The rights in any intellectual property object may be fully transferred (assigned) by an owner to any person.
The assignment of rights in an intellectual property object is executed, basically, by an agreement on transfer (assignment) of exclusive rights in an intellectual property object.
Under the mentioned agreement, an owner of rights in an intellectual property object (owner) irrevocably and without time limit transfers to another person (assignee) the rights in an intellectual property object on the conditions stipulated by the agreement and according to the current legislation.
IT IS IMPORTANT to know that subject of an agreement on transfer (assignment) of exclusive rights may be the rights effective on the date of conclusion of the agreement, i.e. the rights protected by documents of title(certificates, patents) or the rights that are not subject to the compulsary state registration, which had appeared before the date of conclusion of the agreement in view of creation of an intellectual property object (copyright).
An agreement on transfer (assignment) of exclusive rights is valid, if it comprises the following compulsory conditions:
The parties to the agreement should be exactly specified in the agreement on transfer of rights.
The agreement should contain a designation of the subject of agreement, that is the purpose of the agreement. Understanding the essence of an agreement and its interpretation in case of disputes depends on correctly determining its subject.
The agreement should specify, which intellectual property object exactly is transferred, i.e. the numbers of certificates, patents should be specified.
The agreement on transfer of rights can be both paid and free of charge.
ATTENTION! If rights in one intellectual property object belong to several persons (co-owners), all actions related to the transfer of rights in this object are stipulated by an agreement among co-owners. In this case, the right to sign an agreement may be delegated by the co-owners to one person on the basis of the same agreement or a power of attorney.
Failing the above agreement, each co-owner may use the object at his/her/its own discretion but none of them may transfer the rights to the third person without consent of other co-owners.
An agreement on transfer (assignment) of rights in an intellectual property object should be concluded in writing. The fact of transfer of right should be registered in the State Department of Intellectual Property. |