Exclusive Rights Legal Control

The holders of property rights to intellectual property have an exclusive right to use this object.

The copyright holder can use the exclusive right in various ways: to use the object at its discretion, or to grant or transfer this right to other persons.

Transfer or grant (assignment) of exclusive rights is a transaction that should be executed in as an agreement. There are the types of contractual relations on the exclusive right usage presented below.

Pledge Agreement

According to Art. 1022 of the Civil Code of the Republic of Belarus, property rights to a trademark (if a certificate is availiable) may be used as collateral.

It means that the value of the designation registered as a trademark (its value) may act as security for the performance of the obligations under the agreement.

Due to the specifics of the object of the pledge, the regulations of both the Civil Code and other legislative acts will apply to this type of contract.

Strict observance of the legislation and agreement on small but important nuances will make it possible to draw up a property rights pledge agreement correctly, and protect the parties from possible risks.

Assignment contract

This contract is similiar to the contract of purchase: the owner is changing.

An assignment contract may be concluded for the copyright, trademarks and intellectual property. Please note that due to the specifics of the subject of the contract, the procedure for execution and conclusion of a contract will have some nuances. You can read more about the assignment contract here.

License agreement

Under a license agreement, it is also possible to provide another person with the right to use an intellectual property object. For example, use photographs of the author, publish poems, apply a trademark on products for sale, and so on. In this case, the object of intellectual property seems to be "let out for lease". Under such an agreement, ownership is not transfered, and the property can be used by a wide range or a limited group of persons: it depends on the type of license.

Of course, a license agreement is not so simple. It also requires detailed studies. The legislation has established certain requirements for the content and the procedure of its registration. More information on the types and nuances of the license agreement you find here.

Franchise contract

Under a franchise agreement, business entities can provide a whole range of services to the interested parties (legal entities). It includes the right to use a company name and trademarks. It also provides access to undisclosed information and other preferences. Thanks to such legal relationships, a company that gained an excellent reputation will be able to expand its activity around the world.

A comprehensive entrepreneurial license is beneficial for both parties: for the owner it provides market expanding and financial benefits, and for its user it provides a well-established business.

This type of contract must get state registration, it goes through thorough examination by state bodies. The Beliaevs & Partners company published more information about this contract here.

There are many ways to manage intellectual property rights. However, in order for both parties to get maximum benefit and act within the framework of the agreements, it is necessary to draft properly the text of the contract. Also, for a contract to be valid, it should be drafted according to the legislation, and in some cases, it should be registered.

We are inviting you to visit our specialized sites on intellectual property: bvpatent.by and trademarks: trademarks.by