MIKHAILYUK SOROKOLAT & PARTNERS

Patent and Trademark Attorneys


INTELLECTUAL PROPERTY NEWS



January 21, 2013
Clarification of provisions of the legislation relating to Assignment of exclusive rights in Belarus

On January 18, 2013 comes into force the Law of July 9, 2012 "On amendments and additions to the Civil Code of the Republic of Belarus and annulment of certain legislative acts of the Republic of Belarus and their individual provisions on rent, mortgage, establishment and operation of financial industrial groups", supplementing the Civil Code of the Republic of Belarus with Article 984," Assignment of exclusive rights".

In accordance with this Article relating to assignment of the exclusive rights, one party (the Assignor) transfers its exclusive right to results of intellectual activity or means of individualization of participants of civil circulation, goods, works or services to another party (the Assignee) in corpore.

The assignment deed shall include a provision on the amount of remuneration or the procedure of determination thereof, alternatively a direct reference to gratuitousness of assignment deed.

The assignment deed shall be in writing and shall be registered in the cases stipulated by legislation. Failure to comply with the written form or registration requirements entail the invalidity of the assignment deed.

Exclusive rights to the intellectual activity or means of individualization of participants of civil circulation, goods, works or services is transferred from the Assignor to the Assignee after conclusion of the assignment deed, unless the assignment deed provides otherwise. Exclusive rights to intellectual activity or means of individualization of participants of civil circulation, goods, works or services under the assignment deed registered in accordance with the legislation is transferred from the Assignor to the Assignee from the moment of its registration.

In this regard, the attention is drawn to the fact that partial assignment of exclusive rights is not allowed according to the legislation of the Republic of Belarus on assignment of exclusive rights.


See all news

simple counter