The Under Licence Agreement is a crucial legal instrument used in commercial relationships where one party wishes to grant another the right to use its intellectual property, technology, or other proprietary assets while maintaining ownership and control. This document type is particularly relevant in the New Zealand legal context, where it must comply with local commercial and intellectual property laws. The agreement is commonly used for software licensing, brand licensing, patent licensing, or technology transfer arrangements. It includes detailed provisions for protecting the licensor's rights while ensuring the licensee can effectively utilize the licensed property. The document should be tailored to address specific requirements under New Zealand law, including considerations from the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant intellectual property legislation.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement, including brief description of the licensed property and purpose
3. Definitions and Interpretation: Defined terms used throughout the agreement and interpretation rules
4. Grant of License: Scope and nature of the license (exclusive/non-exclusive), permitted uses and restrictions
5. Term: Duration of the license, including commencement date and any renewal provisions
6. License Fees and Payment Terms: Financial terms, payment schedule, calculation of royalties if applicable
7. Licensee Obligations: Key responsibilities and requirements of the licensee
8. Licensor Obligations: Key responsibilities and requirements of the licensor
9. Intellectual Property Rights: Ownership, protection and enforcement of IP rights
10. Quality Control: Standards, specifications and quality assurance requirements
11. Records and Audit Rights: Record-keeping requirements and audit provisions
12. Confidentiality: Protection of confidential information exchanged under the agreement
13. Termination: Termination rights, grounds for termination and consequences
14. General Provisions: Standard boilerplate clauses including notices, governing law, dispute resolution
1. Territory Restrictions: Geographic limitations on the license, used when license is restricted to specific regions
2. Sublicensing Rights: Terms for sublicensing, included when sublicensing is permitted
3. Marketing and Promotion: Requirements for marketing the licensed property, relevant for commercial licenses
4. Development Obligations: Required for licenses involving software or product development
5. Support and Maintenance: Included when ongoing technical support or maintenance is part of the license
6. Export Control: Required when licensed property may be subject to export restrictions
7. Data Protection: Required when license involves processing of personal data
8. Insurance: Insurance requirements, typically included for high-value or high-risk licenses
1. Schedule 1 - Licensed Property: Detailed description of the licensed property, including specifications
2. Schedule 2 - License Fees: Detailed breakdown of fees, royalty calculations and payment terms
3. Schedule 3 - Technical Specifications: Technical requirements and standards for use of the licensed property
4. Schedule 4 - Quality Control Requirements: Detailed quality control procedures and standards
5. Schedule 5 - Approved Use Guidelines: Guidelines and restrictions for use of the licensed property
6. Schedule 6 - Form of Reports: Templates for required reporting under the agreement
7. Appendix A - Brand Guidelines: If applicable, guidelines for use of licensed brands or trademarks
8. Appendix B - Support Services: Details of any support or maintenance services included in the license
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software
Manufacturing
Retail
Entertainment
Media
Pharmaceuticals
Biotechnology
Consumer Goods
Industrial Products
Telecommunications
Fashion and Apparel
Food and Beverage
Education
Research and Development
Relevant Teams
Legal
Commercial
Intellectual Property
Business Development
Operations
Research and Development
Compliance
Finance
Technology
Innovation
Product Management
Brand Management
Relevant Roles
Legal Counsel
Intellectual Property Manager
Commercial Director
Licensing Manager
Business Development Manager
Chief Technology Officer
Contract Manager
Compliance Officer
Operations Manager
Product Manager
Research and Development Director
Chief Executive Officer
Brand Manager
Technology Transfer Officer
Innovation Manager
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