The Patent Sharing Agreement serves as a crucial legal instrument in Indonesia's intellectual property landscape, facilitating collaboration and innovation between various entities. This document is essential when multiple parties wish to share, commercialize, or jointly exploit patent rights while maintaining compliance with Indonesian legal requirements, particularly Law No. 13 of 2016 on Patents. It is commonly used in situations involving technology transfer, joint research and development projects, or strategic partnerships where patent rights need to be shared or cross-licensed. The agreement comprehensively addresses aspects such as scope of rights, territorial limitations, financial arrangements, and regulatory compliance, while incorporating specific requirements for technology transfer and foreign investment under Indonesian law.
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1. Parties: Identification of all parties to the agreement, including their legal status and registered addresses
2. Background: Context of the agreement, including brief description of the patents involved and the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms related to the patents
4. Subject Matter: Detailed description of the patents being shared, including registration numbers and jurisdictions
5. Grant of Rights: Specific rights being granted to each party regarding the use, exploitation, and commercialization of the patents
6. Term and Territory: Duration of the agreement and geographical scope of the patent sharing arrangement
7. Financial Terms: Payment obligations, royalties, and other financial arrangements between the parties
8. Maintenance and Prosecution: Responsibilities for maintaining the patents and prosecuting infringements
9. Representations and Warranties: Parties' assertions regarding ownership, validity, and right to license the patents
10. Confidentiality: Obligations regarding the protection of confidential information shared under the agreement
11. Termination: Circumstances under which the agreement may be terminated and the consequences of termination
12. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution mechanisms
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Improvements: Terms regarding rights to improvements made to the shared patents, used when future developments are anticipated
2. Sub-licensing Rights: Terms governing the ability to sub-license the patents to third parties, included when sub-licensing is permitted
3. Quality Control: Standards and requirements for products made using the patents, included for manufacturing-related patents
4. Registration: Provisions regarding registration of the agreement with Indonesian authorities, required for certain types of patent sharing
5. Technology Transfer: Terms regarding technical assistance and knowledge transfer, included when technical support is part of the arrangement
6. Export Controls: Compliance with export control regulations, included when international trade is involved
7. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, included for agreements between competitors
1. Schedule A - Patent Specifications: Detailed technical specifications and registration details of all patents covered by the agreement
2. Schedule B - Licensed Products: List and specifications of products that may be manufactured under the patent sharing arrangement
3. Schedule C - Financial Terms: Detailed breakdown of royalty calculations, payment terms, and other financial arrangements
4. Schedule D - Technical Standards: Technical requirements and quality standards for implementation of the patents
5. Schedule E - Registered Users: List of authorized users and entities permitted to use the patents
6. Appendix 1 - Patent Registration Certificates: Copies of official patent registration certificates
7. Appendix 2 - Technical Documentation: Supporting technical documentation and drawings related to the patents
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Pharmaceuticals
Biotechnology
Electronics
Automotive
Telecommunications
Chemical
Agriculture
Energy
Medical Devices
Software Development
Industrial Equipment
Consumer Products
Research and Development
Relevant Teams
Legal
Intellectual Property
Research and Development
Business Development
Technology Transfer
Innovation
Corporate Strategy
Licensing
Patents
Commercial
Relevant Roles
Intellectual Property Manager
Legal Counsel
Patent Attorney
Technology Transfer Officer
Research and Development Director
Chief Technology Officer
Innovation Manager
Licensing Manager
Business Development Director
Corporate Counsel
Patent Portfolio Manager
Chief Legal Officer
Technology Commercialization Manager
Head of Intellectual Property
Strategic Alliance Manager
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