An IP License Agreement is a crucial legal document used when one party wishes to grant another party rights to use their intellectual property while maintaining ownership. This agreement type is essential in New Zealand's business environment, particularly for technology transfers, brand licensing, and research commercialization. The document must comply with New Zealand's IP legislation framework, including the Patents Act 2013, Trade Marks Act 2002, and Copyright Act 1994. It typically includes detailed provisions about the scope of rights granted, territorial restrictions, quality control measures, payment terms, and compliance requirements. This agreement is particularly important in protecting both the licensor's IP rights and the licensee's interests while ensuring clear parameters for the authorized use of the intellectual property.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, description of the IP, and parties' objectives
3. Definitions: Defined terms used throughout the agreement, including specific IP definitions
4. Grant of License: Scope of the license, including territory, exclusivity, and permitted uses
5. License Fees and Payment Terms: Financial terms, including royalties, payment schedule, and reporting requirements
6. Protection of IP Rights: Obligations regarding IP protection, infringement notification, and enforcement
7. Quality Control: Standards for using the IP and quality assurance requirements
8. Representations and Warranties: Statements about IP ownership, right to license, and non-infringement
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Confidentiality: Protection of confidential information exchanged during the license relationship
11. General Provisions: Standard contract clauses including governing law, disputes, and notices
1. Technical Support and Maintenance: Include when the licensed IP requires ongoing support or maintenance
2. Sub-licensing Rights: Include when the licensee is permitted to sub-license the IP to third parties
3. Development and Improvements: Include when parties may develop improvements to the licensed IP
4. Source Code Escrow: Include for software licenses where source code protection is needed
5. Training and Documentation: Include when the license requires transfer of technical knowledge
6. Marketing and Promotion: Include when the agreement covers trademark usage in marketing
7. Export Control: Include when the IP is subject to export control regulations
8. Data Protection: Include when the license involves processing personal data
9. Audit Rights: Include when licensor requires right to audit licensee's use of IP
1. Schedule 1 - Licensed IP: Detailed description of all IP being licensed, including registration numbers
2. Schedule 2 - License Fees and Royalties: Detailed breakdown of all financial terms and calculation methods
3. Schedule 3 - Technical Specifications: Technical details and requirements for using the licensed IP
4. Schedule 4 - Quality Control Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Approved Sub-licensees: List of pre-approved sub-licensees if applicable
6. Schedule 6 - Territory: Detailed description of geographical territories covered by the license
7. Appendix A - Brand Guidelines: Guidelines for using licensed trademarks and branding
8. Appendix B - Reporting Templates: Standard forms for required periodic reports
Find the exact document you need
IP Licence Agreement
A New Zealand law-governed agreement that grants rights to use intellectual property, defining terms of use, payment, and protection.
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