License Agreement

Under a license agreement, the holder of an exclusive right to the result of intellectual activity or a means of individualization (the licensor) grants or undertakes to grant another party (the licensee) the right to use such result or means within the limits established by the agreement (Article 1235 of the Civil Code of the Russian Federation).

The license agreement must be concluded in writing. The granting of rights to use a trademark is subject to state registration with the Federal Service for Intellectual Property (Rospatent).

The term of a license agreement may not exceed the duration of the exclusive right to the result of intellectual activity or means of individualization.

Types of License Agreements:

• Simple (non-exclusive) license — the licensee is granted the right to use the result of intellectual activity or means of individualization while the licensor retains the right to grant licenses to others.
• Exclusive license — the licensee is granted the right to use the result of intellectual activity or means of individualization without the licensor retaining the right to grant licenses to other parties.

With the written consent of the licensor, the licensee may enter into a sublicense agreement with a third party for the use of the result of intellectual activity or means of individualization.

To prepare materials for registering a license agreement, the following documents are required:

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

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