Commercial Concession Agreement

Under a commercial concession agreement, one party (the rightsholder) undertakes to grant the other party (the user), for remuneration and for a specified term or without one, the right to use in the user’s entrepreneurial activity a set of exclusive rights owned by the rightsholder. This set includes the right to a trademark, service mark, and other exclusive rights as provided for in the agreement, such as the right to a trade name and to a trade secret (know-how).

The agreement provides for the use of the rightsholder’s package of exclusive rights, business reputation, and commercial experience in a defined scope (including, for example, minimum and/or maximum use volumes), with or without reference to a specific territory, and within a defined sphere of business activity (sale of goods from the rightsholder or goods produced by the user, other trading activity, performance of works, or provision of services).

A commercial concession agreement must be concluded in writing. The granting of rights to use a trademark, invention, utility model, or industrial design under such agreement is subject to state registration with the Federal Service for Intellectual Property (Rospatent).

To prepare documents for registration of a commercial concession agreement, the following documents are required:

• Application — in 2 copies;
• Signed agreement — in 2 copies;
• Document confirming payment of the state fee for registration of the agreement;
• Power of attorney for the patent attorney from each party — in 2 copies;
• Unofficial copy of the agreement.

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