Commercialization of intellectual property objects

Commercialization of intellectual property objects

Copyright owners (musical, literary, artistic works, computer programs other) and industrial property (inventions, utility models, industrial designs, trademarks of other), have the right to transfer their property rights or grant permission to their use of any interested individual or legal entity.

If you intend to sell or buy technology, a device, or the appearance of an industrial design that areisotected by a patent, to use your property rights under the contract or a license agreement, our specialists will help you prepare a license agreement or a contract for the transfer of ownership, as well as, as well as. If necessary, they will assist in the issued materials for state registration of suchagreementss.

Contractual ways to dispose of intellectual property rights

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Contractual ways to dispose of intellectual property rights

Contractual methods of disposing of intellectual property rights include the following types of agreements on the disposal of intellectual property rights:

  • License to use the intellectual property object;
  • License agreement;
  • The contract for the creation and use of the intellectual property object;
  • A contract for the transfer of exclusive intellectual property rights;
  • Another agreement on the disposal of intellectual property rights.

Accordingly, according to one of these contracts, intellectual property rights are alienated, and according to others - transferred to the right holder to another person for use.

Contracts on granting a permit for the use of an intellectual property object

Under the license agreement, one party (licensee) grants the other party (licensee) permission to use the intellectual property object (license) under the terms determined by the mutual agreement of the parties, taking into account the requirements of the Code and other Law.

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Classification of licenses on the use of intellectual property rights objects

1. According to the license:
  • Patent licenses (licenses for invention, utility model, industrial design);
  • Trademark licenses;
  • Licenses for composing of topography of integrated circuits;
  • Licenses for know-how (commercial secret);
  • Licenses for breeding achievements (plant variety, animal breed);
  • Licenses for the use of copyright objects.
2. By volume of rights
  • Exceptional;
  • Non-exclusive;
  • Single.
3. By the method of protection
  • Patent;
  • Non -patent;
  • Complex.
4. By ways of license:
  • Mandatory;
  • Open;
  • Forced;
  • Batch;
  • Cross.
5. According to licensing subjects:
  • Personal license;
  • Licenses of enterprises;
  • Corporation licenses;
  • Licenses of states;
  • Sublicenses.

Treaties for the transfer of exclusive intellectual property rights can be attributed to the following:

1. A contract for the transfer of exclusive intellectual property rights
In most cases, the rules of sale and purchase agreement may be applied to the contract for the transfer of intellectual property rights in most cases by analogy, under which one party (seller) transfers or undertakes to transfer property rights to the other party (buyer), And the buyer accepts or undertakes to accept the said rights and pay for them a certain amount of money.
2. A contract for the transfer of property rights to an object created in connection with the performance of an employment contract
According to the legislation, personal non -property intellectual property rights to an object created in connection with the execution of an employment contract belong to the employee who created the object.
Intellectual property rights to the object created in connection with the performance of the employment contract belong to the employee who created the object and the legal or natural person where or in whom he works, jointly, unless otherwise stipulated by the contract.
3. A contract for the transfer of property rights to an object created by order
As a general rule, intellectual property rights to the order created by order belong to the creator of that object and the customer jointly, unless otherwise stipulated by the contract.
4. Memorandums of association regarding the contribution of intellectual property rights as contributions to the authorized capital of business entities.
Recently, the method of acquiring intellectual property rights on intellectual property objects by legal entities is the introduction of intellectual property rights as a contribution to the authorized fund of such a legal entity.