Intellectual Property
Legal support on issues of protecting IP rights
Lawyers of the Intellectual Property practice provide legal services in relation to the results of intellectual activity and equivalent means of individualization of legal entities, goods, works, services and enterprises.
The subject of legal services in IP practice is the protection of rights to the results of intellectual activity and equivalent means of individualization (results of intellectual activity and means of individualization) (intellectual rights), which include an exclusive right, which is a property right, and in cases provided for by law, also personal non-property rights and other rights (right of succession, right of access and others).
Legal protection of authors of IP rights
As part of the Intellectual Property practice, our lawyers protect the authors of the results of intellectual activity, who are citizens whose creative work created such a result. In this case, citizens who have not made a personal creative contribution to the creation of the result of intellectual activity, including those who have provided its author with only technical, consulting, organizational or material assistance or support, or who have only facilitated the registration of rights to such result or its use, as well as citizens who have supervised the performance of the relevant work, are not recognized as authors of the result of intellectual activity.
The author of the result of intellectual activity owns the right of authorship, and in the cases provided for, the right to a name and other personal non-property rights. It is important to note that the right of authorship, the right to a name and other personal non-property rights of the author are inalienable and non-transferable, while the waiver of these rights is null and void.
A person who has an exclusive right to the result of intellectual activity or to a means of individualization (the copyright holder) has the right to use such a result or such means at his own discretion in any way that does not contradict the law. The copyright holder may dispose of the exclusive right to the result of intellectual activity or to a means of individualization. The copyright holder may, at his own discretion, permit or prohibit other persons from using the result of intellectual activity or means of individualization. The absence of a prohibition is not considered consent (permission).
Legal protection of IP
The exclusive right to the result of intellectual activity or means of individualization is recognized and protected subject to state registration of such result or means.
At the same time, the copyright holder is obliged to notify the federal executive body for intellectual property and the federal executive body for selection achievements, respectively, of changes in information about the copyright holder related to the state registration of the result of intellectual activity or means of individualization: name or title, location or place of residence and address for correspondence. The risk of adverse consequences in the event that such notification of the relevant federal executive body is not made or inaccurate information is provided, is borne by the copyright holder.
In cases where the result of intellectual activity or means of individualization is subject to state registration, the alienation of the exclusive right to such a result or such a means under an agreement, the pledge of this right and the granting of the right to use such a result or such a means under an agreement, as well as the transfer of the exclusive right to such a result or such a means without an agreement, are also subject to state registration in the established manner.
Transactions on disposal of exclusive rights to intellectual property
BRACE lawyers provide services on disposal of exclusive rights to intellectual property.
The right holder may dispose of his exclusive right to the result of intellectual activity or to the means of individualization in any way that does not contradict the law and the essence of such exclusive right, including by alienating it under an agreement to another person (an agreement on alienation of an exclusive right) or granting another person the right to use the corresponding result of intellectual activity or means of individualization within the limits established by the agreement (a license agreement).
Under an agreement on alienation of an exclusive right, one party (the right holder) transfers or undertakes to transfer its exclusive right to the result of intellectual activity or to the means of individualization in full to the other party (the acquirer). At the same time, the agreement on alienation of an exclusive right is concluded in writing, failure to comply with which entails the invalidity of the agreement. Among other things, the transfer of exclusive rights under an agreement is subject to state registration in cases stipulated by law.
Under a license agreement, one party - the holder of the exclusive right to the result of intellectual activity or to the means of individualization (licensor) grants or undertakes to grant to the other party (licensee) the right to use such result or such means within the limits stipulated by the agreement. A license agreement may provide for:
- granting the licensee the right to use the result of intellectual activity or means of individualization while the licensor retains the right to issue licenses to other persons (simple (non-exclusive) license);
- granting the licensee the right to use the result of intellectual activity or means of individualization without the licensor retaining the right to issue licenses to other persons (exclusive license).
IP Lawyers
Legislation in the field of intellectual property does not stand still and is constantly changing, adapting to modern realities. This is also required by the development of information technology, which adjusts not only technological advances, but also leads to the need to change the legal field in the field of intellectual property. Changes in the field of intellectual property require copyright holders not only to comply with the legislation in this area, but also to apply it correctly.
Given the mobility of legislation in the field of intellectual property, copyright holders prefer to transfer the management of their affairs to qualified lawyers in this area, which allows for timely compliance with the rules of law governing such relations and minimizes possible adverse risks for copyright holders for non-compliance with the law.
Legal services
- Legal support for disputes related to IP rights
- Development and legal review of contracts regarding IP
- Legal due diligence of IP assets
