The Non-Perpetual License Agreement serves as a crucial legal instrument in the Philippine business environment, facilitating the temporary transfer of intellectual property rights while maintaining the original owner's control. This document is essential when businesses or individuals need to grant time-limited rights to use their intellectual property, software, technology, or other protected assets without transferring ownership. The agreement ensures compliance with Philippine intellectual property laws, including the Intellectual Property Code (Republic Act No. 8293) and the Technology Transfer Act. It's particularly valuable in commercial transactions where temporary access to proprietary assets is required, providing clear parameters for usage, payment terms, and termination conditions while protecting both parties' interests under Philippine jurisdiction.
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1. Parties: Identification of the licensor and licensee with complete legal names and addresses
2. Background: Context of the agreement, description of the intellectual property being licensed, and the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Specific terms of the license grant, including scope, territory, and duration
5. License Fee and Payment Terms: Details of license fees, payment schedule, and payment methods
6. Term and Termination: Duration of the license, renewal terms, and circumstances for termination
7. Intellectual Property Rights: Confirmation of IP ownership and protection of rights
8. Warranties and Representations: Standard warranties regarding ownership, right to license, and non-infringement
9. Limitation of Liability: Limitations on parties' liability and exclusions
10. Confidentiality: Protection of confidential information exchanged during the license period
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Sublicensing Rights: Include when licensee is permitted to sublicense the intellectual property to third parties
2. Technical Support and Maintenance: Include when the license includes ongoing support or maintenance services
3. Quality Control: Include for trademark or brand-related licenses requiring quality standards
4. Export Control: Include when the licensed property may be subject to export restrictions
5. Source Code Escrow: Include for software licenses where source code access may be required under certain conditions
6. Data Protection: Include when personal data processing is involved in the licensed activities
7. Insurance Requirements: Include when specific insurance coverage is required for the licensed activities
1. Schedule A - Licensed Property: Detailed description of the intellectual property being licensed
2. Schedule B - License Fees: Detailed breakdown of all applicable fees, payment schedules, and calculation methods
3. Schedule C - Technical Specifications: Technical details and requirements for the licensed property
4. Schedule D - Service Level Agreement: Performance standards and metrics if technical support is included
5. Schedule E - Approved Use Cases: Specific approved uses and applications of the licensed property
6. Appendix 1 - Contact Details: Key contacts for both parties for various purposes (technical, legal, billing)
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Media and Entertainment
Pharmaceuticals
Telecommunications
Consumer Goods
Research and Development
Healthcare
Education
Professional Services
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Research and Development
Information Technology
Compliance
Finance
Operations
Risk Management
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Director
Commercial Director
Chief Technology Officer
Business Development Manager
Contract Administrator
Compliance Officer
Chief Legal Officer
Technology Transfer Officer
Innovation Manager
Product Manager
Research Director
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