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Brand Licence Agreement for Belgium

Brand Licence Agreement Template for Belgium

A comprehensive legal agreement governed by Belgian law that establishes the terms and conditions under which a brand owner (licensor) grants another party (licensee) the right to use its intellectual property, including trademarks, logos, and other brand elements. The agreement incorporates specific requirements under Belgian intellectual property law and EU regulations, including mandatory provisions from the Belgian Code of Economic Law and EU competition law requirements. It details the scope of the license, quality control measures, financial terms, and territorial restrictions while ensuring compliance with both local and European legal frameworks.

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Brand Licence Agreement

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What is a Brand Licence Agreement?

The Brand License Agreement is a crucial legal instrument used when a brand owner wishes to permit another party to use its intellectual property rights in Belgium and potentially other territories. This agreement is essential for businesses looking to expand their brand presence through authorized third-party usage while maintaining control over their intellectual property. The document, governed by Belgian law, incorporates requirements from the Belgian Code of Economic Law, EU trademark regulations, and competition law. It typically includes detailed provisions on quality control, royalty payments, territorial restrictions, and compliance requirements. The agreement is particularly important in the Belgian market due to its position within the EU and specific local regulatory requirements, making it a key document for both domestic and international brand licensing arrangements.

What sections should be included in a Brand Licence Agreement?

1. Parties: Identification of the licensor and licensee, including full legal names, registration details, and addresses

2. Background: Context of the agreement, description of the brand(s), and general purpose of the licensing arrangement

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

4. Grant of License: Scope of rights granted, including type of license (exclusive/non-exclusive), permitted uses, and territorial scope

5. Term and Termination: Duration of the agreement, renewal provisions, and grounds for termination

6. Financial Terms: License fees, royalty rates, payment terms, reporting requirements, and audit rights

7. Quality Control: Standards for use of the brand, approval processes for branded products/materials, and quality assurance requirements

8. Protection of IP Rights: Obligations regarding brand protection, handling infringement, and maintaining registrations

9. Representations and Warranties: Standard warranties about ownership of IP, right to license, and compliance with laws

10. Indemnification: Mutual indemnification obligations for breach of agreement or third-party claims

11. Confidentiality: Protection of confidential information exchanged during the relationship

12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and dispute resolution

What sections are optional to include in a Brand Licence Agreement?

1. Sublicensing Rights: Include when licensee is permitted to grant sublicenses to third parties

2. Minimum Performance Requirements: Include when setting specific sales targets or minimum royalty guarantees

3. Marketing and Promotion: Include when specifying marketing obligations and approval processes for promotional materials

4. E-commerce Provisions: Include when the license covers online sales and digital use of the brand

5. Social Media Usage: Include when the license covers social media presence and content

6. Corporate Social Responsibility: Include when setting specific CSR requirements for brand usage

7. Data Protection: Include when personal data processing is involved in the licensed activities

8. Supply Chain Requirements: Include when setting specific requirements for manufacturing and distribution

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

What schedules should be included in a Brand Licence Agreement?

1. Schedule 1 - Licensed Marks: Detailed list of all trademarks, logos, and other brand elements covered by the license

2. Schedule 2 - Licensed Products/Services: Comprehensive list of products or services for which the license is granted

3. Schedule 3 - Territory: Detailed definition of geographical territories covered by the license

4. Schedule 4 - Quality Standards: Specific quality control requirements and brand guidelines

5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties and example calculations

6. Schedule 6 - Approval Procedures: Step-by-step procedures for obtaining approvals for product designs and marketing materials

7. Schedule 7 - Reporting Templates: Standard forms for sales reports and royalty calculations

8. Appendix A - Brand Guidelines: Detailed brand usage guidelines and specifications

9. Appendix B - Compliance Requirements: Specific regulatory and compliance requirements for the licensed territory

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

Belgium

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions








































Clauses









































Relevant Industries

Retail

Consumer Goods

Fashion and Luxury

Food and Beverage

Electronics

Sports and Entertainment

Automotive

Hospitality

Media and Publishing

Technology

Pharmaceuticals

Cosmetics

Relevant Teams

Legal

Intellectual Property

Commercial

Brand Management

Marketing

Finance

Compliance

Business Development

Operations

International Trade

Relevant Roles

Legal Counsel

Brand Manager

Licensing Director

Commercial Director

Intellectual Property Manager

Business Development Manager

Chief Legal Officer

Compliance Officer

Marketing Director

Finance Director

Operations Manager

Contract Manager

Chief Commercial Officer

Trademark Attorney

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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