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Publication date: 28.05.2024
lawyer, 23 years of experience in enforcement.
Types of licenses and their features.
A document issued by the government that gives a licensee (an individual or legal entity that holds a license) permission to engage in a specific activity is known as a license. This document also defines the duration of the permitted activity and the conditions that must be observed.
There is a clear classification and structure for licenses that can be divided into three types: full, exclusive and non-exclusive (also known as simple). In this article, we will look in detail at the definition of each of these terms and examine the specific provisions, requirements and procedure for using such licenses as defined by the legislation of Ukraine.
By entering into a full license agreement, the licensee is granted full transfer of all property rights set forth in the patent for the entire term of the contract. However, it is important to note that this type of license imposes certain restrictions on the patent owner's rights. Therefore, there are alternative forms. Take, for example, the use of a non-exclusive (or basic) license, which provides for the transfer of the right to use the object of intellectual property to the licensee. However, the patent owner does not give up his rights and retains ownership of the patent, which allows him to grant licenses to others.
In Ukraine, the law provides that an exclusive license gives the licensee the opportunity to purchase and use the subject of the license, while not allowing any other person to obtain the same license.
- Licenses are issued based on the term of the patent.
- The license agreement must be concluded in writing.
- Registration of the license agreement is carried out by the State Service of Intellectual Property.
- Licenses can be classified as exclusive and non-exclusive.
- Any changes to the license agreement must be made during its term of validity with the consent of both parties and payment of the required fee.
- If necessary, the contract can be terminated early.
- In addition, there is a concept known as an open license that can be applied to both industrial designs and inventions.
During the term of the patent, the patent owner has the opportunity to submit an application for granting permission to any person to use the specified object. However, this application will only be considered if the official gazette contains a publication of the grant of the patent. In addition, the application can be submitted only if the license agreement was not previously concluded.
After that, persons wishing to use the specified permission must enter into an agreement with the patent owner regarding remuneration for its use. The agreement includes a precise definition of both the payment amount and the conditions governing their payment.
The possibility of obtaining an open license can be canceled if no one has approached the patent owner to enter into an agreement on the use of the invention. This provision is prescribed in the laws of Ukraine.
The term "open license" is used in different countries, although there are certain differences in its application compared to Ukraine. In some jurisdictions, the possibility to withdraw such a declaration is not provided.
Legal service "Consultant" offers a wide range of services related to obtaining licenses, in which experienced lawyers can help. If you require a specific type of license, our experienced professionals will provide you with detailed information and guidance. Feel free to contact us for a full list of licensing services available, such as: liquor license, fuel storage license, medical practice license, international freight transport license, taxi license, alcohol production license, etc.
