Applicant’s location:
IPO protection in :

You are
to provide

  • Full names of the assignment parties
  • Number(-s) of protective document(-s) for the transferred IP objects
  • Scope of conveyed rights and assignment terms
  • Power of Attorney
  • Payment of attorney and official fees

Realization
steps

  • from 2 days Drafting and filing of documents
  • 2 months Decision-making on publication and recording in the Assignment Register
  • twice a month Publication of Assignment data in the official bulletin

As a result
you obtain

  • Decision about publication and recording in the Assignment Register
  • Registered License Agreement
  • Extract from the State Register

Drafting of license agreements

The right to use the industrial property (hereinafter - IP) can be transferred in whole or in part by a use permit (license). Legal form of licensing is the License Agreement.

License agreement - is a bilateral agreement, under which a party that owns exclusive right to use the IP (licensor) grants the other party (the licensee) permission to use the IP, and the licensee is obliged to pay the licensor fees and perform other operations under the contract.

License agreements differ in:

  • protected IP (inventions, utility models, industrial designs, trademarks for goods and services, etc.);
  • scope of rights that are transferred by the license agreement (exclusive, non-exclusive).

With exclusive license the licensor authorizes the licensee to use IP in particular scope, on particular territory, for a fixed period, and reserves his right to use the IP on his own, but only in not transferred part. The licensor has no right to grant other licenses for use of this IP to others on the same territory and in same scope. The licensee is entitled to sublicense.

With non-exclusive license the licensor gives the licensee permission to use IP, and reserves his right to use the IP on his own, including the right to grant licenses to third parties.

There is also a "full" license - form of an exclusive license, which gives the licensee all property rights that result from the protective document (patent or certificate for term of the contract.

License agreement on the use of IP may be drawn up after exclusive rights take effect, i. e. from the date of publication in the official gazette of granting data and only for the period of the protective document validity.

For drawing up proper license agreement it’s important to clarify following points:

  • subject of the contract;
  • scope of the transferred rights;
  • rights and obligations of the parties;
  • type of license;
  • territory of the license agreement;
  • term of the license agreement, etc.

Record of license agreement registration is entered into the State Register on the basis of the Office’ decision. Data on the license agreement registration are published in the official gazette.

Please contact us if you want to find out more about license agreements.

Remember: Since the contract is a legal document, it should be drafted by an expert, in other words, the higher the potential commercial value of the IP, the more acute is the need in professional assistance of the intellectual property representative (patent attorney).

(based on materials of the State Intellectual Property Service of Ukraine)

What is the service for?

  • License issue for use of the IP object
  • Gaining more benefit out of the IP object
  • Temporary assignment for the IP object
  • Legitimate use of the IP object
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