Крылова и партнеры / Intellectual property protection / Contracts of legal protection of industrial property objects
Contracts of legal protection of industrial property objects
In the market conditions rights for industrial property objects (IPO) serve as a commodity and are sold on the market, usually for a fee. This implementation is carried out by transferring the rights of intellectual property.
The procedure for the protection, transfer and permission to use the industrial property rights is regulated by the legislation of Ukraine.
Let us recall that the transfer of rights may be of two types:
- transfer of intellectual property rights (under contract on the transfer of ownership);
- authorization to use (under a license agreement).
When signing cotract on the transfer of intellectual property rights owner of IPO is a new face, and when signing a license agreement owner of IPO does not change.
In terms of the transferred rights, the most frequently used are non-exclusive and exclusive licenses.
Non-exclusive license – gives the licensee the right to use the object of a license on agreed terms and territory during a specified period. In this case the licensor (seller) reserves the right to use the subject of a license and to grant licenses to others.
Exclusive license – gives the licensee (buyer) the right to solely use the object of a license on the agreed terms and the territory within a specified period. At the same time in the area and during this period the licensor may not use the object of a license and grant licenses to others.
According to Ukrainian law, license agreements do not require registration, and agreement on transfer of ownership must be registered in the Patent Office.
Transfer of rights under the contract of transfer of rights and under license agreements is carried out for a reward and in this sense is similar to selling a product on the market, and is usually profitable for both parties. In this case on correctness and accuracy of registration of contracts depends not only the time of registration in the Patent Office, but further conflict-free interaction of the parties. Therefore, when closing contracts on transferring of intellectual property rights and licensing agreements it is advised to cooperate with experts in this area.
“Specialists of “Krylova and Partners” have experience in this field for domestic and international markets and we offer our services to protect the intellectual property of your company.
