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Cross License for Belgium

Cross License Template for Belgium

A Cross License Agreement under Belgian law is a bilateral contract where two or more parties grant each other rights to use their respective intellectual property. This agreement, governed by Belgian law and EU regulations, establishes mutual licensing terms for patents, trademarks, copyrights, or other intellectual property rights. It includes detailed provisions for scope of use, restrictions, territorial limitations, and compliance with Belgian and European competition laws. The document addresses ownership rights, confidentiality obligations, term conditions, and dispute resolution mechanisms within the Belgian legal framework.

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Cross License

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What is a Cross License?

The Cross License Agreement is utilized when two or more parties possess valuable intellectual property rights and wish to establish mutual access to each other's IP portfolios. This document is particularly relevant in technology-intensive industries where companies need to navigate complex patent landscapes or when businesses want to collaborate while protecting their respective IP rights. Under Belgian law, the agreement must comply with both national intellectual property regulations (Belgian Code of Economic Law) and EU competition laws. It typically includes detailed schedules of licensed IP, specific usage rights, territorial scope, and may incorporate provisions for future developments. The agreement is essential for preventing IP disputes, fostering innovation, and enabling business cooperation while maintaining clear boundaries of IP ownership and usage rights.

What sections should be included in a Cross License?

1. Parties: Identification and details of the contracting parties, including registered addresses and company registration numbers

2. Background: Context of the agreement, including each party's intellectual property rights and business relationship

3. Definitions: Defined terms used throughout the agreement, including technical terms, IP categories, and territory definitions

4. Grant of License: Mutual licensing provisions, including scope, field of use, and territory for each party's licensed IP

5. License Restrictions: Specific limitations on the use of licensed IP, including field restrictions and prohibited activities

6. Sublicensing Rights: Terms governing whether and how parties can sublicense the licensed IP to third parties

7. Ownership and New Developments: Clarification of IP ownership and rights to improvements or developments

8. Confidentiality: Obligations regarding the protection and use of confidential information

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

10. Post-Termination Obligations: Obligations that survive termination and wind-down provisions

11. Representations and Warranties: Parties' assertions regarding IP ownership, right to license, and non-infringement

12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

What sections are optional to include in a Cross License?

1. Royalties and Payments: Financial terms if the cross-license includes monetary compensation (used when the license values are not equivalent)

2. Quality Control: Standards and inspection rights for licensed products (used for trademark or brand-related cross-licenses)

3. Patent Marking: Requirements for marking products with patent numbers (used for patent cross-licenses)

4. Most Favored Nation: Provisions ensuring each party receives terms as favorable as those given to third parties (used in competitive industries)

5. Export Control: Compliance with international trade regulations (used when licensed IP involves controlled technology)

6. Source Code Escrow: Terms for source code handling and escrow arrangements (used for software cross-licenses)

7. Patent Challenge: Provisions addressing challenges to patent validity (used for patent cross-licenses in litigious sectors)

What schedules should be included in a Cross License?

1. Schedule A - Licensed Patents: List of patents and patent applications included in the cross-license

2. Schedule B - Licensed Trademarks: List of trademarks and associated goods/services covered by the license

3. Schedule C - Licensed Technology: Description of know-how, trade secrets, and technical information being licensed

4. Schedule D - Technical Standards: Specific technical requirements or standards for implementation

5. Schedule E - Authorized Subsidiaries: List of affiliated companies authorized to use the licensed IP

6. Appendix 1 - Form of Sublicense Agreement: Template agreement for permitted sublicensing

7. Appendix 2 - Compliance Requirements: Detailed compliance procedures and reporting requirements

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

Technology

Telecommunications

Pharmaceuticals

Automotive

Electronics

Semiconductor

Manufacturing

Software Development

Biotechnology

Industrial Equipment

Relevant Teams

Legal

Intellectual Property

Research and Development

Technology Transfer

Business Development

Compliance

Innovation

Patents

Product Development

Corporate Strategy

Relevant Roles

Legal Counsel

Intellectual Property Manager

Chief Technology Officer

Patent Attorney

Licensing Manager

Research and Development Director

Chief Legal Officer

Innovation Manager

Business Development Director

Compliance Officer

Technology Transfer Manager

Patent Portfolio 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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