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Facts about IP
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Registration of contracts on the transfer of rights

Management of property rights to the intellectual property is performed on the basis of the following contracts: 
1) license for using the legal object of the intellectual property; 2) license agreement; 3) contract on the order creation and usage of the legal object of the intellectual property; 4) contract on the transfer of the exclusive property rights to the intellectual property; 5) other contracts, connected with the management of property rights to the intellectual property (particularly the franchise agreement or franchise contract as it is often called).

The given subpart is devoted to the peculiarities of contracts on the transfer of the exclusive property rights to the intellectual property and main requirements to their conclusion.

According to the contract on the transfer of the exclusive property rights to the intellectual property one party (a person, who is the holder of the exclusive property rights) transfers partially or fully these rights to the other party in accordance with the law and on the terms, specified in the contract.

Specialists of our Agency will competently and professionally work out contracts on the transfer of ownership rights to intellectual property objects you are interested in, on the basis of the determined tasks, specified by you and on the basis of terms, required by you.

The procedure, which is often called “buying and selling of the trademark”, “cession of rights to the trademark”, etc. sounds in the Ukrainian legislation language something like “transfer of property rights to the trademark”.

By the way, the trademark differs from other objects of the intellectual property particularly by the feature, that its holders have exclusive ownership rights to it.

One can transfer ownership rights to the trademark both in the process of its registration (i.e. when the registration procedure is not over, and the certificate is not issued) and after finishing the registration procedure (when the protection document, the Certificate, is already issued to the trademark). In the first case, the parties sign a contract on transferring the rights to obtaining the certificate; in the second one they conclude the contract on transferring the property rights to the trademark. Specialists of or Agency will be able to help you with the preparation of contracts on transferring the rights to the trademark at any stage of its registration.

One can transfer property rights to the trademark in a full or partial way.

One of the key peculiarities of the contract on transferring the property rights to the trademark is the fact that such a contract is subject to the obligatory state registration. Such contracts are registered in the Department for the intellectual property.

The term of the contract registration amounts about two months. If one makes up a contract with some mistakes or submits the insufficient number of its copies to the registration, or makes some incorrectness during the documents preparation, the process of the contract registration can be substantially delayed. In some cases the experts can return the documents, made up in the wrong way, and the paid state charges will not be returned.

In connection with that, it is very important to apply to the specialists who are familiar with the legislation peculiarities in this sphere. We will be glad to cooperate with you.

According to the Civil Code of Ukraine, personal non-property rights to products are not dependant on property rights and cannot be aliened or transferred. Unlike the property rights.
In accordance with article 31 of the Law of Ukraine “On the copyright and allied rights”, the author (or any other person, holding the copyright) can transfer his property rights in a full or partial way. The transfer of the property rights is fixed by the contract.

Property rights, transferred by the contract, should be clearly specified in it because property rights, which are not stipulated by the contract as the alienated, are considered as untransferred.

Unlike the contracts on transferring the property rights to the trademarks, the contracts on transferring property copyright to the products are not subject to the obligatory state registration. Nevertheless, we strongly recommend registering such contracts because the practice, particularly the consuetude curie, disproves this fact: there should be the state registration of such contracts.

In the recent times we often come across with the signing and state registration of contracts on transferring the property rights to the projects, made up in the order of the labor agreement fulfillment. In accordance with the Civil Code of Ukraine, property rights to such a project belong to the worker, who has produced the project and the legal entity or natural person, where he works, on the mutual basis if the other is not provided by the agreement. With the view of that the employers want to err on the safer side, if their employee will prevent the project use in future.

There are a lot of peculiarities of signing contracts on transferring property rights to the projects.

The transfer of rights to the domain name in the zone .UA has important peculiarities. We have earlier drawn your attention to the fact that .UA domain can be obtained only on the basis of the registered trademark. With the view of that, the trademark and the domain .UA, which corresponds to it, are closely connected during the whole period of the trademark validity term.

Thus, for transferring rights to the domain .UA, one should transfer the rights to the trademark. And for this purpose one should sign a contract on transferring property rights to the trademark and fulfill the process of its state registration.

And only on the basis of the documents, got after such a contract registration, i.e. at least in 2 months, (Resolution of the Department for the intellectual property, and Extract from the state register), you will have a possibility to apply to your register of .UA domain asking him to reregister it to the new owner.

It should be noted that the transfer of rights to the .UA domain is also possible on the basis of the concluded license agreement. By the way, the administrator of .UA domain names has recently fixed the obligatory condition for such cases: the licensing agreement should be registered (despite the fact that in accordance with the Civil Code of Ukraine such a registration is not obligatory). There is a question: is it correct in this case to call the procedure “transfer of rights to the domain”? The trademark owner remained the same. Now this matter is a rather disputable one.

Specialists of our agency will help you make up the contract on transferring property rights to the trademark, you are interested in. they will also successfully fulfill the procedure of such a contract registration.