Attorneys within our Intellectual Property practice provide comprehensive legal counsel regarding the results of intellectual activity (RIA) and the equivalent means of individualization for legal entities, goods, works, services, and enterprises.

The core of our legal services in this field involves safeguarding rights to intellectual assets and means of individualization (collectively, intellectual property rights). These include exclusive rights, which constitute property rights, and, where provided by law, moral rights (personal non-property rights) and other related rights, such as resale royalty rights and rights of access.

Intellectual Property Protection: Disputes, Infringements, and Litigation

Within our Intellectual Property practice, our legal team represents authors—individuals whose creative labor resulted in the creation of an asset. It is important to note that individuals who have not made a personal creative contribution are not recognized as authors. This includes those providing only technical, advisory, organizational, or material assistance, or those solely facilitating the formalization of rights or the use of the asset. We also handle complex disputes regarding works made for hire and oversight of relevant contractual obligations.

The author of an intellectual asset holds the right of authorship and, in specific cases, the right to the author's name and other moral rights. These moral rights are inalienable and non-transferable; any waiver of these rights is considered null and void under applicable law.

The holder of the exclusive right (the right holder) is entitled to use the intellectual asset or means of individualization at their discretion in any manner not prohibited by law. This includes the authority to enjoin infringements and combat unfair competition. The right holder may dispose of the exclusive right and grant or withhold permission for third parties to use the asset. Crucially, the absence of an explicit prohibition does not constitute consent or authorization.

Intellectual Property Registration and Regulatory Liaison

Exclusive rights to certain results of intellectual activity or means of individualization are recognized and protected only upon official government registration.

Right holders are required to notify the federal executive authority for intellectual property (Rospatent) and other relevant regulatory bodies regarding any changes in registered data, such as corporate name, legal address, or contact information for correspondence. The right holder bears all risks of adverse consequences if such notifications are not filed or if inaccurate information is provided.

In cases where registration is mandatory, the assignment of exclusive rights via agreement, the pledging of such rights, or the granting of usage rights via license—as well as the transfer of rights without a contract—must also be recorded in the Unified State Register following established procedures.

Legal Services for IP Transactions and Licensing

BRACE attorneys offer strategic guidance on the management and disposal of exclusive intellectual property rights.

A right holder may dispose of their exclusive rights through any legal method, most notably by assigning the right in its entirety to another party (Assignment Agreement) or by granting specific usage rights within defined limits (License Agreement).

Under an assignment agreement, the right holder transfers the exclusive right to the assignee in full. Such agreements must be executed in writing; failure to comply with this formal requirement renders the contract void. Furthermore, the transfer of the exclusive right must be registered with the state in cases mandated by legislation.

Under a license agreement, the licensor grants the licensee the right to use the intellectual asset. Our firm structures various licensing arrangements, including:

1. Simple (Non-Exclusive) Licenses: Where the licensor retains the right to grant additional licenses to third parties.
2. Exclusive Licenses: Where the licensor is prohibited from granting licenses to other parties for the same asset within the specified scope.

Taxation and Structuring of IP Assets: Risk Mitigation

Intellectual property legislation is dynamic, continuously evolving to keep pace with modern technological realities. The rapid advancement of information technology necessitates frequent adjustments to the legal framework governing digital and technological assets.

These legislative shifts require right holders to go beyond mere compliance, demanding the sophisticated application of new legal standards to protect their commercial interests.

Given the volatility of IP regulations, right holders rely on the attorneys at BRACE to manage their portfolios. This ensures timely compliance with evolving statutes, facilitates effective pre-trial dispute resolution, and minimizes the risk of legal exposure resulting from non-compliance.

Comprehensive Legal Counsel for IP Rights and Dispute Resolution

1. Representing clients in complex intellectual property litigation and disputes
2. Drafting and performing legal reviews of IP-related contracts (including franchise and commercial concession agreements)
3. Conducting comprehensive due diligence of IP asset portfolios
4. Advising on the strategic registration and maintenance of intellectual property rights