a comprehensive framework detailing permitted brand usage, territories, quality standards, financial terms, and compliance requirements. The document ensures compliance with Dutch intellectual property laws, the Benelux Convention on Intellectual Property, and EU trademark regulations. It's particularly relevant in scenarios involving cross-border licensing within the EU, brand expansion strategies, or product line extensions where the brand owner wants to maintain control while leveraging external expertise or distribution capabilities.
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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 brand, and general purpose of the licensing arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Licensed Marks', 'Territory', 'Licensed Products', etc.
4. Grant of License: Scope of the license granted, including territory, exclusivity/non-exclusivity, and any field-of-use restrictions
5. Term: Duration of the agreement, including commencement date and any renewal provisions
6. Licensed Rights: Detailed description of the licensed brand elements, including trademarks, logos, and associated intellectual property
7. Quality Control: Requirements for maintaining brand standards, approval processes, and quality assurance measures
8. Royalties and Payments: Financial terms including royalty rates, minimum guarantees, payment schedules, and reporting requirements
9. Protection of the Brand: Obligations regarding brand protection, infringement reporting, and enforcement responsibilities
10. Representations and Warranties: Standard warranties regarding ownership, right to license, and non-infringement
11. Licensee Obligations: Specific duties of the licensee including marketing, distribution, and compliance requirements
12. Records and Audit Rights: Requirements for maintaining records and licensor's audit rights
13. Termination: Grounds for termination, termination process, and consequences of termination
14. Post-Termination Obligations: Obligations of parties after termination, including cease of use and disposal of inventory
15. General Provisions: Standard boilerplate clauses including governing law, notices, assignment, and entire agreement
1. Sub-Licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties
2. Minimum Performance Requirements: Include when specific sales targets or performance metrics are required
3. Marketing and Promotion: Include when specific marketing obligations or restrictions need to be detailed
4. Supply Chain Requirements: Include when specific manufacturing or sourcing requirements apply
5. Corporate Social Responsibility: Include when specific ESG or ethical standards must be maintained
6. Digital Rights: Include when the license covers digital or online use of the brand
7. Crisis Management: Include when specific procedures for managing brand-related crises are needed
8. Competition Compliance: Include when specific competition law compliance measures are needed
9. Change of Control: Include when specific provisions for change in ownership of either party are needed
1. Schedule 1 - Licensed Marks: Detailed list and images of all licensed trademarks, logos, and brand elements
2. Schedule 2 - Licensed Products/Services: Comprehensive list and specifications of products/services covered by the license
3. Schedule 3 - Brand Guidelines: Detailed brand usage guidelines, including visual elements, positioning, and restrictions
4. Schedule 4 - Quality Standards: Specific quality control requirements and procedures
5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties, including any variations by product/territory
6. Schedule 6 - Approval Procedures: Step-by-step procedures for obtaining approvals for brand use
7. Schedule 7 - Territory Specifications: Detailed definition of licensed territories and any territory-specific requirements
8. Schedule 8 - Reporting Templates: Standard forms for regular reporting requirements
9. Appendix A - Existing Brand Registrations: List of all relevant trademark registrations and applications
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Fashion and Apparel
Sports and Entertainment
Food and Beverage
Technology
Media and Publishing
Automotive
Hospitality
Luxury Goods
Electronics
Toys and Games
Healthcare and Beauty
Home and Garden
Education
Relevant Teams
Legal
Brand Management
Intellectual Property
Commercial
Finance
Marketing
Quality Assurance
Business Development
Compliance
Product Development
Operations
Relevant Roles
Chief Executive Officer
Brand Manager
Licensing Director
Legal Counsel
Commercial Director
Intellectual Property Manager
Business Development Manager
Finance Director
Chief Marketing Officer
Compliance Officer
Quality Assurance Manager
Product Development Manager
Trademark Attorney
Contract Manager
Operations Director
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