Assignment agreement on exclusive right

Under an exclusive right assignment agreement, the right holder shall alienate the exclusive right to the object of related rights in its entirety to the acquirer for the duration of the exclusive related right.

Unless the exclusive rights assignment agreement provides otherwise, the exclusive right to the object of related rights shall be transferred from the right holder to the acquirer from the moment of the agreement signing.

The assignment agreement on exclusive right shall contain a condition on the amount of remuneration or on the procedure for defining it or a direct indication that it is not remunerated.

The assignment agreement on exclusive right is signed in writing form.

License agreement

Under the license agreement the right holder (licensor) grants the user (licensee) the right to use the object of related rights.

The license agreement must stipulate specific ways of using the object of related rights.

Under the exclusive license agreement the licensor grants the licensee the right to use the object of related rights in a certain way within the limits established by this agreement. At the same time, the licensor does not have the right to use and allow other persons to use the object of related rights to the extent granted to the licensee, but retains the right to use and allow other persons to use the object of related rights in the part which is not granted to the licensee.

Under the agreement of simple (non-exclusive) license the licensor grants the licensee the right to use the object of related rights with the licensor retaining the right to use this object and the right to grant licenses to other persons.

The license agreement is supposed to be compensatory, unless provided otherwise in this agreement. The remuneration is specified in the license agreement as a percentage of the income for the corresponding way of using the object of related rights or as a fixed sum or in any other way.

The license agreement should contain the term of validity and the territory where the use of the object of related rights is permitted.

The licensee has the right to grant other persons (sublicensees) the right to use the object of related rights only if it is expressly provided by the license agreement and within the powers granted to the licensee by the agreement.

The license agreement is signed in writing form.

Open license

A license agreement under which the right holder (licensor) grants the licensee a simple (non-exclusive) license to use the object of related rights may be signed in a simplified manner (open license).

An open license is an agreement of adhesion. All the terms and conditions of such an agreement shall be available to the public and posted in such a way that the licensee has the opportunity to get acquainted with them before the beginning of the use of the corresponding object of related rights.

The beginning of the object use of related rights is the acceptance of the terms and conditions of the open license. The open license may contain an indication of other actions, the commission of which will be considered as the acceptance of its terms and conditions. The license agreement shall be considered signed from the moment the licensee performs these actions.

An open license is not remunerated, unless its terms and conditions stipulate otherwise.

If the term of the open license is not specified, the license agreement is considered to be signed in relation to the object of related rights for five years.

If the open license does not specify the territory where the object use of related rights is allowed, such use is allowed in the territory of any country.

Agreement on the creation and use of an object of related rights

Under the agreement on the creation and use of an object of related rights, the performer undertakes to create a performance within the period specified in the agreement and to transfer to the customer the exclusive right to this performance or to grant the customer the right to use it within the limits set out in the agreement.

The performance, the creation of which is stipulated in the agreement, shall be handed over to the customer within the period of time stipulated in the agreement.

If the performer fails to deliver the created performance to the customer within the deadline stipulated in the agreement, he is obliged to compensate the customer for the actual damages caused, unless he proves that the violation of time was not due to his fault.

Unless provided otherwise in the agreement, the material object in which the performance is embodied shall be transferred to the customer's property.

The acceptance by the customer of the performance created by the performer in the manner stipulated in the agreement shall entail the transfer to the customer of the exclusive right to this performance or the granting to the customer of the right to use it under the conditions stipulated in the agreement.

The agreement shall contain a condition on the amount of remuneration for the creation of the performance or on the procedure for defining it, as well as a condition on the procedure for its payment.

The agreement may stipulate the obligation of the customer to pay the performer an advance on account of the remuneration for the creation of the performance, stipulated by the agreement.

The agreement may contain a condition on the amount of remuneration for the use of the performance or on the manner of its defining or on the use of the performance not remunerated.

Agreement terms and conditions, which restrict the performer in the creation of a future performance of a particular type or in a particular area shall be deemed null and void.

The agreement obliging the performer to grant the customer exclusive rights to any performances he creates in the future is null and void.

The agreement on the creation and use of the object of related rights is signed in writing form. An agreement which does not comply with this requirement is null and void.