Cross License Agreement Template for Germany

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Key Requirements PROMPT example:

Cross License Agreement

"I need a Cross License Agreement under German law for exchanging software patents and source code with a major tech company, including provisions for future improvements and joint development work starting March 2025."

Document background
The Cross License Agreement is essential in situations where companies possess complementary or potentially infringing intellectual property rights and wish to establish a mutual licensing arrangement. This document, structured under German law, is particularly valuable in technology-intensive industries where patent overlap is common. It provides a comprehensive framework for sharing intellectual property rights while ensuring compliance with German civil law, IP regulations, and EU competition laws. The agreement typically includes detailed technical specifications, quality control standards, and specific provisions for protecting confidential information. It's commonly used when companies want to avoid potential IP disputes, access each other's technology portfolios, or collaborate on technological developments. The document must carefully balance the interests of all parties while adhering to German legal requirements regarding contract formation, IP rights protection, and competition law compliance.
Suggested Sections

1. Parties: Identification of the contracting parties with full legal names and registered addresses

2. Background: Context of the agreement, including brief description of each party's relevant IP and business relationship

3. Definitions: Detailed definitions of technical terms, IP rights, and other key concepts used in the agreement

4. Grant of Rights: Mutual grant of license rights, including scope, territory, and field of use

5. License Restrictions: Specific limitations on the use of licensed IP and reserved rights

6. Technical Information and Support: Obligations regarding technical documentation and support between parties

7. Quality Control: Standards and requirements for the use of licensed IP

8. Confidentiality: Protection of confidential information exchanged under the agreement

9. Representations and Warranties: Mutual assurances regarding IP ownership and right to license

10. Indemnification: Mutual obligations to protect against third-party claims

11. Term and Termination: Duration of the agreement and conditions for termination

12. Post-Termination Obligations: Rights and obligations that survive termination

13. Governing Law and Jurisdiction: Application of German law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including assignment, notices, and amendments

Optional Sections

1. Royalties and Payments: Include if the cross-license involves monetary compensation

2. Improvements: Include if parties agree to share or license future improvements to the licensed IP

3. Sub-licensing Rights: Include if either party is permitted to sub-license the rights

4. Export Control: Include if licensed technology is subject to export control regulations

5. Source Code Escrow: Include if software is involved and source code escrow is required

6. Patent Marking: Include if patent marking requirements apply

7. Competition Law Compliance: Include if parties are competitors or in sensitive markets

8. Data Protection: Include if personal data processing is involved

9. Manufacturing Rights: Include if the license includes rights to manufacture products

Suggested Schedules

1. Schedule 1 - Licensed Patents: Detailed list of patents included in the cross-license

2. Schedule 2 - Licensed Trademarks: Detailed list of trademarks included in the cross-license

3. Schedule 3 - Licensed Copyright Works: Detailed list of copyright works included in the cross-license

4. Schedule 4 - Technical Specifications: Technical details and specifications of licensed technology

5. Schedule 5 - Quality Control Standards: Specific quality requirements and testing procedures

6. Schedule 6 - Support Services: Details of technical support and maintenance services

7. Appendix A - Contact Information: Key contacts for technical, legal, and business matters

8. Appendix B - Reporting Templates: Standard forms for required reports and notifications

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Telecommunications

Pharmaceuticals

Biotechnology

Automotive

Electronics

Semiconductor

Software Development

Manufacturing

Research & Development

Healthcare

Industrial Engineering

Consumer Electronics

Chemical Industry

Relevant Teams

Legal

Intellectual Property

Research & Development

Technology Transfer

Business Development

Innovation

Patents

Compliance

Technical Documentation

Product Development

Corporate Strategy

Licensing Operations

Relevant Roles

Chief Technology Officer

Intellectual Property Counsel

Patent Attorney

Legal Counsel

Licensing Manager

Research and Development Director

Chief Legal Officer

Technology Transfer Manager

Innovation Director

Business Development Manager

Patent Portfolio Manager

Chief Executive Officer

Chief Innovation Officer

Intellectual Property Director

Technology Licensing Specialist

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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