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Co Exclusive License for Austria

Co Exclusive License Template for Austria

A Co-Exclusive License Agreement under Austrian law is a sophisticated legal instrument that grants limited exclusive rights to multiple licensees simultaneously within defined parameters. This agreement, governed by Austrian civil and commercial law, particularly the ABGB and UGB, establishes the framework for shared exclusive rights while maintaining clear boundaries between licensees' operations. It addresses crucial aspects such as territory allocation, field of use restrictions, quality control measures, and coordination mechanisms between licensees, all while ensuring compliance with Austrian competition law and relevant EU regulations.

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What is a Co Exclusive License?

The Co-Exclusive License Agreement is designed for situations where a rights holder wishes to grant exclusive rights to multiple parties while maintaining certain restrictions and coordination between licensees. This document, governed by Austrian law, is particularly useful in scenarios involving territorial divisions, different fields of use, or shared market access. It includes comprehensive provisions for managing the relationship between co-licensees, protecting intellectual property rights, ensuring quality control, and maintaining compliance with Austrian and EU competition laws. The agreement is commonly used in technology transfers, pharmaceutical licensing, and other industries where shared exclusive rights can maximize market potential while maintaining control over intellectual property.

What sections should be included in a Co Exclusive License?

1. Parties: Identification and details of the licensor and all co-exclusive licensees

2. Background: Context of the agreement, including description of the licensed property and business rationale

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Grant of License: Specific terms of the co-exclusive license, including scope, territory, and field of use

5. Co-Exclusivity Terms: Detailed provisions regarding the nature of co-exclusivity, including rights and limitations of each licensee

6. License Fee and Payment Terms: Financial terms, including license fees, royalties, payment schedules, and reporting requirements

7. Intellectual Property Rights: Ownership and protection of IP rights, including maintenance and enforcement responsibilities

8. Quality Control: Standards and requirements for use of the licensed property

9. Representations and Warranties: Legal assurances from all parties regarding their rights and capabilities

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Post-Termination Obligations: Rights and obligations of parties after agreement termination

12. Confidentiality: Protection of confidential information exchanged during the agreement

13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

14. General Provisions: Standard legal provisions including notices, assignment, and entire agreement

What sections are optional to include in a Co Exclusive License?

1. Sublicensing Rights: Include when licensees are permitted to sublicense their rights

2. Improvements: Include when dealing with technological licenses where improvements may be developed

3. Marketing and Promotion: Include when cooperation in marketing efforts is required

4. Insurance: Include when specific insurance requirements are necessary for risk management

5. Export Control: Include when licensed property may be subject to export regulations

6. Data Protection: Include when personal data processing is involved in the license operation

7. Anti-Corruption Compliance: Include for international licensing arrangements

8. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

What schedules should be included in a Co Exclusive License?

1. Schedule 1 - Licensed Property: Detailed description and specifications of the licensed property

2. Schedule 2 - Territory and Field of Use: Detailed definition of geographical territories and permitted uses

3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

4. Schedule 4 - Quality Control Standards: Specific quality requirements and testing procedures

5. Schedule 5 - Reporting Templates: Standard forms for required periodic reports

6. Appendix A - Technical Specifications: Technical details and requirements for licensed property use

7. Appendix B - Approved Sub-contractors: List of approved third parties for involvement in licensed activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions






























Clauses

































Relevant Industries

Technology & Software

Pharmaceuticals

Biotechnology

Manufacturing

Telecommunications

Media & Entertainment

Consumer Products

Industrial Technology

Green Technology

Research & Development

Relevant Teams

Legal

Intellectual Property

Business Development

Commercial

Research & Development

Compliance

Technology Transfer

Strategy

Operations

Finance

Relevant Roles

Legal Counsel

Intellectual Property Manager

Licensing Director

Business Development Manager

Chief Technology Officer

Commercial Director

Compliance Officer

Contract Manager

Innovation Director

Patent Attorney

Research & Development Director

Strategy Director

Technology Transfer Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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