The Patent License Agreement serves as a crucial legal instrument in Indonesia's intellectual property landscape, enabling patent owners to commercialize their innovations while maintaining control over their intellectual property rights. This document is essential when a party wishes to grant another entity the right to use, manufacture, or sell products incorporating their patented technology. Governed by Indonesian law, particularly Law No. 13 of 2016 on Patents, the agreement must be registered with the Directorate General of Intellectual Property to be enforceable against third parties. It typically includes detailed provisions on technical specifications, quality standards, royalty calculations, and territorial restrictions, while ensuring compliance with Indonesian competition law and investment regulations. The agreement is particularly valuable for technology transfer arrangements, cross-border licensing, and domestic innovation partnerships.
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1. Parties: Identification of the licensor and licensee with their full legal details
2. Background: Context of the agreement including patent ownership and purpose of the license
3. Definitions: Detailed definitions of technical terms, patent rights, and other key concepts used in the agreement
4. Grant of License: Scope of the license, including territory, exclusivity, and field of use restrictions
5. Patent Rights: Specific details of the licensed patents including registration numbers and jurisdictions
6. License Fees and Royalties: Financial terms including upfront payments, running royalties, and payment mechanisms
7. Records and Audit Rights: Requirements for maintaining records and licensor's audit rights
8. Quality Control: Standards and requirements for products manufactured under the license
9. Improvements and New Developments: Rights and obligations regarding improvements to the licensed technology
10. Representations and Warranties: Standard warranties regarding patent ownership and validity
11. Infringement: Procedures for dealing with third-party infringement and infringement claims
12. Term and Termination: Duration of the agreement and termination provisions
13. Confidentiality: Protection of confidential information exchanged under the agreement
14. Governing Law and Dispute Resolution: Choice of law and dispute resolution mechanisms
15. General Provisions: Standard boilerplate clauses including notices, assignment, and amendment procedures
1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses
2. Cross-licensing Provisions: Include when parties are exchanging patent rights
3. Development Rights: Include when licensee has rights to develop new products based on the patent
4. Manufacturing Rights: Include when license includes right to manufacture patented products
5. Export Restrictions: Include when there are territorial restrictions on export
6. Technology Transfer: Include when technical assistance or know-how transfer is part of the agreement
7. Regulatory Compliance: Include when licensed products require specific regulatory approvals
8. Insurance Requirements: Include when specific insurance coverage is required
9. Parent Company Guarantee: Include when additional security is required from licensee's parent company
1. Schedule 1 - Licensed Patents: Detailed list of all licensed patents including registration numbers and jurisdictions
2. Schedule 2 - Technical Specifications: Technical details and specifications of the licensed technology
3. Schedule 3 - Royalty Calculations: Detailed methodology for calculating royalties
4. Schedule 4 - Quality Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Reporting Templates: Standard forms for periodic reporting of sales and royalty calculations
6. Appendix A - Trademark Usage Guidelines: If applicable, guidelines for using associated trademarks
7. Appendix B - Technical Documentation: Supporting technical documentation and drawings
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Electronics
Telecommunications
Automotive
Chemical
Medical Devices
Consumer Products
Industrial Equipment
Software Development
Clean Energy
Agricultural Technology
Aerospace
Relevant Teams
Legal
Intellectual Property
Research and Development
Technology Transfer
Business Development
Commercial
Engineering
Product Development
Compliance
Finance
Technical Operations
Relevant Roles
Chief Technology Officer
Intellectual Property Manager
Patent Attorney
Legal Counsel
Licensing Manager
Research and Development Director
Innovation Manager
Technology Transfer Officer
Business Development Manager
Commercial Director
Chief Legal Officer
Patent Engineer
Technology Commercialization Manager
Intellectual Property Specialist
Contract Manager
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