Why is a license agreement concluded?
The settlement of relations between the parties in the field of intellectual property rights is gaining momentum every year more and more around the world, and Ukraine is no exception.
A license agreement is an agreement according to which one party (licensor) grants to the other party (licensee) permission to use an object of intellectual property rights (license) on conditions determined by mutual agreement of the parties, taking into account the requirements of the law in accordance with part 1 of Article 1109 of the Civil Code Ukraine.
Our experts have collected enough information to explain in detail the main subtleties of the use of license agreements in practice, with answers to the main points that you need to pay attention to, etc.
If it is necessary to draw up an individual contract during the war in Kyiv or Ukraine, we recommend using the legal services of the Consultant to order a turnkey document.
How to avoid mistakes when writing a license agreement?
When concluding this agreement, it is necessary to take into account both the provisions of the Civil Code and the special law regulating relations that arise in connection with the particular object in respect of which the transaction is made.
This is explained by the fact that the Civil Code contains general provisions for all objects of intellectual property, and the features are indicated in special regulations. The possibility of concluding a license agreement is one of the components of intellectual property rights.
In the case of implementation by the right holder, the rights of the licensor voluntarily narrow down, since the circle of persons who can use the object belonging to him expands. That is, by concluding a license agreement, the right holder removes from the counterparty the ban established by law on the use of the specified object of intellectual property.
A license agreement is a transfer of only a non-exclusive right, which is the right to use; also in the contract there is such an object as a transferable license. These are the key aspects that distinguish this agreement from other similar agreements in the field of intellectual property.
Our experts recommend that you first obtain professional advice from lawyers in the field of copyright and related rights in order to form a license agreement in accordance with applicable law and reduce the risk of disputes of any category.
What to look for when concluding a license agreement?
The essential terms of the license agreement are determined in Part 3 of Art. 1109 GKU and these include:
● type of license;
● scope of use of the object of intellectual property rights.
The license agreement must specify the specific rights, envisaged methods of use, the terms of their transfer. Terms, amount and procedure for payments for the use of intellectual property objects.
A mandatory part of the License Agreement is a copy of the work accepted for publication.
Changes in the terms of use of the work are formalized by an additional agreement to the License Agreement on the basis of the current legislation.
If you need to analyze the license agreement or develop an individual document, we suggest using our legal services "Consultant". Our specialists will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.
License agreement template
The best lawyers in the field of intellectual property law and related disputes are ready to provide appropriate advice! We offer high quality services with comfortable service.
It has become much easier to purchase a sample license agreement in Kyiv! You can upload a document in a few simple steps:
● Download the mobile application "Consultant";
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● By clicking the "Buy Template" button, you will immediately receive a link to download the document.
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