ICC Model International Trademarks Licence

This Trademark License addresses the situation where the owner of a well-known trademark licenses the trademark to another company. It will use it with respect to products not manufactured or sold by the licensor. In this case, it is assumed that the licensed products will be designed and developed by the licensee. The licensor’s main preoccupation is to ensure that the licensed products conform to their own overall image. Its trademarks parties are advised to use ICC Model International Trademark License as a basis for negotiation. It can also be used to draw up their own contracts, possibly with the assistance of a lawyer with international expertise.

Licensing trademarks is a staple of modern business practice, affecting large and small companies alike, across the spectrum of industries. In order to provide businesses with an accessible resource for a subset of trademark licensing transactions, ICC has prepared this Model agreement.

This model is designed for use by non-specialists. It covers situations where the owner of a known trademark licenses the mark to a foreign manufacturer of products. As with existing ICC model contracts, the model seeks to balance the interests of the licensor and licensee across a range of industries. It provides comprehensive notes and guidance regarding issues requiring consideration by the parties.

Details:

Table of contents: 

• Foreword
• Introduction
• ICC Model International Trademark Licence
• Annex A Products and Territory
• Annex B Trademarks
• Annex C Payments
• Annex D Products to Be Developed (Article 6.1).
• Annex E Definition of Corporate Image
• Appendices Appendix I ICC Force Majeure Clause 2003
• Appendix II ICC Confidentiality Clause 2006
• Appendix III UNIDROIT Principles of International Commercial Contracts 2004
• Appendix IV Sample Definitions of ‘Corporate Image’