Licensing & assignment agreements|
The exclusive rights to registered objects of intellectual property (i.e. trademarks, inventions, utility models, industrial designs etc.) may be assigned. The right of use of any and all of these items may be granted under a license or a franchise agreement. These types of contracts are provided and by the Russian Civil Code and regulated in details.
So all property agreements are the subject of obligatory registration in the Russian Patent and Trademark Office. Such agreement should be invalid if it is not registered.
Changes to the general provisions of a license or a franchise agreement, as well as early termination thereof, should also be registered with the accordance of established procedure.
Note: Trademark assignment is deemed as illicit and should not be registered if it deceive consumers with regard to the goods or to the manufacturer thereof;
the period for which a license contract is effected should not exceed the validity period of the exclusive rights in the certain result of intellectual activity or means of ascertainment;
disposal of exclusive rights in protected designations of origin and geographical indications is prohibited.
A license contract should contain the following binding terms:
the specified subject of the agreement (the national or international registration date and number);
the explicitly stated duration and amount of use of the rights transferred (including territory, types of goods and services for the purposes of trademark use etc.);
the means of use of the specified intellectual property item;
the type of the agreement (exclusive or non-exclusive license);
a stipulation providing that the quality of the goods/services produced by the licensee will not be inferior to the quality of the licensor’s goods/services (refers to the use of trademarks);
the agreement price or cost determination terms (if a free license is not implied).
We provide the advice on the whole range of legal issues about licensing and transfer of intellectual property rights, providing comprehensive and customer-centric approach.
We help business to take all the particularities into consideration and to meet all the legal requirements applied to the commercial use of various IP objects (including trade secrets and copyrighted materials) in Russia.
Note: Please get sure that the subject matter of a certain agreement on industrial property is duly registered with the Russian Patent & Trademark Office prior to launching a licensing campaign or other means of use thereof.