The Brand Licensing Agreement is a crucial legal instrument used when a brand owner wishes to permit another party to use its intellectual property rights in a controlled manner. This document, governed by Belgian law, is essential for businesses looking to expand their brand presence through licensed partnerships while maintaining control over their intellectual property. It encompasses detailed provisions for the protection of IP rights under the Belgian Code of Economic Law and Benelux Convention on Intellectual Property, including specific requirements for quality control, royalty payments, and compliance with local and EU regulations. The agreement is particularly relevant in scenarios where companies seek to leverage their brand value across new markets, products, or services while ensuring consistent brand representation and legal protection.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement, including ownership of the licensed brand and business objectives
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope of the license, including type (exclusive/non-exclusive), territory, and permitted uses
5. Licensed Rights: Detailed description of the licensed brand elements, including trademarks, logos, and other IP
6. Term and Renewal: Duration of the agreement and conditions for renewal
7. Financial Terms: License fees, royalties, payment terms, and reporting requirements
8. Quality Control: Standards, approval processes, and quality assurance requirements
9. Obligations of the Parties: Specific responsibilities of both licensor and licensee
10. Protection of IP Rights: Measures for protecting the licensed brand and handling infringement
11. Representations and Warranties: Standard warranties regarding IP ownership, authority to license, and compliance
12. Termination: Grounds for termination, notice requirements, and consequences
13. Post-Termination Obligations: Requirements after agreement ends, including return of materials and confidential information
14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Sublicensing Rights: Include when licensee is permitted to grant sublicenses
2. Minimum Performance Requirements: Include when setting specific sales or performance targets
3. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
4. Manufacturing Standards: Include for agreements involving product manufacturing
5. Distribution Requirements: Include when specific distribution channels or methods are mandated
6. Export Controls: Include when licensed products are subject to export regulations
7. Data Protection: Include when personal data processing is involved
8. Anti-Corruption Compliance: Include for international licensing arrangements
9. Insurance Requirements: Include when specific insurance coverage is required
1. Schedule 1 - Licensed Trademarks: Detailed list of all licensed trademarks, including registration numbers
2. Schedule 2 - Licensed Products/Services: Comprehensive list of products or services covered by the license
3. Schedule 3 - Brand Guidelines: Technical specifications and usage guidelines for the licensed brand
4. Schedule 4 - Quality Standards: Detailed quality control requirements and specifications
5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties
6. Schedule 6 - Approval Procedures: Step-by-step procedures for obtaining licensor approvals
7. Schedule 7 - Territory: Detailed description of geographical territories covered
8. Schedule 8 - Reporting Templates: Standard forms for required periodic reports
9. Appendix A - Style Guide: Visual guidelines for brand usage
10. Appendix B - Compliance Checklist: Checklist for regulatory and quality compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Fashion and Apparel
Food and Beverage
Entertainment
Sports
Technology
Automotive
Hospitality
Electronics
Publishing
Gaming
Pharmaceuticals
Education
Media and Entertainment
Relevant Teams
Legal
Intellectual Property
Brand Management
Commercial
Business Development
Compliance
Marketing
Finance
Quality Assurance
Corporate Affairs
Product Development
Operations
Relevant Roles
Legal Counsel
Brand Manager
Licensing Director
Intellectual Property Manager
Commercial Director
Business Development Manager
Chief Legal Officer
Contract Manager
Compliance Officer
Marketing Director
CEO
CFO
Brand Protection Manager
Trademark Attorney
Quality Assurance Manager
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