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Intellectual property Transfer of rights and issuance of licenses for the object of intellectual property

Zal Dmytro Oleksandrovych

Attorney

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zal@prikhodko.com.ua

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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.

Transfer of rights and issuance of licenses for the object of intellectual property

In order to make a profit and protect against unfair competition, it is necessary to legitimize your activity in the legal sphere. What is it about? This is, first of all, the protection of one’s intellectual property through the transfer of rights and the issuance of licenses. Employees of our law firm “PRIKHODKO & PARTNERS” will help you with this.

The transfer of rights and the issuance of licenses allows the owner to retain all his rights as the author of the object of intellectual property.

Types of licenses

License agreements, depending on the existing license, can be divided into the following types:

Exclusive license

It is provided only to one licensee. At the same time, the licensor does not have the right to use the object in the established area for the period stipulated in the license agreement. He is also limited in his rights to issue a license to use the intellectual property object to other persons.

Non-exclusive license

The licensee can use the object of intellectual property in the established field for the term stipulated in the contract. A non-exclusive license does not limit the rights of the licensor to use the intellectual property object, including the issuance of licenses for its use to other persons.

Single license

It is provided only to one licensee. Thus, the licensor cannot issue a license to use the intellectual property object to other persons, but can use it in the established field.

According to Ukrainian legislation, license registration is not mandatory. It is carried out at the request of the licensee or licensor.

If we are talking about the transfer of rights to an intellectual property object, issuing a license means obtaining full rights to it. Registration of an agreement on the transfer of rights to an object of intellectual property is mandatory.

Features of licensing of intellectual property objects

In the process of concluding a license agreement, both the licensee and the licensor receive significant benefits. If we are talking about a trademark or other object of intellectual property, their transfer can be carried out on the basis of a patent or certificate.

If the document does not specify specific terms, the object of intellectual property can be used by the licensee until the moment when the property rights of the licensor will be valid (according to the legislation of Ukraine – no more than five years with the possibility of extension).

The license agreement also outlines the scope of the license. This is especially true for brands and trademarks. An individual or company receives, under certain conditions, the exclusive right to use the brand within a specific territory.

Among the important terms of the license agreement:

Subject of the agreement

We are talking about the object of intellectual property (scientific research, theories, software, author’s approaches to development and training, trademarks and brands).

Type of license

Exceptional, non-exceptional, single, etc.

Territory, terms, method of use of the subject of the license agreement.
Conditions for reimbursement of the cost of the license (royalty, flat fee).

Violation of licensing conditions is dealt with by licensing bodies in the process of checking business entities. In such a case, the licensing body issues an order on the need to eliminate the violation of licensing conditions. Repeated violation or failure to comply with the order to eliminate violations of license conditions leads to the cancellation of the license (according to Article 21 of the Law on Licensing).

One of the main conditions for signing any license agreement is that each party to the agreement receives the maximum benefit. Thus, the author of intellectual property can monetize it, receiving a profit based on this. The legal successor, in turn, can get access to use information and unique assets.

Drawing up a license agreement or transferring rights to intellectual property is a difficult task that should be entrusted to real professionals. The task of an experienced lawyer is to protect the author’s rights as much as possible, while providing the most prosaic and favorable terms of the agreement to the licensees. This is a very important competitive advantage of our company.

If you need to transfer the rights to intellectual property objects based on the conclusion of a license agreement, our specialists will help you with this!

We will advise you on the following issues:

Essential terms of contracts, types of license for the use of an intellectual property object.
Requirements of current legislation regarding the conclusion of a license agreement.

In addition, the lawyers of “PRIKHODKO & PARTNERS” will provide full legal support for the transfer of rights to intellectual property objects and the issuance of licenses. Do you still have questions? Sign up for a consultation with “PRIKHODKO & PARTNERS” lawyers – leave a request below!

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1 question

Do you need to transfer rights or issue a license for an object of intellectual property?

Yes

2 question

Do the rights to the object of intellectual property belong to a legal entity?

Yes

3 question

Do the rights to the object of intellectual property belong to a natural person?

Yes

Successful cases on the topic:

You may also need:

Consultation of a lawyer on copyright

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Protection of trademark rights

Registration of an international trademark through the Madrid system

Registration of software copyrights

Registration of Copyright for Music

Registration of a patent for an invention

International registration of a patent for an industrial design

Trademark registration in Ukraine

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Intellectual property

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