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Exclusive Licence Agreement

Exclusive Licence Agreement Template for Australia

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Key Requirements PROMPT example:

Exclusive Licence Agreement

"I need an Exclusive License Agreement for licensing our patented medical device technology to a manufacturer in Australia and New Zealand, with strict quality control requirements and minimum annual sales targets starting from March 2025."

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Document background
An Exclusive License Agreement is a crucial commercial arrangement used when an intellectual property owner (licensor) wishes to grant exclusive rights to another party (licensee) to exploit specific intellectual property within defined parameters. This document is particularly relevant in the Australian legal context, where it must comply with federal intellectual property laws, competition regulations, and common law principles. The agreement typically covers various forms of intellectual property including patents, trademarks, copyright, and trade secrets, detailing the scope of rights granted, territorial limitations, commercial terms, and quality control requirements. It's commonly used in commercial transactions where the licensee requires market exclusivity to justify significant investment in commercializing the licensed IP, and includes provisions for royalties, development obligations, and protection of the licensed intellectual property.
Suggested Sections

1. Parties: Identification and details of the licensor and licensee

2. Background: Context of the agreement, including description of the intellectual property and purpose of the license

3. Definitions and Interpretation: Defined terms and rules for interpreting the agreement

4. Grant of License: Scope and nature of the exclusive license, including any field of use restrictions

5. Term and Termination: Duration of the license and circumstances for termination

6. License Fees and Royalties: Financial terms including upfront payments, ongoing royalties, and payment terms

7. Intellectual Property Rights: Ownership, protection and maintenance of IP rights

8. Quality Control: Standards and requirements for licensed products/services

9. Records and Audit Rights: Requirements for maintaining records and licensor's audit rights

10. Confidentiality: Protection of confidential information exchanged under the agreement

11. Warranties and Representations: Warranties regarding IP ownership, right to license, and other key assurances

12. Indemnification: Mutual or unilateral indemnities for IP claims and other risks

13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Development Obligations: Used when licensee must develop or modify the licensed IP

2. Territory Restrictions: When license is limited to specific geographic areas

3. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses

4. Marketing and Promotion: When agreement includes specific marketing obligations

5. Regulatory Compliance: For industries with specific regulatory requirements

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

7. Performance Targets: When license includes minimum performance or sales requirements

8. Export Control: For technologies subject to export regulations

9. Insurance Requirements: When specific insurance coverage is required

Suggested Schedules

1. Schedule 1 - Licensed Intellectual Property: Detailed description of all IP being licensed

2. Schedule 2 - License Fees and Royalties: Detailed payment terms, calculations, and reporting requirements

3. Schedule 3 - Technical Specifications: Technical details and requirements for licensed products/technology

4. Schedule 4 - Quality Control Standards: Detailed quality requirements and testing procedures

5. Schedule 5 - Territory Definition: Detailed description of geographic territories if applicable

6. Schedule 6 - Performance Metrics: Specific targets and measurement criteria if applicable

7. Appendix A - Approved Form of Royalty Report: Template for required royalty reporting

8. Appendix B - Trademark Usage Guidelines: Guidelines for using licensed trademarks if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Pharmaceutical

Biotechnology

Manufacturing

Media and Entertainment

Software Development

Research and Development

Consumer Products

Telecommunications

Healthcare

Automotive

Fashion and Apparel

Gaming

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Research and Development

Innovation

Corporate Development

Technology Transfer

Compliance

Executive Leadership

Relevant Roles

Legal Counsel

Intellectual Property Manager

Commercial Director

Business Development Manager

Chief Technology Officer

Research Director

Licensing Manager

Contract Manager

Chief Executive Officer

Chief Legal Officer

Innovation Manager

Technology Transfer Officer

Commercialization Manager

Patent Attorney

General Counsel

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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