A Cross Licensing Agreement is essential when two organizations wish to leverage each other's intellectual property portfolios for mutual benefit. This document, structured under Swiss law, is particularly valuable in technology-intensive industries where companies hold complementary IP rights. It's commonly used to resolve patent disputes, enable technology sharing, or facilitate product development while avoiding potential infringement issues. The agreement covers detailed specifications of licensed IP, terms of use, territorial scope, and compliance with Swiss federal regulations including patent law, competition law, and international private law provisions. This type of agreement is particularly relevant in situations where companies need to navigate complex patent landscapes or wish to establish strategic technology partnerships.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement, including brief description of each party's business and relevant IP portfolio
3. Definitions: Detailed definitions of technical terms, IP rights, and other key concepts used in the agreement
4. Grant of License: Mutual license grants, including scope, territory, and field of use for each party
5. IP Ownership and Rights: Clear statement of ownership of existing and future IP rights
6. Term and Termination: Duration of the agreement and circumstances for termination
7. Confidentiality: Provisions for protecting confidential information exchanged under the agreement
8. Representations and Warranties: Each party's assertions regarding IP ownership and right to license
9. Indemnification: Mutual indemnification obligations for IP infringement claims
10. Dispute Resolution: Procedures for resolving disputes, including applicable law and jurisdiction
11. General Provisions: Standard boilerplate clauses including notices, assignment, and amendment procedures
1. Financial Terms: Include when monetary compensation or royalties are part of the cross-licensing arrangement
2. Technical Support and Documentation: Include when one or both parties need to provide technical assistance or documentation
3. Quality Control: Include for agreements involving trademarks or brand-sensitive IP
4. Export Control: Include when licensed technology is subject to export control regulations
5. Source Code Escrow: Include when software source code is part of the licensed IP
6. Performance Requirements: Include when specific performance metrics or standards must be met
7. Improvement Clauses: Include when parties want to address rights to future improvements of licensed IP
8. Data Protection: Include when personal data processing is involved in the licensed technology
1. Schedule A - Licensed Patents: Detailed list of patents included in the cross-license
2. Schedule B - Licensed Trademarks: Detailed list of trademarks included in the cross-license
3. Schedule C - Licensed Copyright Works: Detailed list of copyrighted works included in the cross-license
4. Schedule D - Technical Specifications: Technical details and specifications of licensed technology
5. Schedule E - Quality Control Standards: Quality standards and compliance requirements if applicable
6. Schedule F - Royalty Calculations: Details of any financial calculations or royalty structures if applicable
7. Schedule G - Support Services: Description of technical support services if included
8. Appendix 1 - Contact Information: Key contacts for technical, legal, and administrative matters
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Cross Licensing Agreement
A Swiss law-governed bilateral agreement enabling mutual licensing of intellectual property rights between two parties.
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