Originally published by IPPro The Internet, Issue 67, 2018
A licence agreement in Russia is one of the contractual forms of
intellectual property rights disposal. According to article 1235(1)
of the Russian Civil Code, under the licence agreement, one
party—the owner of exclusive rights to the result of
intellectual activity or to means of identification
(licensor)—grants or agrees to grant to another party
(licensee) the right to use such result or such means within the
scope of the agreement.
The scope of a licence agreement to a trademark may depend on
the factual circumstances of the deal, commercial opportunities and
needs of the contractual parties. However, as a general rule, the
licensee will be able to use the licensed trademark only within the
limits as permitted by the licensor, ie, the licensee will not have
the right to use the licensed trademark in any way that has not
been clearly defined in the licence agreement.
