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Name Licensing Agreement for Australia

Name Licensing Agreement Template for Australia

This document is a comprehensive Name Licensing Agreement governed by Australian law, designed to establish and regulate the legal relationship between a name owner (licensor) and a party seeking to use the name (licensee). It encompasses all essential elements required under Australian intellectual property and contract law, including specific provisions for name usage rights, quality control measures, financial terms, and compliance with Australian Consumer Law. The agreement provides a framework for protecting the licensor's intellectual property rights while enabling the licensee to legally and effectively utilize the licensed name in their business operations within specified parameters.

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Name Licensing Agreement

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What is a Name Licensing Agreement?

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.

What sections should be included in a Name Licensing Agreement?

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

What sections are optional to include in a Name Licensing Agreement?

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

What schedules should be included in a Name Licensing Agreement?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

Cost

Free to use
Relevant legal definitions







































Clauses






































Relevant Industries

Retail

Entertainment

Fashion

Sports

Media

Consumer Goods

Hospitality

Technology

Professional Services

Education

Publishing

Manufacturing

Merchandising

Franchising

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Business Development

Compliance

Marketing

Risk Management

Corporate Affairs

Operations

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Brand Manager

Commercial Director

Licensing Manager

Business Development Manager

Contract Administrator

Compliance Officer

Chief Legal Officer

Marketing Director

CEO

Commercial Manager

Trademark Attorney

General Counsel

Risk Manager

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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