ICC Model Contract International Trademark License

No. #841E-1

The ICC Model International Trademark Licence provided by the International Chamber of Commerce (ICC) addresses the situation where the owner of a well-known trademark licenses the trademark to a company to use it on products other than those 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 main preoccupation of the licensor is to ensure that the licensed products conform to the overall image of the licensor and its trademarks.

In other cases, the licensor may want to participate directly in the development of the licensed products, particularly with respect to their design. The licensed product would be the result of a cooperation between the parties, which might give rise to a number of issues the parties should consider in the contract.

Parties are advised to use the model contract as a basis for negotiation and for drawing up their own contract, possibly with the assistance of a lawyer with expertise in international contracts.

Each ICC Model Contract includes a fully editable version in Microsoft Word, permitting you to easily adapt the contract to your specific case.

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’

This is the latest in a series of successful ICC model contracts prepared by a dedicated Task Force under the auspices of the ICC’s Commission on Commercial Law and Practice, chaired by Professor Fabio Bortolotti (Italy).

The model has benefited from the active participation of the following Task Force members: Fabio Bortolotti, Chair (Italy); Christian Aschauer (Austria); Pietro Balbiano di Colcavagno (Italy); Thierry Bonnet (France); Stanley Chaney (France); Aude Gazet-Talvande (France); Claudia Kolb (Italy); Terry Peacock (South Africa); Anne-Marie Pecoraro (France); Caroline Poux-Guillaume Kaenzig (France); Beatrice Renggli (Switzerland); Robert Valenti (Italy); Jef Vandekerckhove (Netherlands); Marco Venturello (Italy).

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