Many entrepreneurs know the situation when they do not have enough money to deploy in the lives of their development, or when there is enough consumer confidence to produce a new market participant. And in both cases the situation will correct conclusion of a license agreement. Under current law under the license agreement, one party - the owner of an exclusive right to the result of intellectual activity or means of individualization (the licensor) grants or agrees to provide the other party (licensee) the right to use such a result or such means as stipulated by the treaty limits. Despite the fact that Russian business license agreement is a fairly new form of contractual relationship, licensed trade rapidly gaining its momentum, particularly in the small business sector. The essence of the license agreement is to provide the interested party the right to use the intellectual property of any property (trademark, software, know-how, copyrights and creative work), with appropriate restrictions, or without them. The license agreement allows you to not only ban the use of intellectual property, but also ensure the licensee of its free and unrestricted use of the contractual term. If the employer acts as the licensor, then it is possible to choose the form of the rights to its intellectual property. He can sign a contract for a software issue, its modification, translation into another language in listening, the dissemination of know-how, etc. The license agreement is made on the production, its implementation, as well as to individual patterns of use of intellectual property rights of the licensor. Activities related to licensing and copyright not regulated at present and subject to the following regulations: Articles 1235 - 1239 Chapter 69 of the Civil Code of the Russian Federation Federal Law "On Copyright and Neighboring Rights" of 09.07.1993 N 5351-1 Patent Law of the Russian Federation on 23 September 1992 № 3517-I license agreement must contain the following conditions: the object transfer and the amount of transferred rights, how to use the licensed products, action, and the term of the agreement, the amount and the payment of remuneration. It is worth the most careful approach to the description of conditions on the quality of goods and control over the quality of the products or services. To maintain product quality licensee it is mandatory to comply with all the technological features and recommendations on the use of licensor's licensed product. Under current law, if the quality of products or services are not the intended licensed, the licensor can not just, and shall prohibit the licensee to use the license. Requirements for quality products, produced under license and control by the licensor are essential terms of the license agreement, without the item, a license agreement may not be registered in the Patent Office. Particular attention is being paid to the subject of the contract, if necessary, then attach to the contract for all possible photographs, drawings, diagrams, layouts, detailed descriptions, technical documentation, etc. In licensing agreements always stipulate the amount of transferred rights: an exclusive license or a simple license. In the application of a simple license seller reserves the right to use the facility to the same extent as in the case of an exclusive license, the purchaser acquires all rights to object. If you purchased a non-exclusive license, the licensee is not superfluous to add the license agreement a condition that the sale of similar licenses licensor of the latter must first notify the licensee. Moreover, the licensee shall indemnify the licensor all losses incurred in connection with their disabilities. Distinguish between full and partial license. Full license gives the right to use the trademark for the entire range of products, and partly - to a specific list of products. Remember that the term of a trademark 10 years, after this period the owner must renew the registration, so if the license agreement is concluded for a longer period than the duration of a trademark, the contract must necessarily be prescribed condition of renewing the registration the owner of the trademark . For other "copyright" agreements terminate the contract in specified therein, as, for example, to buy rights to software validity of contractual obligations may be considered expired on the fact of execution by the parties of their obligations. Describing the rights and obligations of the parties, it is important to be reflected in the license agreement found items such as: 1. assurances that transferred the rights belong to the licensor in full 2. documentation needed to work on the license will be authentic and will be transferred in full; 3. licensee should ensure that the licensor to provide assistance in the development of a license on a contractual basis (pre-and after-sales service, technical support, etc.), the so-called support. 4. in the case of an alteration or discovery of defects, such as software, the licensor must deliver improvements for free. License agreement - is a sufficient degree of personalized agreement requiring multiple descriptions and specifications, so feel free to include in the text of the agreement special conditions which, in your opinion, are important for the execution of this agreement in full and without violations. Important is the condition of confidentiality of the parties, each party to the contract and accepts responsibility for the actions of their employees and partners, and contractors. As a rule, the requirements for confidentiality of information stored for 5 more years after the expiration of the contract. When entering into a license agreement (in the case of acquiring non-exclusive license) should be given to joint advertising campaigns, such can be much more effective. In particular, this applies to buying a franchise and any trademark as a whole. Deductions for promotional events can be represented as a percentage of the payment by the licensee. Download the license agreement for the use of a trademark license agreement Download refundable license to use software product
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