IN THE FIELD OF INTELLECTUAL PROPERTY
As the author of a work, invention, utility model, or owner of a trademark, industrial design, you have the exclusive right to allow the use of the object created by you and to prohibit its unauthorized distribution. Perhaps the most effective way to exercise your intellectual property rights is to enter into agreements for the disposal of intellectual property rights.
How to choose the type of contract that will be most effective and appropriate in your situation?
There is a rather large and inexhaustible list of agreements in the field of intellectual property, which is contained, in particular, in the Law of Ukraine "On Copyright and Related Rights" and the Civil Code.
Among the most common agreements concluded in the field of intellectual property:
Agreement on the transfer of the exclusive right to use the work;
Agreement on the transfer of a non-exclusive right to use the work;
Agreement on creation by order of the object of intellectual property rights;
Franchise agreement, agreement on coexistence of trademarks, etc.
It is very important at the stage of choosing the appropriate contract to consult with qualified specialists. The type of agreement that will be concluded between the parties directly affects the scope of rights and obligations of the parties and the peculiarities of the relationship between them. That is why it is critical to take a responsible approach to the choice of the transaction that will most effectively and profitably regulate the specific situation.
What does everyone need to know when concluding contracts for the disposal of intellectual property rights?
Each of the above agreements has its own characteristics that must be taken into account when concluding in order to properly and effectively regulate relations between the parties.
One of the features of this category of contracts is that they are all concluded only in writing. Failure to comply with this requirement entails the invalidity of the transaction. The current legislation contains some exceptions, in particular, regarding contracts for the publication of works in periodicals, which may be concluded orally.
Special subject of the contract
The object of intellectual property rights, in respect of which the relevant agreement is concluded, in fact does not have strict limits and restrictions. It can be any work of literature, science, art, an object of related rights (phonogram, videogram), an object of patent law (inventions, utility models and industrial designs), or even a trademark.
The only thing worth paying attention to is that the subject should be the result of the actual creative activity of man and must be expressed in material form.
A very important element of agreements on the disposal of intellectual property rights is the stipulation of their payment.
It is very important for you, as the author of a work or invention, to make sure that your intellectual property is properly rewarded. The legislation sets minimum remuneration rates (royalties) for the use of copyright and related rights.
The amount of rights transferred
It is important to remember that no copyright agreement can be transferred under any contract. This means that under no circumstances can you be denied recognition of your authorship. No agreement may distort, distort or alter your work or perform any act that may damage the honor or reputation of the author.
Also extremely important are the provisions of the law prohibiting the conclusion of contracts that may limit the right of the creator of the object to create other objects, as well as those conditions that worsen the position of the author compared to the position established by law.
Term of the contract
The above agreements are valid for as long as the intellectual property right exists (ie for the term of the patent or certificate, or 50 years after the death of the author for the work).
In order to save your time and eliminate all possible risks, it is better to rely on lawyers in the field of intellectual property, who will help at the stage of advising on choosing the right contract, and in prescribing its terms, and accompanying its conclusion and enforcement .
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