Zal Dmytro Oleksandrovych

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Specializes in protection of honor and dignity, of copyrights, inventions, patents, trademarks, support of tenders, protection of consumer rights, disputes with insurance companies, legal support in cases of administrative offenses.

Sublicense agreement

The concept of a sublicense agreement

A sublicense agreement is an agreement under which a person who has received a legal opportunity to use an intellectual property object grants another person the right to use it within the limits specified in the license agreement. The provisions of this official document are regulated by the Civil Code of Ukraine. The key aspects of a sublicense agreement are the following:

licensee – a person who has lawfully received property rights to an intellectual property object (work, trademark, industrial design, etc.) from the licensor (owner) on the basis of a previously obtained license;
sublicensee – a person who, under the terms of this civil law agreement, may use the object;
the scope of rights is transferred within the limits specified by the license, and therefore the licensee cannot transfer more rights to the sublicensee than he himself has;
as a general rule, the consent of the licensor (owner) is also required to conclude the agreement;
in cases where the main license agreement is declared invalid or terminates, the sublicensee agreement also becomes invalid on this basis;
the licensee is liable to the licensor for the actions of the sublicensee, unless otherwise provided for by the license agreement (Article 1109 of the Civil Code of Ukraine).

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Cases when it is necessary to conclude a sublicense agreement

Sublicense agreements are widely used in various areas, in particular regarding the use of software (computer program as an object of copyright), franchising, use of trademarks, etc. Below are the main situations when it is necessary to conclude the specified civil law agreement for complete legal regulation of relations:

first, the conclusion of an agreement between one publishing house and other publishing houses for the translation and publication of books in other countries;
second, the conclusion of an agreement with distributors or retailers to grant permission to use their trademark;
third, successful interaction with other companies, granting permission to use a patent for the relevant technology in the course of production;
fourth, use in the IT sphere (for the transfer of rights to use databases, multimedia works, etc.), as well as other cases.

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Essential terms of the sublicense agreement

The essential terms of the said agreements determine their legal force and include:

subject — a clear definition of the intellectual property object for which a sublicense is granted, i.e. the right to use (for example, the full name of the software, trademark);
methods of use — a list of rights granted to the user, to the extent justified in accordance with the license agreement (for example, the right to reproduce, distribute, publicly display, etc.);
the territory in which the sublicense is valid — Ukraine, the territory of the EU, etc.;
the term of the sublicense;
remuneration — the amount and procedure for payment for the use of the intellectual property object and its form (royalties, fixed amount, license fees);
liability of the parties: for failure to fulfill the terms of the license (including the liability of the sublicensee to the licensor);
other mandatory conditions, such as the quality of products or services, confidentiality of information, its protection.

The sublicense agreement may also establish other conditions other than those described above, which is justified in the case of concluding an agreement regarding a particular object. You can find out more detailed information by seeking professional advice from our specialized lawyer.

Legal assistance in developing and concluding a sublicense agreement

Involving an experienced lawyer in the development and conclusion of a sublicense agreement is an important step to protect the rights and interests of all parties. A lawyer from Prikhodko & Partners has the necessary qualifications and can provide the following services:

comprehensive legal advice and analysis of the license agreement, restrictions and conditions established by the owner of the intellectual property object, risks, ways to minimize them when concluding a new agreement, etc.;
professional development of a new agreement by determining essential conditions, including provisions in the agreement that protect the rights of both parties, and the distribution of responsibilities;
support for the conclusion process, in particular through negotiations, drawing up agreements;
legal support for the implementation of the agreement (if necessary): responding to violations by sending claims, making amendments to the agreement, etc.

Cost of legal support

Thus, a sublicense agreement is a legal agreement that regulates the transfer of rights to use an intellectual property object from the licensee to the sublicensee within the limits specified by the main license agreement. The scope of application of sublicense agreements includes IT, publishing, franchising, the use of trademarks, patents and other intellectual property objects. Involving an experienced lawyer in the development and support of a sublicense agreement is necessary to reduce risks and ensure legal security for all parties to the agreement.

Contact the lawyers of “Prikhodko & Partners” and we will help you develop a high-quality sublicense agreement for your needs. To find out the cost of legal support, fill out the form below.

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A claim of improper use of a trademark Accelerated trademark registration in Ukraine Agreement on creation to order and use of the object of intellectual property rights Agreement on the transfer of ownership of a trademark Appealing a refusal to register a trademark in Ukraine Appealing the refusal to register a patent for an industrial design, utility model or invention Barcode registration: how to make a barcode for a product Book copyright registration Brand name registration Brand registration in the USA for business on Amazon (Amazon Brand Registry) Certification of cosmetics (cosmetic products) Commercial concession contract Compensation for copyright infringement Consultation of a lawyer on copyright Copyright lawyer Copyright on project documentation: legal aspects and practical recommendations Copyright registration Copyright transfer agreement Copyrights protection in court Counterfeit lawyer Create License agreement Development of a license agreement for the object of intellectual property rights Development of an agreement on the transfer of rights to intellectual property objects Disposal of intellectual property rights Drafting a Copyright Agreement Entering the object of intellectual property in the customs register Evaluation of intellectual property Fight against counterfeiting and piracy Filing a complaint with the DMCA Industrial design patent Inspection of patent purity Intellectual property infringement Intellectual Property Lawyer Intellectual property protection on the Internet International patent search International registration of a patent for an industrial design International registration of industrial designs International registration of the invention International Trademark Registration Internet piracy lawyer Invalidation of a trademark certificate IP Due Diligence (Audit) for Business Legal protection against product copying Legal protection of the trademark Legal support for continuation of the line of this trademark Logo registration Objection to the registration of an industrial design Objection to trademark registration Obtaining a trademark certificate Patent for a utility model for military purposes (weapons) Patent registration for intellectual property in Ukraine Patent search in Ukraine Patenting an invention (know-how) in Ukraine Plagiarism lawsuit Preparation of contracts in the field of intellectual property Protection against counterfeiting Protection of intellectual property rights Protection of trademark rights Recognition of a trademark as well-known in Ukraine Register a cryptocurrency name Register copyright on poems Register the copyright of the picture Register the copyright of the song Register TM in Ukraine Registration of a patent for an invention Registration of a patent for an invention in Ukraine Registration of a pseudonym of an artist / media personality Registration of a trademark in the customs register of Ukraine Registration of an international trademark through the Madrid system Registration of Copyright for Music Registration of intellectual property Registration of rights to an industrial design Registration of software copyrights Registration of the copyright Registration of the store name Registration of trademarks Response to objection to registration of intellectual property/industrial design Software copyright registration Software licensing Song copyright registration Sublicense agreement TM protection at customs TM registration Trademark check for novelty (plagiarism) Trademark License Agreement Trademark protection in Ukraine Trademark registration Trademark Registration for IT Projects and Startups Trademark registration in China Trademark registration in foreign countries Trademark registration in France Trademark registration in Germany Trademark registration in the USA Trademark registration in Ukraine Transfer of rights and issuance of licenses for the object of intellectual property Transfer of rights to an industrial design Utility model patent – price of patent registration in Ukraine Utility model patent – Utility model patenting in Ukraine Valuation of intellectual property rights Work Copyright Registration

Sublicense agreement

The concept of a sublicense agreement

Cases when it is necessary to conclude a sublicense agreement

Essential terms of the sublicense agreement

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