Intellectual Property Agreements
Development and legal examination of intellectual property agreements

As a rule, the owner of the right to dispose of the results of intellectual activity is carried out on the basis of an agreement that sets out the terms of disposal of intellectual property.
It is important to note that when the result of intellectual activity or means of individualization is subject to state registration, the alienation of the exclusive right is also subject to state registration, in cases established by law, for example:
- inventions, utility models, industrial designs;
- selection achievements;
- trademarks and service marks;
- topographies of integrated circuits;
- computer programs and databases.
The owner of the right may dispose of his exclusive right to the result of intellectual activity or means of individualization in any way that does not contradict the law and the essence of such exclusive right.
The main types of disposal of the transfer of exclusive rights are:
- agreement on alienation of exclusive rights;
- license agreement.
License Agreement for Intellectual Property Rights
In accordance with Article 1235 of the Civil Code of the Russian Federation, 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 provided for in the agreement.
The licensee may use the result of intellectual activity or means of individualization only within the limits of those rights and in the ways provided for in the license agreement. The right to use the result of intellectual activity or means of individualization that is not expressly specified in the license agreement is not considered to be granted to the licensee. The license agreement is concluded in writing, unless otherwise provided by law, and failure to comply with the written form entails the invalidity of the license agreement.
At the same time, the 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).
At the same time, with the written consent of the licensor, the licensee may, under the agreement, grant the right to use the result of intellectual activity or means of individualization to another person (sublicense agreement).
In addition, the license agreement must specify the territory in which the use of the result of intellectual activity or means of individualization is permitted. If the territory in which the use of such result or such means is permitted is not specified in the agreement, the licensee has the right to use them throughout the territory of Russia.
Agreement on transfer of IP rights
Under an agreement on transfer of IP rights, one party (the owner of the right) 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). In this case, the agreement on alienation of exclusive rights is concluded in writing, failure to comply with which entails the invalidity of the agreement.
Under an agreement on alienation of exclusive rights, the acquirer undertakes to pay the owner of the right the remuneration stipulated by the agreement, however, if the paid agreement on alienation of exclusive rights does not contain a condition on the amount of remuneration or the procedure for determining it, the agreement is considered not concluded.
Development and legal examination of intellectual property agreements
To be able to dispose of the results of intellectual activity, practicing lawyers and intellectual property specialists study all title documents for the objects of such activity, check the registration, if any, can conduct an examination of existing contracts regarding intellectual property, and also prepare and carry out all the necessary procedures for concluding a contract for the disposal of the result of intellectual activity.
Legal support for a contract for the disposal of the results of intellectual activity takes into account the individual characteristics in each specific case, allows you to provide for and reflect in the contract all the necessary conditions that, as a rule, are not spelled out in a standard contract. In addition, an individual approach to each specific situation of disposal of objects of intellectual activity reduces the risks of illegal transfer, disposal of the results of intellectual activity, reduces the risks of loss of income by copyright holders. Conducting a legal examination of an agreement regarding intellectual property allows identifying the shortcomings of such an agreement, possible risks for the copyright holder and other adverse consequences that may arise if the agreement does not provide for all the necessary and significant conditions for the copyright holder.
The participation of qualified and experienced intellectual property specialists facilitates the disposal of the results of intellectual activity taking into account the current legislation in this area, the timely execution of documents necessary for the protection of rights and reduces the risk of illegal disposal of the results of intellectual activity.
Servicios legales
- Consulting on IP issues
- Conducting a legal examination of agreements regarding IP
- Legal support in drafting agreements regarding intellectual property
- Preparation of draft agreements related to rights to IP