International Patent Office "Avtorstvo"

Marksa prospect, 57, office 16, Novosibirsk, RUSSIA
Tel.: +7 (383)354-14-88, +7-906-907-32-77-russian,

Alienation agreement

According to the alienation agreement of the exclusive right holder transfers his right to result of intellectual activity (invention, useful model, industrial design, computer program,composition and so on) or brand identity (trademarks, service marks, brands) to the third party in full measure. These agreements are also called sale of patents or trademarks.


Agreement on the alienation of the exclusive right takes shape in written form. For the registration of the alienation agreement, it is necessary to pay official fee, size of which will depend on a kind of the subject, and on the quantity of the alienable subjects.

Remember that acquisition of the subject right according to the agreement on the alienation does not guarantee an opportunity of the “monopoly” disposal because the original right holder could conclude franchise and license agreements, currency of which will transfer to the new right holder before the end of the term.

To escape appearance of unforeseen situations after the acquisition of the right according to the agreement, previously it is necessary to check both the presence of encumbrance over transferred subject and authority of a person or persons who will visa the transaction.

Our Patent Agency makes freedom-to-operate search of the transferred subject and spread of the alienator rights. Experts of the Agency will be glad to help you in preparation of the transaction!


License agreement


According to the license agreement right holder (licensor) gives a permission to use a protected subject of the intellectual property (trademark, invention, useful model, industrial design, computer program) in a volume provided by the agreement to other person (licensee), and the last takes the responsibility to make contracted payments to the licensor and (or) realize another acts stipulated by the agreement (contract).

 Trademark and patent licenses should be registered, computer programs and databases licenses should not be registered.

License agreement is    non-gratuitous, that is why if there is not a term about the size of remuneration or order of its determination in it, such agreement shall be deemed unconcluded.

Security of the intellectual property subject has territorial nature. Territory on which the license agreement acts cannot be wider than the territory of the legal protection of the intellectual property subject. Moreover, if it is defended on the territory of the Russian Federation, then the license agreement can be concluded only for use of the subject on the territory of the Russian Federation.

License agreement function is limited by the legal protection currency of the transferred subject. Thus, for example, you can conclude and registered trademark license agreement in Rospatent for a period of maximum 10 years. You should also remember that you can conclude a license agreement only on the already registered in Rospatent subject.

Although, according to the Rospatent order, the reason of the refusal to register license agreements can be      absence of the necessary set of documents or existence of mistakes in their execution, practically the agency refuses in the registration because of much larger list of reasons.

You should also have in mind that in case of refusal to register license agreement, Rospatent does not return official patent fee to the applicant!

Patent attorneys and lawyers of our patent agency have a great experience of elaboration and support of the license agreement registration. Before filing of the documents, we can make detailed study of the current situation, educe possible reasons of the refusal of the agreement registration and help with their neutralization, if requested by the customer.

We can guarantee maximum possible result of the realization of the project of your intellectual property transfer under terms of the agreement!


 Franchising agreement


According to the franchising agreement organization or entrepreneur, possessed exclusive rights, transfers the right to use the complex of exclusive rights, which includes right to trademark or service mark, and other exclusive rights, particularly, to patents, know-how and others, to another organization or entrepreneur. In other words, concluding such agreement, the right to use a brand that was registered as a trademark should be obligatorily transferred. 

Franchising agreement has complex nature. It has elements of license agreement, non-gratuitous service agreement, joint operation agreement and even of purchase and sale agreement.

Right holder, concluding the franchising agreement, has the highest possibility to control user’s activity, including:

control quality of the rendered services or output directly (this is not the right but the  obligation of the right holder)

  • claim distinct execution of instruction of customer service organization, adherence of fixed manufacturing techniques, building and service area decoration and so on
  • claim arrangement of the goods and services prices fixed by the right holder

Also in such agreement terms, which limit the user in his rights to conclude similar agreements with right holder’s competitors, can be required.

What is more, the agreement obliges the right holder to provide user with technical and consulting assistance, give the staff order and instructions.

Experts of our patent agency are ready to create a correct agreement, based on current legislation and legal precedents trends, which will meet your needs and will pass the state registration without any risks.