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Brand Licence Agreement

Brand Licence Agreement Template for India

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Key Requirements PROMPT example:

Brand Licence Agreement

"I need a Brand Licence Agreement for licensing my food products brand to a manufacturer in Mumbai, with quality control provisions and a 5% royalty on net sales, starting March 2025."

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Document background
A Brand Licence Agreement is essential when a brand owner wishes to permit another entity to use their brand in a commercial context while maintaining control over its usage and reputation. This agreement, structured under Indian law and compliant with the Trade Marks Act, 1999, defines the relationship between licensor and licensee, establishing clear parameters for brand usage, quality standards, and commercial terms. It's particularly crucial in protecting intellectual property rights while enabling business expansion through licensed partnerships. The document includes detailed provisions for royalty payments, quality control measures, territorial restrictions, and termination conditions, making it suitable for both domestic and international brand licensing arrangements in India.
Suggested Sections

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

2. Background: Context of the agreement, brand ownership details, and parties' intentions

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Grant of License: Scope of license, territory, and permitted use of the brand

5. Term and Renewal: Duration of the agreement and renewal provisions

6. Royalties and Payments: Financial terms, payment schedules, and calculation methods

7. Quality Control: Standards, approval processes, and quality maintenance requirements

8. Protection of the Brand: Obligations regarding brand protection and unauthorized use

9. Representations and Warranties: Parties' statements about their authority and brand ownership

10. Confidentiality: Protection of confidential information exchanged during the relationship

11. Termination: Grounds for termination and termination process

12. Post-Termination Obligations: Obligations after agreement ends, including brand usage cessation

13. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms

Optional Sections

1. Exclusivity Provisions: Used when granting exclusive rights in specific territories or channels

2. Sub-licensing Rights: Include when licensee is permitted to sub-license the brand

3. Digital Usage Terms: Specific provisions for online and digital brand usage

4. Marketing and Promotion: Specific requirements for brand marketing and promotion

5. Minimum Performance Requirements: Include when setting specific performance targets

6. Export Restrictions: Used when there are territorial restrictions on brand usage

7. Social Media Guidelines: Specific rules for social media brand presence

8. Corporate Social Responsibility: Include when brand has specific CSR requirements

Suggested Schedules

1. Brand Specifications: Detailed brand guidelines, logos, and usage specifications

2. Licensed Products/Services: Comprehensive list of products/services covered under the license

3. Royalty Calculations: Detailed methodology for calculating royalties

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

5. Approved Manufacturers/Suppliers: List of approved third-party manufacturers or suppliers

6. Territory Definitions: Detailed description of licensed territories

7. Approval Procedures: Step-by-step procedures for obtaining brand usage approvals

8. Reporting Templates: Standard templates 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Affiliate
Agreement
Approved Products
Brand
Brand Guidelines
Brand Standards
Business Day
Commencement Date
Confidential Information
Contract Year
Effective Date
Force Majeure Event
Gross Sales
Initial Term
Intellectual Property Rights
Licensed Products
Licensed Rights
Licensed Territory
Marketing Materials
Net Sales
Permitted Use
Quality Standards
Quarter
Renewal Term
Royalties
Royalty Period
Specifications
Sub-licensee
Term
Trademark
Trade Dress
Trade Secrets
Working Day
Clauses
Grant of License
Territory and Exclusivity
Term and Renewal
Royalties and Payments
Quality Control
Brand Usage
Intellectual Property Protection
Approvals and Consent
Audit Rights
Confidentiality
Non-Competition
Representations and Warranties
Indemnification
Insurance
Force Majeure
Assignment and Sub-licensing
Termination
Post-Termination Obligations
Governing Law
Dispute Resolution
Notices
Entire Agreement
Amendment
Severability
Waiver
Further Assurance
Counterparts
Marketing and Promotion
Compliance with Laws
Record Keeping
Reporting Requirements
Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Food and Beverage

Entertainment

Sports

Technology

Automotive

Hospitality

Education

Media and Publishing

Pharmaceuticals

Electronics

Relevant Teams

Legal

Brand Management

Commercial

Intellectual Property

Business Development

Finance

Marketing

Quality Assurance

Compliance

Operations

Relevant Roles

Legal Counsel

Brand Manager

Commercial Director

Intellectual Property Manager

Business Development Manager

Chief Executive Officer

Chief Financial Officer

Licensing Manager

Marketing Director

Quality Assurance Manager

Compliance Officer

Contract Manager

Corporate Counsel

General Counsel

Industries
Trade Marks Act, 1999: Primary legislation governing trademark registration, protection, and licensing in India. Crucial for defining the scope of brand usage and protection mechanisms.
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement. Essential for structuring the agreement's basic elements like offer, acceptance, consideration, and terms.
Competition Act, 2002: Regulates anti-competitive practices. Relevant for ensuring licensing terms don't create monopolistic situations or restrict trade unfairly.
Consumer Protection Act, 2019: Protects consumer interests. Relevant for brand usage standards and quality control provisions in the agreement.
Foreign Exchange Management Act (FEMA), 1999: Governs foreign exchange transactions. Applicable if the agreement involves international parties and cross-border royalty payments.
Income Tax Act, 1961: Relevant for taxation of royalty payments and other income generated through the brand licensing arrangement.
Information Technology Act, 2000: Applicable if the brand licensing involves digital assets or online usage of the brand.
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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