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Civil law. Part II. License agreement (most important)

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113. LICENSE AGREEMENT

On license agreement the author or other owner of the exclusive right to the result of intellectual activity or to a means of individualization (licensor) provides or undertakes to provide to another party (to the licensee) the right to use such result or means within the limits established by the contract.

The subject contract is the right to use the result of intellectual activity or means of individualization. Regulated by part 4 of the Civil Code of the Russian Federation.

Form contracts are in writing. The contract is subject to registration with the Patent Office and without registration is considered invalid.

Period the term of the contract cannot exceed the term of the exclusive right to the result of intellectual activity or means of individualization.

Types of licenses: simple (non-exclusive) - provides for granting the licensee the right to use with the licensor retaining the right to use and the right to issue licenses to other persons; exceptional - provides for granting the licensee the right to use, preserving the right of use to the licensor, but without preserving the right to issue licenses to other persons; full - provides for granting the licensee the right to use without retaining the licensor’s right to use and the right to issue licenses to other persons; compulsory - when the court, at the request of an interested person, obliges the copyright holder to issue such a person, under conditions determined by the court, a license to use the protected result of creative activity.

Mutual rights and obligations the licensee and the licensor are determined by mutual agreement on the basis of the contract, as well as the general provisions of the civil law on transactions.

Terms of the license agreement: subject of the contract; type of license (amount of transferred rights); the territory and duration of the agreement; the amount of remuneration; rights and obligations of the parties and other conditions.

The patent owner has the right to file an application with the Patent Office for granting any person the right to use an invention, utility model or industrial design. (open license). The patent office publishes the open license at the expense of the patent owner. The open license is valid for one year from the date of publication.

The Patent Office carries out the state. registration of a patent license agreement under the terms of a simple (non-exclusive) license based on a written application of a person wishing to use an open license.

The procedure for registering license agreements is governed by the Rules for the Registration of Agreements on the Transfer of Exclusive Rights to an Invention, Utility Model, Industrial Design, Trademark, Service Mark, Registered Topology of an Integrated Circuit and the Right to Use Them, Full or Partial Transfer of the Exclusive Right to a Program for Electronic Computers and database dated April 29, 2003 No. 64.

The Government of the Russian Federation, in the interests of national security, has the right to allow the use of inventions without the consent of the patent owner, with the payment of commensurate compensation to him.

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