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Sub Licence Agreement for Australia

Sub Licence Agreement Template for Australia

An Australian-law governed agreement that enables a licensee to grant rights to a third party (sub-licensee) to use specific intellectual property or technology that the licensee has obtained rights to under a head license. This document establishes the terms and conditions for the sub-licensed rights, including scope, territory, payment terms, quality control requirements, and compliance with the head license. It incorporates Australian intellectual property laws, competition regulations, and consumer protection requirements while establishing clear mechanisms for monitoring, enforcement, and dispute resolution.

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Sub Licence Agreement

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What is a Sub Licence Agreement?

The Sub Licence Agreement is a crucial document used when a licensee wishes to extend their licensed rights to third parties in Australia. This agreement is particularly relevant when companies need to expand their distribution networks, create strategic partnerships, or monetize their licensed intellectual property rights. The document carefully balances the interests of all parties while ensuring compliance with the head license terms and Australian legal requirements. It typically includes detailed provisions about the scope of rights, territorial limitations, quality control measures, reporting requirements, and commercial terms. The agreement must comply with Australian intellectual property laws, competition law, and relevant industry regulations, while also maintaining alignment with the head license terms. This type of agreement is commonly used in technology transfers, franchise arrangements, and intellectual property commercialization strategies.

What sections should be included in a Sub Licence Agreement?

1. Parties: Identifies the sub-licensor and sub-licensee, including their legal status and registered addresses

2. Background: Establishes the context, including reference to the head license and authority to grant sub-license

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Grant of Sub-License: Specifies the rights being granted, including scope, territory, and any restrictions

5. Term and Termination: Duration of the sub-license and circumstances for termination

6. Fees and Payment: Details of license fees, royalties, payment terms and conditions

7. Sub-Licensee Obligations: Key responsibilities and restrictions on the sub-licensee

8. Intellectual Property Rights: Protection of IP rights, ownership, and infringement provisions

9. Quality Control: Standards and requirements for use of the licensed property

10. Confidentiality: Protection of confidential information and trade secrets

11. Warranties and Representations: Statements of fact and promises by both parties

12. Liability and Indemnification: Risk allocation and protection against claims

13. General Provisions: Standard legal clauses including notices, assignment, governing law

What sections are optional to include in a Sub Licence Agreement?

1. Export Control: Required when the licensed material is subject to export regulations

2. Data Protection: Needed when personal data processing is involved in the licensed activities

3. Source Code Escrow: For software sub-licenses where source code protection is required

4. Performance Requirements: When specific performance metrics or minimum requirements apply

5. Training and Support: If technical support or training is part of the sub-license arrangement

6. Insurance: When specific insurance coverage is required for the licensed activities

7. Compliance with Head License: Detailed provisions ensuring alignment with head license terms when needed

8. Sub-Sub-Licensing Rights: If further sub-licensing is permitted, including conditions and restrictions

What schedules should be included in a Sub Licence Agreement?

1. Schedule 1 - Licensed Property: Detailed description of the intellectual property being sub-licensed

2. Schedule 2 - Head License Extract: Relevant terms from the head license that affect the sub-license

3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

4. Schedule 4 - Technical Specifications: Technical requirements and specifications for using the licensed property

5. Schedule 5 - Quality Control Guidelines: Detailed quality control procedures and standards

6. Schedule 6 - Territory: Detailed description of geographical or market limitations

7. Appendix A - Approved Use Cases: Specific approved applications or uses of the licensed property

8. Appendix B - Reporting Templates: Standard forms for required reporting and monitoring

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Licensing Agreement

Sector

Cost

Free to use
Relevant legal definitions













































Clauses



































Relevant Industries

Technology

Software Development

Pharmaceuticals

Biotechnology

Manufacturing

Media and Entertainment

Telecommunications

Research and Development

Consumer Goods

Retail

Healthcare

Education

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Compliance

Operations

Technology Transfer

Partnerships

Research and Development

Strategy

Licensing

Relevant Roles

Legal Counsel

Intellectual Property Manager

Licensing Manager

Commercial Director

Business Development Manager

Chief Technology Officer

Compliance Officer

Contract Manager

Chief Legal Officer

IP Rights Administrator

Technology Transfer Officer

Partnership Manager

General Counsel

Operations Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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