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Moscow, 115280, Russia

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Contracts for industrial designs

Intellectual property forms a source of income for its owners and are an independent subject of contractual relations. 

The owner of a patent for an industrial design may, for the purpose of deriving profits, transfer to for use to third parties in two ways:
1. under a contract of alienation of exclusive right to industrial design;
2. under a license contract.

The first contract is similar to a contract for sale and purchase. The exclusive right is alienated by the patent owner and is transferred to a beneficiary.

According to the applicable provisions on a license contract, the licensor grants the right to use his/her industrial design to the licensee.

There exist two types of licenses: non-exclusive and exclusive. The difference between these types of licenses is that the patent owner retains the right to grant licenses to third parties.

Under a contract of non-exclusive license, the patent owner retains this right; and if a contract of exclusive license is concluded, this right is lost.

The legislation stipulates two principal requirements to these types of contracts: the contract should be concluded in writing and registered in ROSPATENT. Incompliance with any of these conditionals entails invalidity of the contract. 

Experts of Patent Bureau "Galifanov, Malkov & Partners" will consult you and select the optimally beneficial type of contract as well as perform all the actions necessary for having it registered.

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The way we act:

  • 1

    PREPARATIONS FOR ACTIONS ON REGISTRATION We shall prepare a contract of alienation of a patent for industrial design or a license contract and a request for registration of the contract. In a case you have already concluded a contract, we shall check whether it complies with the legislation requirements.

  • 2

    WE SHALL ACCEPT YOUR ORDER ON HAVING A CONTRACT FOR INDUSTRIAL DESIGN REGISTERED Orders in a form convenient to you from any region of the Russian Federation, the near abroad or the far abroad may be accepted.

  • 3

    REGISTRATION OF CONTRACT We shall submit your contract for registration with ROSPATENT. The contract will be registered by ROSPATENT in two months.

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