Transfer of rights
All agreements on transfer of exclusive rights or license agreements for use of an invention, utility model, design, trademark, service mark, software code and database are subject to mandatory registration with Rospatent (Russian Federal Service for Intellectual Property) and are not valid without registration.
Changes of contract provisions including early termination must be also registered with Rospatent
Types of agreements:
- Agreement on alienation (transfer) of copyright
- Agreement on alienation (transfer) of rights for a trademark
- Agreement on alienation (transfer) of rights for patent (for invention, industrial design, utility model)
- License agreement for a trademark and/or patent
- License agreement for copyright
- Franchise agreement (an agreement when one party transfers the rights for a certain type of business to another party based on a developed business model)
- Pledge agreement
Alienation (transfer) agreement is an agreement transferring an exclusive right for a result of intellectual activity from owner to successor (purchaser) in full: Here, exclusive right is transferred entirely, not partially.
License agreement is a form allowing a licensor to transfer to a licensee rights for partial (agreement-limited) use of the results of intellectual activities or individualization means. Grantee is responsible for using the granted right according to the provisions of the agreement. This bilateral agreement contains a reference to a list of powers transferred within the framework of exclusive right. If any use options for the exclusive rights are not listed in the agreement, it is deemed by default that the licensor did not permit such options.
Grantee’s rights for intellectual property appear only after registration by a competent state authority.
All agreements related to transfer or alienation of intellectual property have a large number of disputable aspects. These agreements are considered the most complicated civil agreements. The complexity is mostly caused by the fact that their subjects are intangible, but rather include the results of intellectual activity, which could be recorded on physical media only provisionally. It is impossible to touch them, which makes it more difficult to settle the associated legal relations. Moreover, exclusive rights are often not just assigned (alienated), but are transferred to be used by third parties within certain frameworks and based on certain rules.
VASH PATENT is your reliable partner in development and registration of a right transfer agreement.
Our experts will help compiling a patent agreement certifying the copyright for invention, utility model, and design (including international application). We will help to register a trademark, to transfer an intellectual property rights with benefits for both parties, and to prepare papers required for the procedure according to the Rospatent requirements.
Our Intellectual Property Agency employs high-skilled experts who have extensive experience and required competences to resolve any problems, even the most complicated ones.
Our patent attorneys perform all work stages, from development of documents to registration of any types of agreements with Rospatent.
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