The Trade Secret License Agreement is essential for businesses operating under Dutch law who need to commercially exploit their confidential information while maintaining its secrecy. This document becomes necessary when a company wants to generate value from its trade secrets by allowing another party to use them under controlled conditions. The agreement must comply with the Dutch Trade Secrets Protection Act and EU Trade Secrets Directive, providing comprehensive protection while enabling commercial exploitation. It typically includes detailed technical specifications, security protocols, and usage restrictions, making it suitable for various industries from technology to manufacturing. The document is particularly crucial in situations involving valuable manufacturing processes, proprietary formulas, customer lists, or technical know-how that require sharing while maintaining strict confidentiality.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement, relationship between parties, and purpose of the license
3. Definitions: Detailed definitions of trade secrets, confidential information, permitted use, and other key terms
4. Grant of License: Scope and nature of the license, including territory, field of use, and duration
5. Confidentiality Obligations: Detailed obligations regarding protection and non-disclosure of trade secrets
6. Security Measures: Required technical and organizational measures to protect trade secrets
7. Permitted Recipients: Definition and requirements for those allowed to access the trade secrets
8. License Fee and Payment Terms: Financial terms, including royalties, payment schedule, and reporting requirements
9. Quality Control: Standards and requirements for use of trade secrets
10. Record Keeping: Requirements for maintaining records of trade secret usage and access
11. Representations and Warranties: Statements regarding ownership, right to license, and non-infringement
12. Term and Termination: Duration of agreement and grounds for termination
13. Post-Termination Obligations: Obligations surviving termination, including ongoing confidentiality duties
14. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for disputes
1. Sublicensing Rights: Include when licensee may need to grant sublicenses to affiliates or third parties
2. Improvements: Include when parties anticipate developments or improvements to the trade secrets
3. Joint Development: Include when parties will collaborate to develop new intellectual property
4. Export Control: Include when trade secrets involve technology subject to export regulations
5. Source Code Escrow: Include when trade secrets include software components
6. Training and Support: Include when licensor will provide technical support or training
7. Insurance: Include when specific insurance coverage is required for high-value trade secrets
8. Change of Control: Include when license rights should be affected by corporate changes
1. Schedule 1 - Licensed Trade Secrets: Detailed description of all trade secrets covered by the license
2. Schedule 2 - Security Protocols: Specific security measures and procedures required for protection
3. Schedule 3 - Authorized Personnel: List of individuals authorized to access trade secrets
4. Schedule 4 - Fee Schedule: Detailed breakdown of license fees, royalties, and payment terms
5. Schedule 5 - Required Notices and Markings: Specific marking requirements for confidential materials
6. Appendix A - Technical Documentation: Technical specifications and implementation guidelines
7. Appendix B - Reporting Templates: Standard forms for required periodic reporting
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology & Software
Manufacturing & Industrial
Chemical & Pharmaceuticals
Food & Beverage
Automotive
Aerospace & Defense
Research & Development
Professional Services
Energy & Resources
Biotechnology
Electronics
Consumer Products
Industrial Processing
Relevant Teams
Legal
Intellectual Property
Research & Development
Information Security
Business Development
Operations
Technology Transfer
Executive Leadership
Manufacturing
Innovation
Commercial
Risk & Compliance
Relevant Roles
Chief Legal Officer
Intellectual Property Counsel
Head of Research & Development
Chief Technology Officer
Business Development Director
Licensing Manager
Corporate Counsel
Innovation Director
Chief Information Security Officer
Technology Transfer Officer
Commercial Director
Chief Executive Officer
Head of Operations
Manufacturing Director
Research Scientist
Product Development Manager
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