A Name Licensing Agreement is a crucial legal instrument used when one party (the licensor) grants another party (the licensee) the right to use a specific name, brand, or trademark in their business operations. This document is particularly relevant in the Australian business context, where it must comply with federal legislation including the Trade Marks Act 1995 (Cth) and the Competition and Consumer Act 2010 (Cth). The agreement is essential for businesses seeking to leverage established names or brands, celebrities licensing their names for commercial use, or companies expanding through licensed branding. It typically includes detailed provisions for usage rights, quality control, financial terms, territorial restrictions, and termination conditions, all structured to ensure compliance with Australian legal requirements and business practices.
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1. Parties: Identifies and provides full details of the licensor and licensee
2. Background: Establishes the context, including the licensor's ownership of the name and the licensee's desire to use it
3. Definitions: Defines key terms used throughout the agreement
4. Grant of License: Specifies the exact rights being granted and any territorial limitations
5. License Fee and Payment Terms: Details the financial arrangements, including initial fees, royalties, and payment schedules
6. Quality Control: Establishes standards for use of the licensed name and oversight mechanisms
7. Use of the Licensed Name: Specifies permitted and prohibited uses of the licensed name
8. Term and Termination: Defines the duration of the agreement and circumstances for termination
9. Warranties and Representations: States the parties' assurances regarding their rights and capabilities
10. Infringement: Addresses procedures for dealing with third-party infringement
11. Confidentiality: Protects confidential information exchanged during the agreement
12. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment
1. Sub-licensing Rights: Include when the licensee is permitted to sub-license the name to others
2. International Use: Include when the license extends to multiple jurisdictions
3. Marketing and Promotion: Include when specific marketing requirements or restrictions apply
4. First Right of Refusal: Include when granting the licensee priority rights for additional licensing opportunities
5. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court litigation
6. Insurance: Include when requiring specific insurance coverage for the licensed name use
7. Change of Control: Include when the agreement needs to address ownership changes of either party
1. Schedule 1 - Licensed Name Specifications: Detailed description and representations of the licensed name
2. Schedule 2 - Territory: Detailed description of geographic areas where the license applies
3. Schedule 3 - Quality Control Standards: Specific quality control requirements and procedures
4. Schedule 4 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
5. Schedule 5 - Approved Uses: Specific examples and guidelines for permitted uses of the licensed name
6. Appendix A - Style Guide: Guidelines for visual and textual representation of the licensed name
7. Appendix B - Approval Procedures: Detailed procedures for obtaining approval for new uses of the licensed name
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Retail
Entertainment
Fashion
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Merchandising
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Relevant Teams
Legal
Intellectual Property
Brand Management
Commercial
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Compliance
Marketing
Risk Management
Corporate Affairs
Operations
Relevant Roles
Legal Counsel
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Brand Manager
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Business Development Manager
Contract Administrator
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