IP Transfer & Licences

Transfer and licensing of intellectual property rights

If there is a need to transfer the rights to a certain intellectual property object to another person, an agreement on the transfer of property rights is concluded. Such an agreement may be used in situations where:

• The intellectual property object is contributed to the charter capital of the company.
• An object is created to order (for example, software development, design, invention).

Licence agreement

If you want to retain ownership, but grant permission to use the intellectual property to other persons, a licence agreement is concluded. In this case:

• The licensee (the one who obtains the licence) may use the facility for a period of time specified by the parties.
• The licensing terms (territory, scope of rights, type of licence, etc.) are set out in the agreement.

Features of international licensing and transfer of rights

The procedure for transferring property rights and obtaining licences may differ from country to country:

• Type of object (invention, utility model, trademark, industrial design, copyright, etc.);
• Forms and specifics of initial registration (national or international);
• The requirements of the legislation of the country in which the agreement is registered or where the facility is to be used.

How CLEVERSHIELD can help

CLEVERSHIELD Agency, with its professional experience and in-depth knowledge in the field of intellectual property, provides a full range of services for the preparation and conclusion of rights transfer agreements and licensing agreements:

1. Analysis of the object and legal situation

• Determining which rights are transferred (property rights or part of property rights).
• Checking the legal status of the object (availability of valid certificates, patents, etc.).

2. Drafting contracts

• Drafting rights transfer agreements or licensing agreements, taking into account the client’s needs and legal requirements.
• Determining the scope, timing, cost and territory of use.

3. Registration actions

• If the law requires mandatory registration of contracts with state authorities (for example, Ukrpatent), CLEVERSHIELD specialists will help you to properly prepare and submit all documents.

4. Legal support and consultations

• Providing advice on international licensing and transfer of rights.
• Communication with counterparties, verification of contractual risks, introduction of amendments and additions.