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Excluded License Agreement

Excluded License Agreement Template for Australia

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Key Requirements PROMPT example:

Excluded License Agreement

"I need an Excluded License Agreement for granting exclusive rights to a Japanese technology company to manufacture and distribute our patented automotive sensors in Australia and New Zealand, with the agreement to commence on March 1, 2025."

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Document background
The Excluded License Agreement is a critical document used in Australian business transactions where one party (the licensor) grants another party (the licensee) exclusive rights to intellectual property, technology, or other proprietary assets. This agreement type is particularly important when businesses need to establish clear exclusive territorial rights or market segmentation while ensuring compliance with Australian competition laws. The document typically includes detailed provisions on exclusivity scope, quality control, performance requirements, and competition law compliance. It's commonly used in technology transfers, manufacturing arrangements, and commercialization of intellectual property rights, requiring careful consideration of the Competition and Consumer Act 2010 (Cth) and relevant IP legislation.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal entity details

2. Background: Context of the agreement, including ownership of the licensed property and purpose of the exclusive arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including specific competition law terminology

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

5. Exclusivity Provisions: Detailed terms of exclusivity, including any carve-outs or reserved rights

6. Term and Renewal: Duration of the agreement and any renewal options

7. Payment Terms: License fees, royalties, payment schedule, and reporting requirements

8. Licensee Obligations: Key responsibilities and performance requirements of the licensee

9. Licensor Obligations: Key responsibilities of the licensor, including support and maintenance

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

11. Intellectual Property Protection: Rights and obligations regarding IP protection and enforcement

12. Confidentiality: Protection of confidential information and trade secrets

13. Termination: Termination rights, process, and consequences

14. Post-Termination Obligations: Obligations surviving termination and wind-down provisions

15. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and notices

Optional Sections

1. Competition Law Compliance: Detailed provisions ensuring compliance with competition laws - required if the agreement could raise competition concerns

2. Development Obligations: Include when the licensee is required to develop or modify the licensed property

3. Marketing and Promotion: Include when specific marketing requirements or restrictions apply

4. Sub-licensing Rights: Include when sub-licensing is permitted

5. Export Controls: Include for international arrangements or controlled technologies

6. Source Code Escrow: Include for software licenses where source code protection is needed

7. Data Protection: Include when personal data processing is involved

8. Insurance Requirements: Include when specific insurance coverage is required

9. Change of Control: Include when restrictions on change of control are necessary

10. Force Majeure: Include when specific force majeure provisions are needed beyond standard provisions

Suggested Schedules

1. Schedule 1 - Licensed Property: Detailed description of the licensed property, including technical specifications

2. Schedule 2 - Territory: Detailed description of the geographic territory covered by the license

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

4. Schedule 4 - Performance Requirements: Specific performance metrics and minimum requirements

5. Schedule 5 - Technical Standards: Technical and quality control standards for using the licensed property

6. Schedule 6 - Support Services: Details of any support or maintenance services provided

7. Appendix A - Approved Form of Reporting: Templates for required periodic reports

8. Appendix B - Compliance Checklist: Checklist for ongoing compliance requirements

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions










































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Relevant Industries

Technology and Software

Manufacturing

Pharmaceutical and Healthcare

Biotechnology

Consumer Products

Industrial Equipment

Media and Entertainment

Telecommunications

Automotive

Research and Development

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Research and Development

Operations

Compliance

Technology

Strategy

Product Development

Relevant Roles

Legal Counsel

Intellectual Property Manager

Commercial Director

Licensing Manager

Business Development Manager

Chief Technology Officer

Contract Manager

Compliance Officer

Research and Development Director

Product Manager

Chief Executive Officer

Operations Manager

Innovation Manager

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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