What clauses are required in a European Union Licensing Agreement?

European Union law requires specific provisions including: License Grant, Ownership & Exhaustion of Rights, Fees, Royalties & Payment. contract.diy automatically includes all mandatory clauses with proper legal citations when generating your Licensing Agreement.

What terms are prohibited in a European Union Licensing Agreement?

Under European Union law, certain provisions are void or unenforceable, including: Unjustified geographic restrictions within the EU Single Market for digital content; Terms that deprive authors/performers of fair remuneration for their works. contract.diy is built to avoid these terms and will warn you if your description suggests including something that's not legally permissible.

How does contract.diy ensure my Licensing Agreement complies with European Union law?

Every generated contract goes through 7 automated compliance checks specific to European Union. These cover mandatory provisions, prohibited terms, proper citations, and formation requirements. Any issues are flagged before you download.

Can I use this Licensing Agreement template outside of European Union?

This template is specifically tailored to European Union law. Using it in another jurisdiction may result in missing requirements or including provisions that don't apply. We recommend generating a new contract with the correct jurisdiction selected for full compliance.

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Licensing Agreement for European Union

Generate a licensing agreement that complies with European Union law — with 10 mandatory clauses and 7 compliance checks built in.

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Key legal considerations

Generate an EU IP licensing agreement. Key considerations: 1. EU COPYRIGHT DIRECTIVE (2019/790): CRITICAL for licensing. - Article 18: Fair and proportionate remuneration for authors/performers. - Article 19: Transparency obligation — licensee must provide regular exploitation reports. - Article 20: Contract adjustment mechanism if remuneration is disproportionately low. - Article 22: Revocation right if the work is not exploited. 2. IP TYPES AND EU FRAMEWORKS: - Copyright: Directive 2001/29/EC (InfoSoc) + Directive 2019/790 (DSM) - Trademarks: EU Trade Mark Regulation (2017/1001) — single EU-wide registration via EUIPO - Designs: Community Design Regulation (6/2002) — registered and unregistered protection - Patents: European Patent Convention (not EU but relevant) + Unitary Patent system - Trade Secrets: Directive 2016/943 3. EU EXHAUSTION OF RIGHTS: Once a copy is lawfully placed on the EU/EEA market with consent, distribution rights are exhausted within the EU/EEA. Important for physical goods. For digital goods, see CJEU UsedSoft (C-128/11). 4. GEO-BLOCKING: The Geo-blocking Regulation (2018/302) prohibits unjustified geographic restrictions for online sales/services within the EU. Be careful with territorial licensing restrictions for digital content. 5. IP ENFORCEMENT DIRECTIVE (2004/48/EC): Harmonises civil enforcement — injunctions, damages, seizure. 6. LATE PAYMENT DIRECTIVE: 30-day payment terms, ECB + 8% interest. 7. MORAL RIGHTS: Inalienable in most EU states. Cannot license away moral rights.

What's required

Mandatory clauses for a valid licensing agreement under European Union law.

License Grant
Ownership & Exhaustion of Rights
Directive 2001/29/EC, Article 4(2); CJEU C-128/11 (UsedSoft)
Fees, Royalties & Payment
Directive 2011/7/EU
Fair Remuneration (Authors & Performers)
Directive (EU) 2019/790, Articles 18-19
GDPR Data Processing Provisions
Regulation (EU) 2016/679 (GDPR), Articles 5, 28, 30, 32, 33
Late Payment Interest (EU Late Payment Directive)
Directive 2011/7/EU (Late Payment Directive), Articles 2, 3, 4, 6
Electronic Signature (eIDAS Compliance)
Regulation (EU) No 910/2014 (eIDAS), Article 25
Applicable Law (Rome I Regulation)
Regulation (EC) No 593/2008 (Rome I)
Severability
General contract law principle; Directive 93/13/EEC
Entire Agreement

What's prohibited

Terms and provisions that are void or unenforceable under European Union law.

Unjustified geographic restrictions within the EU Single Market for digital content
The Geo-blocking Regulation (EU 2018/302) prohibits unjustified geographic restrictions for online sales and services within the EU. The Portability Regulation (EU 2017/1128) ensures cross-border portability of online content services. Geo-blocking of digital content licensing without justification may also raise competition law concerns under Articles 101-102 TFEU.
Regulation (EU) 2018/302 (Geo-blocking); Regulation (EU) 2017/1128 (Portability); Articles 101-102 TFEU
Terms that deprive authors/performers of fair remuneration for their works
Article 18 of the EU Copyright Directive (2019/790) requires appropriate and proportionate remuneration for authors and performers. Article 22 provides a revocation right if works are not exploited. Terms that systematically deprive creators of fair compensation may be unenforceable.
Directive (EU) 2019/790, Articles 18, 20, 22

Legal references

Key statutes and regulations that govern licensing agreements in European Union.

EU Copyright Directive (Digital Single Market)
Directive (EU) 2019/790
Harmonises copyright in the Digital Single Market. Key provisions: fair remuneration for authors (Art. 18), transparency (Art. 19), contract adjustment (Art. 20), revocation for non-use (Art. 22).
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IP Enforcement Directive
Directive 2004/48/EC
Harmonises civil enforcement procedures for IP rights across the EU. Provides for injunctions, damages, seizure, and publication of judgments.
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EU Trade Mark Regulation
Regulation (EU) 2017/1001
Establishes the EU trade mark system (EUIPO). A single registration provides protection across all EU member states.
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Community Design Regulation
Regulation (EC) No 6/2002
Provides EU-wide protection for designs (registered and unregistered Community designs).
Geo-blocking Regulation
Regulation (EU) 2018/302
Prohibits unjustified geographic restrictions for online sales and services within the EU.