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Standard Licensing Agreement for India

Standard Licensing Agreement Template for India

A Standard Licensing Agreement under Indian law is a comprehensive legal document that establishes the terms and conditions under which one party (the licensor) grants another party (the licensee) the right to use specific intellectual property, technology, or other proprietary assets. This agreement is governed by Indian legislation, including the Indian Contract Act 1872, relevant IP laws, and sector-specific regulations. It covers essential elements such as license scope, duration, territory, payment terms, quality control, and compliance requirements, while incorporating specific Indian legal requirements and dispute resolution mechanisms.

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What is a Standard Licensing Agreement?

The Standard Licensing Agreement serves as a fundamental legal instrument in Indian business transactions where intellectual property, technology, or proprietary assets need to be licensed between parties. This document is essential when one party wishes to grant another the right to use, manufacture, distribute, or otherwise exploit specific assets while retaining ownership. The agreement is structured to comply with Indian legal requirements, including the Indian Contract Act 1872, relevant intellectual property laws, and industry-specific regulations. It typically includes detailed provisions on license scope, territory restrictions, royalty calculations, quality control measures, and termination rights. The Standard Licensing Agreement is particularly crucial in sectors involving technology transfer, brand licensing, or patent commercialization, and can be adapted to accommodate both domestic and international licensing arrangements while ensuring compliance with Indian foreign exchange regulations when applicable.

What sections should be included in a Standard Licensing Agreement?

1. Parties: Identification of the licensor and licensee with full legal names and registered addresses

2. Background: Context of the agreement, including brief 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 rights being granted, including scope, territory, and whether exclusive or non-exclusive

5. Term and Termination: Duration of the license and circumstances under which it can be terminated

6. License Fees and Payment Terms: Financial terms including royalties, payment schedules, and calculation methods

7. Intellectual Property Rights: Confirmation of ownership and protection of licensed IP

8. Licensee Obligations: Key responsibilities and requirements of the licensee

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

10. Confidentiality: Protection of confidential information exchanged during the license period

11. Warranties and Representations: Assurances given by each party regarding their authority and the licensed IP

12. Indemnification: Obligations to protect against third-party claims and other liabilities

13. Governing Law and Jurisdiction: Applicable law and courts/tribunal for dispute resolution

14. General/Boilerplate Provisions: Standard legal provisions including notices, assignment, and entire agreement

What sections are optional to include in a Standard Licensing Agreement?

1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties

2. Minimum Performance Requirements: Include when license requires minimum sales or usage levels

3. Technology Transfer: Include when technical knowledge or support is part of the license

4. Audit Rights: Include when licensor needs right to audit licensee's records

5. Marketing and Promotion: Include when agreement covers marketing requirements or restrictions

6. Improvements and Modifications: Include when dealing with future improvements to the licensed IP

7. Export Control: Include for international licensing dealing with restricted technologies

8. Source Code Escrow: Include for software licensing where source code protection is needed

9. Training and Support: Include when ongoing technical support is part of the agreement

10. Insurance Requirements: Include when specific insurance coverage is required

What schedules should be included in a Standard Licensing Agreement?

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

2. Schedule 2 - License Fees and Royalty Calculations: Detailed breakdown of all financial terms and calculation methods

3. Schedule 3 - Technical Specifications: Technical details and standards for the licensed property

4. Schedule 4 - Quality Control Standards: Specific quality requirements and testing procedures

5. Schedule 5 - Territory Definition: Detailed description of geographic areas covered by the license

6. Schedule 6 - Approved Uses: Specific permitted uses of the licensed property

7. Appendix A - Reporting Templates: Standard forms for required periodic reports

8. Appendix B - Brand Guidelines: Guidelines for use of licensed trademarks or branding

9. Appendix C - Support and Maintenance Terms: Details of any technical support or maintenance provisions

10. Appendix D - Compliance Requirements: Specific regulatory or industry compliance requirements

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

India

Publisher

Ƶ

Document Type

Licensing Agreement

Cost

Free to use
Relevant legal definitions

































































Clauses


















































Relevant Industries

Technology

Software

Manufacturing

Pharmaceuticals

Media and Entertainment

Telecommunications

Automotive

Consumer Goods

Biotechnology

Education

Healthcare

Research and Development

Retail

Fashion

Gaming

Relevant Teams

Legal

Intellectual Property

Business Development

Commercial

Research and Development

Operations

Compliance

Technology Transfer

Corporate Affairs

Finance

Relevant Roles

Legal Counsel

Intellectual Property Manager

Licensing Director

Business Development Manager

Contract Manager

Chief Technology Officer

Head of Research and Development

Commercial Director

Chief Executive Officer

Chief Legal Officer

IP Rights Manager

Technology Transfer Officer

General Counsel

Compliance Officer

Operations Manager

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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