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Royalty Share Agreement

Royalty Share Agreement Template for India

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Key Requirements PROMPT example:

Royalty Share Agreement

"I need a Royalty Share Agreement for licensing our software patent to a US-based technology company, starting from March 2025, with quarterly royalty payments of 5% of net revenue and including provisions for source code escrow and quality control requirements."

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Document background
The Royalty Share Agreement serves as a crucial legal instrument in the Indian business landscape for establishing and managing royalty-based relationships between rights holders and those who wish to exploit those rights. This document is essential when parties seek to commercialize intellectual property, creative works, or proprietary technologies in exchange for ongoing financial compensation based on usage or sales. The agreement must comply with Indian contract law principles, relevant intellectual property statutes, and tax regulations, while potentially also addressing foreign exchange requirements if international parties are involved. It typically includes detailed provisions for calculating royalties, payment schedules, reporting requirements, audit rights, and quality control measures, making it particularly important in industries where intellectual property licensing is common.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the agreement, including brief description of the intellectual property or assets involved

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

4. Grant of Rights: Specific rights being granted and the scope of usage permitted

5. Calculation of Royalties: Formula and methodology for calculating royalty payments

6. Payment Terms: Payment schedule, method, currency, and related financial terms

7. Reporting and Audit Rights: Requirements for financial reporting and rights to audit royalty calculations

8. Representations and Warranties: Statements of fact and promises made by each party

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Confidentiality: Obligations regarding confidential information shared during the agreement

11. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution

12. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Quality Control: For trademark or brand-related royalties, specifying quality standards and control measures

2. Minimum Guarantee: When there's a minimum royalty payment requirement regardless of actual sales/usage

3. Territory Restrictions: For agreements limited to specific geographic regions or markets

4. Sub-licensing Rights: When the licensee is permitted to sub-license the rights to third parties

5. Marketing and Promotion: Requirements or restrictions regarding marketing of the licensed property

6. Force Majeure: Provisions for unforeseen circumstances affecting agreement performance

7. Currency Exchange: For international agreements involving multiple currencies

8. Tax Provisions: Detailed tax obligations and withholding requirements for cross-border payments

9. Competition Restrictions: Non-compete clauses and other competitive restrictions

Suggested Schedules

1. Schedule A - Licensed Property: Detailed description of the intellectual property or assets subject to royalties

2. Schedule B - Royalty Rates: Detailed breakdown of royalty rates, including any tiered structure

3. Schedule C - Calculation Examples: Examples of royalty calculations for clarity

4. Schedule D - Reporting Template: Standard format for periodic royalty reports

5. Schedule E - Approved Products/Services: List of products or services covered under the agreement

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

7. Appendix 1 - Quality Standards: Detailed quality requirements and specifications if applicable

8. Appendix 2 - Authorized Sub-licensees: List of approved sub-licensees if sub-licensing is permitted

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 and Software

Entertainment and Media

Publishing

Manufacturing

Pharmaceuticals

Biotechnology

Fashion and Retail

Music Industry

Gaming

Research and Development

Consumer Products

Industrial Design

Automotive

Relevant Teams

Legal

Finance

Business Development

Intellectual Property

Commercial

Licensing

Research and Development

Business Affairs

Accounts

Corporate Strategy

Relevant Roles

Legal Counsel

Intellectual Property Manager

Business Development Manager

Finance Director

Licensing Manager

Contract Administrator

Chief Financial Officer

Commercial Director

Rights Manager

Patent Attorney

Trademark Attorney

Royalty Administrator

Business Affairs Manager

Chief Legal Officer

Chief Technology Officer

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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