Alienation Agreement

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An agreement on the alienation of intellectual property rights provides for the full transfer (assignment) of the exclusive rights of the patent holder to the buyer. 

Such an agreement must be registered if the rights are transferred to IP objects that are subject to mandatory registration. 

In the terms of the contract, it is necessary, first of all, to clearly define the subject of the contract, i.e. the type of IP object to which the exclusive right is assigned, as well as the terms of remuneration, if the contract is compensated. 

The remuneration can be paid in the form: 

  • Lump sum payment; 

  • Royalty is the percentage of income earned through the transferred exclusive right;

  • Combinations of lump sum and royalties. 

The exclusive right from the copyright holder to the acquirer passes: 

at the time of the conclusion of the agreement on the alienation of the exclusive right, unless otherwise provided by the agreement of the parties (for example, a specific period may be specified in the agreement); 

at the time of state registration of the contract, if the contract is subject to such registration. 

It is not allowed to conclude agreements on the alienation of exclusive rights and licensing agreements for the following IP objects: company name, commercial designation, appellation of origin.

Why is it necessary to conclude an agreement on the alienation of intellectual property rights?

For the owners of certain IP objects, the conclusion of a particular license agreement is one of the main forms of obtaining material benefits from the possession of exclusive rights, and in some cases, the only way to generate income. For example, a copyright holder cannot or does not want to independently use a registered trademark and alienates the rights to it under an agreement on the alienation of rights.


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