Civil law. Parts I, III and IV. Disposal of exclusive rights (most important)

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Civil law. Parts I, III and IV. Disposal of exclusive rights (most important)

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64. DISPOSAL OF THE EXCLUSIVE RIGHT

Disposition of the exclusive right it is possible in two ways: by alienating the right (concluding an agreement on the alienation of an exclusive right) or by granting the right to use an intellectual property object within the limits established by the agreement (concluding a license agreement).

On agreement on the alienation of the exclusive right one party (right holder) transfers or undertakes to transfer its exclusive right to the result of intellectual activity or to a means of individualization in full the other party (the acquirer).

Under a license agreement one party - the owner of the exclusive right to the result of intellectual activity or to a means of individualization (licensor) grants or undertakes to grant to the other party (licensee) the right to use such a result or such means within the limits stipulated by the contract.

As a general rule, these agreements are of a reimbursable, consensual and reciprocal nature.

If there is no condition on the price (the amount of remuneration or the procedure for determining it) in the compensated agreement on the disposal of the exclusive right, the agreement is considered not concluded.

Agreements on the disposal of exclusive rights are concluded, as a rule, in writing, and in the cases specified in the Civil Code of the Russian Federation, they are subject to state registration.

Types of license agreements:

1) a simple (non-exclusive) license - the licensor retains the right to issue licenses to other persons;

2) exclusive license - the licensor is not entitled to issue licenses to other persons in relation to this method of using the intellectual property object.

Unless otherwise provided by the license agreement, the license is assumed to be simple (non-exclusive).

Sublicense agreement - an agreement under which the licensee, with the written consent of the licensor, can grant the right to use the result of intellectual activity or means of individualization to another person.

Compulsory license - granting the right to use the result of intellectual activity on the basis of a court decision in cases provided for by the Civil Code of the Russian Federation.

Special legal regulation is provided for by the Civil Code of the Russian Federation for the use of the results of intellectual activity as part of complex object (movie, theatrical performance, unified technology, etc.). The organizer of the creation of a complex object acquires the right to indicate its name (name) and the right to use the corresponding results of intellectual activity under agreements on the alienation of rights (if an intellectual product is specially created for a complex object) or license agreements. At the same time, license agreements are concluded for the entire period and in respect of the entire territory of validity of the relevant exclusive right, unless otherwise provided by the agreement.

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