Patent Sharing Agreement Template for Malaysia

The Patent Sharing Agreement serves as a crucial legal instrument for organizations seeking to collaborate through patent licensing or cross-licensing arrangements in Malaysia. This document is particularly relevant when companies, research institutions, or other entities wish to share their patent portfolios, facilitate technology transfer, or establish strategic technological partnerships. The agreement must comply with Malaysian Patents Act 1983, Patents Regulations 1986, and Competition Act 2010, making it suitable for both domestic and international parties operating within Malaysian jurisdiction. It typically includes comprehensive details about patent rights, licensing terms, territorial restrictions, royalty structures, and mechanisms for handling future improvements or modifications to the licensed patents.

1. Parties: Identification of all parties to the agreement, including their legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, including brief description of parties' businesses and their patent portfolios

3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms, patent-specific terminology, and agreement-specific concepts

4. Grant of Rights: Specific rights being granted by each party, including scope of patent licenses, territorial limitations, and field of use restrictions

5. Payment Terms: Financial terms including licensing fees, royalties, payment schedules, and calculation methods

6. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

7. Confidentiality: Obligations regarding protection of confidential information exchanged during the agreement

8. Representations and Warranties: Parties' assertions regarding patent ownership, validity, and right to enter into agreement

9. Infringement: Procedures for handling third-party infringement and infringement claims

10. Liability and Indemnification: Allocation of risks and responsibilities between parties

11. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law

12. General Provisions: Standard boilerplate clauses including notices, assignment, and amendment procedures