This Cross License agreement template is designed for situations where two or more parties wish to grant each other rights to use their respective intellectual property portfolios. It is particularly useful when companies have complementary technologies or need to resolve IP disputes through mutual licensing. The document, compliant with Austrian law and EU regulations, includes comprehensive provisions for defining licensed IP, scope of use, technical requirements, quality standards, and risk allocation. It's commonly used in technology-intensive industries where IP cooperation is essential for product development or market access. The agreement can be customized to cover various types of intellectual property including patents, trademarks, copyrights, and trade secrets, while ensuring compliance with Austrian civil code (ABGB) and relevant IP legislation.
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1. Parties: Identification of the contracting parties and their legal status
2. Background: Context of the agreement, including brief description of each party's relevant IP and business relationship
3. Definitions: Definitions of key terms used throughout the agreement, including technical terms and IP descriptions
4. Grant of License: The mutual license grants, including scope, territory, and field of use
5. License Restrictions: Specific limitations on the license grants and prohibited activities
6. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
7. Representations and Warranties: Mutual assurances regarding IP ownership, right to license, and non-infringement
8. Confidentiality: Obligations regarding protection of confidential information exchanged
9. Liability and Indemnification: Allocation of risks and responsibilities for third-party claims
10. General Provisions: Standard legal provisions including governing law, dispute resolution, and assignment
1. Financial Terms: Include if there are royalties, fees, or other financial compensation
2. Improvements: Include if future improvements to the licensed IP are to be shared or licensed
3. Quality Control: Include for trademark cross-licenses to maintain brand standards
4. Settlement Provisions: Include if the cross-license is part of a dispute settlement
5. Export Control: Include if the licensed technology is subject to export control regulations
6. Source Code Provisions: Include for software cross-licenses involving source code access
7. Performance Obligations: Include if parties have specific implementation or technical cooperation obligations
8. Audit Rights: Include if parties need rights to verify compliance or usage
1. Schedule A - Licensed Patents: List of patents and patent applications covered by the cross-license
2. Schedule B - Licensed Trademarks: List of trademarks covered by the cross-license, if applicable
3. Schedule C - Licensed Products: Description of products or services covered by the license
4. Schedule D - Technical Specifications: Technical details and standards for licensed technology
5. Schedule E - Financial Terms: Detailed payment terms, calculations, and reporting requirements if applicable
6. Schedule F - Quality Control Standards: Specific quality requirements and processes for trademark usage
7. Appendix 1 - Certification Form: Template for compliance certifications if required
8. Appendix 2 - Report Templates: Standard forms for any required periodic reporting
Relevant legal definitions
Clauses
Relevant Industries
Technology
Telecommunications
Automotive
Manufacturing
Electronics
Semiconductors
Software Development
Biotechnology
Pharmaceutical
Industrial Equipment
Research & Development
Consumer Electronics
Relevant Teams
Legal
Intellectual Property
Research & Development
Business Development
Technology Transfer
Innovation
Corporate Strategy
Technical Operations
Patent Operations
Licensing Operations
Relevant Roles
Legal Counsel
IP Manager
Patent Attorney
Licensing Director
Chief Technology Officer
Head of Research & Development
Business Development Manager
Chief Legal Officer
Technology Transfer Manager
Innovation Director
Corporate Counsel
IP Strategist
General Counsel
Technical Program Manager
Chief IP Counsel
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