A Non-Exclusive Patent License Agreement is essential when a patent owner wishes to monetize their intellectual property while maintaining the right to grant similar licenses to other parties. This document, governed by Belgian law, is particularly useful in scenarios where multiple market players may benefit from access to the same patented technology, or when the patent owner wants to maintain flexibility in their licensing strategy. The agreement must comply with Belgian patent law, including the Patent Act of 2014, as well as EU competition regulations. It typically includes detailed provisions on license scope, territory, royalty structures, quality control, and reporting requirements. This type of agreement is commonly used in technology transfer, research commercialization, and cross-industry collaborations where exclusive rights are not necessary or desired.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement, including brief description of the patent(s) and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Specific terms of the non-exclusive license, including scope, territory, and field of use
5. Patent Rights: Detailed description of the licensed patents and associated rights
6. Payment Terms: License fees, royalties, payment schedule, and calculation methods
7. Records and Audit Rights: Requirements for maintaining records and licensor's audit rights
8. Representations and Warranties: Warranties regarding patent ownership, validity, and right to license
9. Confidentiality: Obligations regarding confidential information exchange
10. Term and Termination: Duration of the agreement and termination conditions
11. Post-Termination Obligations: Obligations that survive after agreement termination
12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction details
13. General Provisions: Standard clauses including notices, amendments, and severability
1. Improvements: Terms regarding rights to technological improvements, used when ongoing development is expected
2. Sublicensing Rights: Terms for sublicensing, if permitted
3. Quality Control: Requirements for maintaining product quality, important for manufacturing licenses
4. Technical Assistance: Terms for technical support or knowledge transfer, if part of the deal
5. Export Control: Compliance with export regulations, necessary for international licensing
6. Patent Marking: Requirements for marking products with patent numbers
7. Grant-Back Rights: Terms for licensing improvements back to the licensor
8. Competition Law Compliance: Specific provisions ensuring compliance with EU competition law
9. Dispute Resolution: Alternative dispute resolution procedures, if preferred over court litigation
1. Schedule A - Licensed Patents: Detailed list of all licensed patents including patent numbers, jurisdictions, and status
2. Schedule B - Licensed Products: Specific description of products covered by the license
3. Schedule C - Royalty Calculations: Detailed methodology for calculating royalties
4. Schedule D - Technical Specifications: Technical requirements and specifications for licensed products
5. Schedule E - Territory: Detailed description of geographic territories covered by the license
6. Schedule F - Reporting Templates: Standard forms for royalty reporting and other required reports
7. Appendix 1 - Patent Documentation: Copies of relevant patent certificates and documentation
8. Appendix 2 - Quality Standards: Detailed quality control requirements and standards
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Pharmaceuticals & Biotechnology
Manufacturing & Industrial
Telecommunications
Electronics & Semiconductors
Automotive
Chemical & Materials
Medical Devices
Research & Development
Energy & Clean Technology
Relevant Teams
Legal
Intellectual Property
Research & Development
Business Development
Finance
Compliance
Technology Transfer
Innovation
Product Development
Executive Leadership
Relevant Roles
Chief Technology Officer
Intellectual Property Counsel
Patent Attorney
Licensing Manager
Legal Counsel
Research & Development Director
Chief Legal Officer
Business Development Manager
Technology Transfer Officer
Innovation Manager
Compliance Officer
Contract Manager
Chief Executive Officer
Chief Financial Officer
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