Drafting and Registration of License Agreements
One of the most frequently used ways to dispose of the intellectual property is granting the exclusive rights under the License Agreement.
The license agreement shall be made in writing. Failure to made it in the written form results in invalidity of the license agreement.
The legislator imposes special requirements to the content of the license agreement defining its material terms. Failure to comply with these may result in refusal to register the agreement or its invalidation.
For example, the license agreement must include:
● Subject of the agreement by reference to the intellectual property or brand identity licensed under the agreement specifying (where appropriate) the number of document certifying the exclusive right to such property or identity (patent, certificate);
● Ways to use the intellectual property or brand identity.
As a prerequisite to enter into a license agreement, the parties in come cases provided by law shall register the rights to use intellectual property in Rospatent’s Federal Institute of Industrial Property (FIPS).
Experts of Petukhov & Partners Patent Law Firm will help you to draft a license agreement based on your legal conditions and terms proposed by you, as well as secure the registration of rights to use in Rospatent’s Federal Institute of Industrial Property (FIPS).