Registration of license contracts

In conditions of market relations the rights for the objects of intellectual property (OIP) stand as goods and are sold on the market, as a rule, for a particular fee. Such a sale is carried out by the assignation of rights.

The procedure of protection, assignation and permission to use of industrial property right is regulated by the legislation of Ukraine.

We are to remind that the assignation of rights may be of two types:

- assignation of property right (under the treaty of assignation of property right), and

- grant of permission for use (under the license contract).

By making a contract about assignation of property right, a new person becomes the owner of the OIP, but by making of license contract, the owner of the OIP does not change.

By the measure of assignation rights, more recently non-exclusive and exclusive licenses are used.

Non-exclusive license empowers licensee (buyer) to use the object of license on agreed terms and territory during stipulated period. Here, licensor (vendor) leaves the right to use the object of license and to grant licenses to other persons.

Exclusive license empowers licensee to sole use the object of license on agreed terms and territory during stipulated period. Here, on given territory and during given period licensor does not have the right to use the object of license and to grant licenses to other persons.

Under the legislation of Ukraine, the contracts of assignation of property right does not require compulsory registration, but license contracts must be registered in Patent Office.

Our firm of patent attorneys of Ukraine «Lazurenko & Partners» provides services for execution of assignation of rights and license contracts.