Drafting license and franchise agreements, recordation of pledges
A rights holder is entitled to use their IP right in any manner not contrary to the law. Particularly, one may grant the right to use a trademark, an invention, or other IP rights to third parties via a license agreement (or a franchise agreement if it includes both a trademark/service mark and other IP rights). Any such agreements relating to registrable IP objects are subject to recordation by the RUPTO (Rospatent). Unregistered agreements are valid; nevertheless, the grant of rights is deemed not effectuated.
In order to be recorded, an agreement should meet the mandatory requirements set forth by Russian law. Currently, Rospatent does not require the full text of the license agreement for recordation of the right to use an object. Therefore, if a rights holder signs a global agreement with their licensees worldwide covering a number of jurisdictions, they can file with the RUPTO only limited data, without disclosing any sensitive information.
Russian law provides that IP rights may also be used as collateral. The pledges of IP rights on registrable IP objects are also to be registered by Rospatent.
Sojuzpatent’s patent attorneys and lawyers help clients in drafting license, franchise, pledge, and other agreements as well as preparing and filing documents for registration purposes.
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