The License To Use Intellectual Property agreement is essential for businesses and individuals seeking to formally authorize the use of intellectual property rights under Austrian law. This document is commonly used when an IP owner (licensor) wishes to grant another party (licensee) the right to use specific intellectual property while retaining ownership. The agreement covers crucial elements such as license scope, territorial restrictions, payment terms, quality control measures, and compliance with Austrian legal requirements. It's particularly relevant in scenarios involving software licensing, technology transfer, brand licensing, or patent commercialization. The document ensures compliance with Austrian IP laws, including the Austrian Civil Code (ABGB), Copyright Act, Patent Law, and Trademark Protection Act, while also considering relevant EU regulations. This agreement type is vital for protecting IP rights while enabling commercial exploitation and technology transfer in the Austrian market.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement, description of the IP, and parties' objectives
3. Definitions: Defined terms used throughout the agreement
4. Grant of License: Scope of the license, including territory, exclusivity, and permitted uses
5. Term and Termination: Duration of the license and circumstances for termination
6. License Fees and Payment Terms: Financial terms, payment schedule, and reporting requirements
7. IP Protection and Ownership: Confirmation of IP ownership and protection measures
8. Licensee Obligations: Key responsibilities of the licensee in using the IP
9. Quality Control: Standards and requirements for IP use and quality maintenance
10. Warranties and Representations: Guarantees regarding IP ownership, right to license, and non-infringement
11. Indemnification: Protection against third-party claims and liability allocation
12. Confidentiality: Protection of confidential information exchanged during the license term
13. General Provisions: Standard clauses including governing law, notices, and assignment
1. Sublicensing Rights: Include when licensee is permitted to sublicense the IP to third parties
2. Source Code Escrow: For software licenses where source code access may be needed in specific circumstances
3. Development and Improvements: Include when parties will collaborate on IP development or share improvements
4. Export Control: Required when IP is subject to export control regulations
5. Data Protection: Include when license involves processing of personal data
6. Non-Competition: Optional restrictions on competitive activities
7. Insurance Requirements: Include when specific insurance coverage is required for IP use
8. Marketing and Promotion: Include when agreement covers marketing rights and obligations
1. Schedule A - Licensed IP: Detailed description of the intellectual property being licensed
2. Schedule B - License Fees: Detailed breakdown of payment terms, royalty calculations, and reporting requirements
3. Schedule C - Technical Specifications: Technical details and requirements for IP implementation
4. Schedule D - Quality Control Standards: Specific quality requirements and testing procedures
5. Schedule E - Approved Uses: Specific approved uses and applications of the licensed IP
6. Appendix 1 - Form of Reports: Templates for required reporting under the agreement
7. Appendix 2 - Support Services: Details of any technical support or maintenance services
8. Appendix 3 - Territory Map: Geographic definition of licensed territory if applicable
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Media and Entertainment
Pharmaceuticals and Biotechnology
Research and Development
Consumer Goods
Industrial Design
Fashion and Luxury Goods
Publishing
Gaming and Interactive Entertainment
Telecommunications
Medical Devices
Relevant Teams
Legal
Intellectual Property
Research and Development
Business Development
Operations
Compliance
Commercial
Technology Transfer
Innovation
Product Development
Licensing Operations
Contract Administration
Relevant Roles
Chief Legal Officer
Intellectual Property Counsel
Licensing Manager
Commercial Director
Chief Technology Officer
Research and Development Director
Business Development Manager
Contract Manager
Innovation Manager
Patent Attorney
Technology Transfer Officer
General Counsel
IP Operations Manager
Compliance Officer
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