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Licensing

For use of any IP object or means of individualization by third party it is necessary to conclude license agreement, which have to be registered by Russian Federal Service for Intellectual Property (ROSPATENT), neither it will have no effect. All agreements in regard with trademarks, designs, inventions and utility models have to be registered and will be valid only from the date of registration. License agreements in regard with copyrights, including computer programs, have to be made in written form only.

Licensing of Trademarks (Service Marks).

Any use of trademark by third party is prohibited, except goods was entered by the holder of the mark, or it is usage under license agreement, registered by ROSPATENT. Obligation of use of trademark in Russian Federation, connected with possible non-use cancelation, which can be filed by any interested party. Often brand is owned by a company or a person, who don't make any product, but the third parties provided all development and sales of this product. Without registered license agreement, such situation will not be use under the law, so trademark became a subject for non-use cancellation. Licenses between Russian entities or under Russian Law always payable – even symbolic payment have to be pointed in agreement. Duration of trademark licensee limited with duration of trademark protection and have to be prolonged together with prolongation of trademark protection for next period. All changes into trademark's data have to be effected to agreement as amendments of agreement with registration of separate claim.

Licensing of Invention patents and Utility Models patents.

As well as for trademarks, any use of registered invention or utility model by third party is prohibited, except goods was entered on the market by the holder, or usage under license agreement, registered by ROSPATENT. Obligation of use of a patent in Russian Federation, connected with possible obligatory license, but there are a lot of features which have to be reached for such procedure. Conclusion of licenses is very important for patent owners as sanctions for infringement are not strong enough for prevention of any unfair actions. Licenses between Russian entities under Russian Law always payable – even symbolic payment have to be pointed in agreement, except individuals, who can make licenses with zero amount between parties. Duration of patent licensee limited with duration of patent protection. All changes into patent's data have to be registered to agreement as amendments to agreement by filing separate claim to registration.

Licensing of Design patents.

All conditions of licenses for utility models and inventions are applicable for design patents.

Licensing of Copyrights.

Copyrights, including computer programs and topologies of integrated circuits also can be objects of licenses. Such license agreements have no procedures of official validation, so parties can conclude it for free, based only on terms of law. Licensing is important for authors or labels, which get annuities from author societies, which collect amount for unauthorized use and other. As such agreements don't proceed through validation, it is very important to conclude correct agreement, which can't be subject of cancelation or different interpretations.