License Agreement

A license agreement is a type of civil law agreement on the disposal of exclusive rights under which, according to Clause 1 of Article 1235 of the Civil Code of the Russian Federation, one party (the licensor) grants or undertakes to grant to the other party (the licensee) the right to use the exclusive right to a result of intellectual activity or a means of individualization within the limits provided for by the agreement.

SUBMIT AN APPLICATION

Our specialists will help draft an agreement granting the right to use an exclusive right to a result of intellectual activity or a means of individualization within the contractual scope, tailored to your interests.

Subject Matter of the License Agreement

Specifics of the License Agreement

Subject Matter of the License Agreement

The following may serve as the subject matter of the agreement:

rights to an invention, utility model, or industrial design;

right to a trademark;

right to a service mark;

right to computer software;

right to a commercial designation;

right to a trade secret (know-how) and rights to other objects.

Specifics of the License Agreement

Detailed Information on the License Agreement

What is the form of a license agreement?

A license agreement is concluded in writing.

SUBMIT AN APPLICATION

Types of license agreements

There are several types of license agreements depending on the methods of using the result of intellectual activity or means of individualization. A license agreement may be exclusive or non-exclusive, meaning an agreement for “granting the licensee the right ... while retaining the licensor's right to grant licenses to other persons” (non-exclusive license) and “without retaining the licensor's right to grant licenses to other persons” (exclusive license).

Unless otherwise provided by the license agreement, the license is presumed to be simple (non-exclusive). Moreover, a single license agreement may contain terms of different types of licenses regarding various methods of using the result of intellectual activity or means of individualization.

SUBMIT AN APPLICATION

State registration

State registration is required for the disposal of rights under a license (sublicense) agreement with respect to those results of intellectual activity or means of individualization that are subject to state registration.

SUBMIT AN APPLICATION

What can be specified in a license agreement?

In a license agreement, the parties may specify the territory within which the use of the result of intellectual activity or means of individualization is permitted; if the territory is not specified, use is deemed permitted throughout the territory of the Russian Federation with respect to objects registered in the Russian Federation.

The parties to the license agreement may also specify its term; if the term is not defined in the license agreement, the agreement is deemed concluded for five years. At the same time, a license agreement cannot be concluded for a period exceeding the term of the exclusive right to the result of intellectual activity or means of individualization.

SUBMIT AN APPLICATION

Remuneration under a license agreement (consideration)

A license agreement may be either for consideration (remunerated) or gratuitous; however, the Civil Code proceeds from the presumption that a license agreement is for consideration. In the absence of a provision on the amount of remuneration or the procedure for determining it in a remunerated license agreement, the agreement shall be deemed not concluded.

SUBMIT AN APPLICATION