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Royalty Bearing License Template for Philippines

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Key Requirements PROMPT example:

Royalty Bearing License

"I need a Royalty Bearing License agreement under Philippine law for licensing our patented manufacturing process to a local manufacturer, with quarterly royalty payments of 5% of net sales and minimum annual performance requirements, to be effective from March 1, 2025."

Document background
The Royalty Bearing License agreement is essential for businesses and individuals seeking to monetize their intellectual property rights while maintaining control over their usage in the Philippine market. This document type is particularly relevant when the IP owner (licensor) grants rights to another party (licensee) in exchange for ongoing royalty payments, typically calculated as a percentage of revenue or units sold. The agreement must comply with Philippine intellectual property laws, particularly the Intellectual Property Code (Republic Act No. 8293) and related regulations. It's commonly used in technology transfers, brand licensing, patent licensing, and similar arrangements where continuous commercial exploitation of IP rights is intended. The document includes crucial elements such as payment terms, quality control measures, reporting requirements, and compliance with local tax regulations on royalty payments.
Suggested Sections

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

2. Background: Context of the agreement, including description of the intellectual property and parties' authority to enter into the agreement

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

4. Grant of License: Scope of the license, including territory, exclusivity, and permitted uses

5. Term and Termination: Duration of the agreement and circumstances for termination

6. Royalty Payments: Detailed structure of royalty calculations, payment terms, currency, and payment methods

7. Record Keeping and Audit Rights: Obligations regarding financial records and licensor's audit rights

8. Intellectual Property Rights: Confirmation of ownership and protection of IP rights

9. Warranties and Representations: Warranties regarding IP ownership, right to license, and non-infringement

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

11. Indemnification: Parties' indemnification obligations for various risks

12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

13. General Provisions: Standard clauses including force majeure, notices, and amendment procedures

Optional Sections

1. Quality Control: Required for trademark licenses or when product quality standards must be maintained

2. Sublicensing Rights: Include when sublicensing is permitted

3. Export Control: Necessary for international licensing deals involving controlled technologies

4. Technical Support: Include when the licensor provides technical assistance or support

5. Improvements: Rights and obligations regarding improvements to the licensed IP

6. Minimum Performance Requirements: Include when setting minimum sales or usage targets

7. Insurance: Required when specific insurance coverage is necessary

8. Source Code Escrow: For software licenses where source code access might be needed

Suggested Schedules

1. Schedule A - Licensed Intellectual Property: Detailed description of the licensed IP, including registration numbers

2. Schedule B - Royalty Calculations: Detailed formula and examples of royalty calculations

3. Schedule C - Reporting Template: Standard format for royalty reports and calculations

4. Schedule D - Technical Specifications: Technical details of the licensed technology or products

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

6. Schedule F - Territory Definition: Detailed description of the licensed territory

7. Appendix 1 - Approved Forms: Standard forms for notices, reports, or other communications

8. Appendix 2 - Contact Details: List of key contacts and their roles for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 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 and Software

Manufacturing

Pharmaceuticals

Entertainment and Media

Telecommunications

Biotechnology

Consumer Goods

Industrial Products

Research and Development

Education and Training

Relevant Teams

Legal

Intellectual Property

Finance

Business Development

Research and Development

Compliance

Commercial Operations

Technology Transfer

Corporate Development

Tax

Relevant Roles

Intellectual Property Manager

Licensing Director

Chief Technology Officer

Legal Counsel

Commercial Director

Business Development Manager

Finance Director

Compliance Officer

Research and Development Director

Technology Transfer Officer

Contract Manager

Chief Financial Officer

IP Commercialization Manager

Corporate Counsel

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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