Preparation of contracts in the field of intellectual property

Do you need to legalize intellectual property for your invention, utility model, industrial design? Preparation of contracts in the field of intellectual property is one of the activities of our legal company “PRIKHODKO & PARTNERS”.

Contracts in the field of intellectual property

A contract is a written agreement between two or more parties aimed at establishing, terminating, or changing business relationships.

Contracts help to regulate relations that have developed between counterparties. Intellectual property is no exception. Contracts may be concluded between the owner of the trademark and the person who plans to use it. To meet the needs of each party and reduce risks, it is necessary to clearly spell out each of the provisions.

It is very important to register an object of intellectual property. In order to receive economic benefits, it is mandatory to conclude a relevant contract. Thus, you can protect yourself from possible risks.

Agreements in the field of intellectual property can be conditionally divided into several categories:

• To dispose of copyrights.
• To settle relations between counterparties.

Let’s start with the first category of contracts. We are talking, first of all, about the author’s contract – a civil law contract that mediates copyright relations.

Depending on the legal relationship governing copyright contracts, they can be divided into contracts:

1. About granting permission to use the work.
2. About the alienation (transfer) of property rights to the product of the intellectual sphere.
3. About granting rights to use works.
4. On the transfer of the right to manage property copyrights.

If we are talking about the disposal of property rights of intellectual property, the following contracts are concluded:

• License agreement.
• License to use the object of intellectual property.
• Agreement on transfer of exclusive intellectual property rights.

Pursuant to the above agreements, one party grants the other party permission to use an element of intellectual property under conditions that have been determined by mutual agreement of the parties (in accordance with current legislation).

The following contracts are being prepared to regulate relations between counterparties:

• Agreement on the use of intellectual property objects.
• Agency contracts.
• Agreements with investors, etc.

Employees of our legal company “PRIKHODKO & PARTNERS” have many years of practice and the necessary experience in drafting all the above-mentioned contracts.

Each of the contracts on intellectual property drawn up by us has the following provisions:

1. Territory and term of validity of the contract.
2. The order of payment and the amount of remuneration to the author.
3. Scope of the contract. We are talking about intellectual property rights that are subject to alienation.
4. Other details of the contract.

According to Part 2 of Article 1107 of the Civil Code of Ukraine, the agreement on the disposal of intellectual property rights is concluded in writing (in exceptional cases – orally). Article 1114 of the Civil Code of Ukraine states that relevant contracts and licenses are not subject to mandatory state registration. In other words, state registration is carried out at the request of the licensee or licensor.

Thus, contracts in the field of intellectual property constitute an independent group of contracts in the field of civil law with their inherent characteristics. If there are no special legal provisions, the general provisions of contract law may be applied to these contracts in terms of conclusion/termination, execution/application of relevant legal consequences.

We prepare contracts depending on the existing problems. The main key to our success is an individual approach to each client. If there is a need to register an agreement on the transfer of both copyright and related rights, it is additionally executed.

Proper processing of documents related to the creation, use, sale or transfer of intellectual property objects is the key to protection from conflicts and effective business operation.

All our copyright agreements:

• Reliably protect the client’s interests.
• Transparent and clear.
• Prevent disputes.
• Meet the requirements of current legislation.
• They solve the assigned tasks.

Not everyone knows how to dispose of the rights to their own intellectual property. That is why it is best to entrust this matter to real professionals. Specialists of our legal company “PRIKHODKO & PARTNERS” have extensive experience in drafting contracts in the field of intellectual property. We will help conclude license agreements; contracts between inventors or authors; on the transfer of rights or on the coexistence of a trademark.

Sign up for a preliminary consultation and calculation of the cost of creating an intellectual property contract – just fill out the form below.