The Licensing Contract serves as a crucial legal instrument in Indonesian commercial practice, establishing the framework for intellectual property commercialization and technology transfer. This document is essential when one party (licensor) wishes to grant another party (licensee) the right to use specific intellectual property rights while maintaining ownership. It must comply with Indonesian law, particularly the Civil Code and specific IP legislation, and may require recording with the Directorate General of Intellectual Property. The agreement is commonly used in various scenarios, including technology transfer, brand licensing, patent licensing, and software licensing, and must address specific Indonesian regulatory requirements such as language requirements, governing law provisions, and potential mandatory local content rules. The document typically includes detailed provisions on license scope, territory, payment terms, quality control, and termination rights, tailored to meet both parties' commercial objectives while ensuring regulatory compliance.
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1. Parties: Identification of the licensor and licensee, including their legal status and registered addresses
2. Background: Context of the agreement, including brief description of the intellectual property and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Specific rights being granted, including scope, territory, and exclusivity
5. Term and Termination: Duration of the license and circumstances under which it can be terminated
6. Fees and Payment Terms: License fees, royalties, payment schedule, and calculation methods
7. Intellectual Property Rights: Confirmation of ownership and protection of the licensed IP
8. Obligations of the Licensor: Licensor's responsibilities including maintenance of IP rights and technical support
9. Obligations of the Licensee: Licensee's responsibilities including quality control and reporting requirements
10. Quality Control: Standards and procedures for maintaining quality in the use of licensed IP
11. Confidentiality: Protection of confidential information exchanged during the license period
12. Warranties and Representations: Statements of fact and promises made by both parties
13. Governing Law and Dispute Resolution: Choice of Indonesian law and method of resolving disputes
14. Miscellaneous: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Sub-licensing Rights: Include when the licensee is permitted to grant sub-licenses
2. Technology Transfer: Include when the license involves transfer of technical knowledge or training
3. Export Controls: Include when the licensed IP may be subject to export restrictions
4. Improvements: Include when dealing with future improvements to the licensed IP
5. Competition Law Compliance: Include when the license might raise competition law concerns
6. Insurance: Include when specific insurance coverage is required
7. Source Code Escrow: Include for software licensing agreements
8. Local Content Requirements: Include when Indonesian regulations require local content or participation
1. Schedule 1 - Licensed Intellectual Property: Detailed description of the IP being licensed, including registration numbers
2. Schedule 2 - Territory: Detailed description of the geographic territory covered by the license
3. Schedule 3 - Technical Specifications: Technical details and standards for the licensed IP
4. Schedule 4 - Quality Control Procedures: Detailed quality control requirements and procedures
5. Schedule 5 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
6. Schedule 6 - Approved Sub-contractors: List of approved sub-contractors if applicable
7. Appendix A - Form of Reports: Templates for required periodic reports
8. Appendix B - Brand Guidelines: Guidelines for use of licensed trademarks or branding
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Pharmaceuticals
Consumer Goods
Media and Entertainment
Software and IT
Telecommunications
Biotechnology
Fashion and Retail
Education
Research and Development
Automotive
Food and Beverage
Agriculture
Energy
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Research and Development
Compliance
Technology
Finance
Operations
Marketing
Innovation
Strategy
Relevant Roles
Legal Counsel
Intellectual Property Manager
Commercial Director
Business Development Manager
Chief Technology Officer
Licensing Manager
Contract Administrator
Compliance Officer
Research and Development Director
Innovation Manager
Chief Executive Officer
Chief Legal Officer
Technology Transfer Officer
Brand Manager
Patent Attorney
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