Article 1229. Exclusive Right

1. The citizen or legal entity holding the exclusive right to the result of an intellectual activity or a means of individualisation (right holder) is entitled to use such result or such means at his own discretion by any means that does not conflict with the law. The right holder may dispose of the exclusive right to the result of the intellectual activity or means of individualisation (Article 1233), unless otherwise envisaged by the present Code.
The right holder may at his own discretion permit or prohibit other persons to use the result of the intellectual activity or means of individualisation. The lack of prohibition shall not be deemed consent (permission).
Other persons shall not use the relevant result of the intellectual activity or means of individualisation without the right holder's consent, except for the cases envisaged by the present Code. If taking place without the right holder's consent, the use of the result of an intellectual activity or means of individualisation (including the use thereof by the methods envisaged by the present Code) is deemed illegal and it shall cause the liability established by the present Code and other laws, except for cases when the use of the result of an intellectual activity or means of individualisation by persons other than the right holder without his consent is permitted by the present Code.

2. The exclusive right to the result of an intellectual activity or means of individualisation (except for the exclusive right to a firm name) may be held by one person or jointly by several persons.

3. Where the exclusive right to the result of an intellectual activity or means of individualisation is jointly held by several persons each of the right holders may use the result or means at his own discretion, unless otherwise envisaged by the present Code or agreement between the right holders. Relationships between the persons jointly holding the exclusive right shall be defined by an agreement between them.
Incomes from the joint use of the result of an intellectual activity or means of individualisation shall be distributed among all right holders in equal parts, except as otherwise envisaged by agreement between them.
Right holders shall jointly dispose of the exclusive right to the result of an intellectual activity or means of individualisation, except as otherwise envisaged by the present Code.

4. In the cases envisaged by Item 3 of Article 1454, Item 2 of Article 1466, Item 1 of Article 1510 and Item 1 of Article 1519 of the present Code independent exclusive rights in one and the same result of an intellectual activity or one and the same means of individualisation may simultaneously be held by different persons.

5. Restrictions on exclusive rights in the results of intellectual activities or means of individualisation, in particular, in cases when the use of the results of intellectual activities is permitted without the right holders' consent but when they retain their rights to a fee shall be established by the present Code.
These restrictions shall be established on the condition that they neither inflict an unjustified damage on the ordinary use of the results of the intellectual activities or means of individualisation nor infringe without a good reason on the lawful interests of the right holders.

Article 1230. The Effective Term of Exclusive Rights

1. Exclusive rights in the results of intellectual activities or means of individualisation shall be effective for a certain term, except for the cases envisaged by the present Code.
2. The duration of the effective term of en exclusive right to the result of an intellectual activity or means of individualisation, the procedure for counting the term, the grounds and procedure for extending the term, and also the grounds and procedure for terminating the exclusive right before the expiry of the term are established by the present Code.

Article 1231. The Effect of Exclusive and Other Intellectual Rights on the Territory of the Russian Federation

1. The exclusive rights in the results of intellectual activities and means of individualisation established by international treaties of the Russian Federation and the present Code are effective on the territory of the Russian Federation.
The personal non-property and other intellectual rights not deemed exclusive are effective on the territory of the Russian Federation in accordance with Paragraph 4 of Item 1 of Article 2 of the present Code.

2. When the exclusive right to the result of an intellectual activity or means of individualisation is recognised in accordance with an international treaty of the Russian Federation the content of the right, its effect, restriction, procedure for exercising and protecting the right shall be defined by the present Code irrespective of the provisions of the legislation of the country where the exclusive right came into being, unless otherwise envisaged by the international treaty or the present Code.

Article 1232. The State Registration of the Results of Intellectual Activities and of Means of Individualisation

1. In the cases envisaged by the present Code the exclusive right to the result of an intellectual activity or means of individualisation is recognised and protected on the condition that the result or means is registered by the state.

2. In cases when the result of an intellectual activity or means of individualisation is subject to state registration under the present Code the alienation of the exclusive right to such result or means under a contract, the pledge of the right and the granting of a right to use the result or means under a contract, and equally the transfer of the exclusive right to the result or means without a contract are also subject to a state registration for which the procedure and terms are established by the Government of the Russian Federation.

3. The state registration of alienation of the exclusive right to the result of an intellectual activity or means of individualisation under a contract, the state registration of pledge of the right, and also the state registration of the assignment of a right to use the result of means under a contract shall be carried out by means of the state registration of the relevant contract.

4. In the case envisaged by Article 1239 of the Code the ground for the state registration of provision of the right of using the result of an intellectual activity or means of individualisation is the relevant court's decision.

5. The ground for the state registration of assignment of the exclusive right to the result of an intellectual activity or means of individualisation in line of succession shall be a certificate of inheritance, except for the case envisaged by Article 11657 of the present Code.

6. The non-observance of the provision requiring state registration for a contract of alienation of the exclusive right to the result of an intellectual activity or means of individualisation or a contract of assignment to another person of a right to use such result or means shall cause the invalidity of the relevant contract. If the provision requiring state registration for the assignment of the exclusive right without a contract is not observed, such assignment shall be deemed unaccomplished.

7. In the cases envisaged by the present Code the state registration of the result of an intellectual activity or means of individualisation may be carried out if the right holder so wishes. In these cases, the registered result of an intellectual activity or means of individualisation and the rights in such result are subject to the rules set out in Items 2-6 of the present article, except as otherwise envisaged by the present Code.

Article 1233. Disposing of an Exclusive Right

1. The right holder may dispose of his exclusive right to the result of an intellectual activity or means of individualisation in any manner not contradicting a law and the essence of such exclusive right, including its alienation under a contract to another person (a contract of alienation of the exclusive right) or the granting to another person of the right of using the relevant result of the intellectual activity or means of individualisation within the limits set by a contract (licence contract).
The conclusion of the licence contract shall not cause the assignment of the exclusive right to the licensee.

2. Contracts of disposing of the exclusive right to the result of an intellectual activity or means of individualisation, including contracts of alienation of an exclusive right and licence (sub-licence) contracts are subject to the general provisions on obligations (Articles 307-419) and on the contract (Article 420-453) in as for as otherwise is not established by the rules of the present section or ensue the content or nature of the exclusive right.

3. A contract that does not expressly state that the exclusive right to the result of an intellectual activity or means of individualisation is assigned in full shall be deemed a licence contract, except for a contract concluded in respect of the right of using the result of an intellectual activity or means of individualisation that has been specifically created or is being created for being included into a complex object (Paragraph 2 of Item 1 of Article 1240).

4. The terms of a contract of alienating an exclusive right or of a licence contract limiting a citizen's right to create the results of an intellectual activity of a certain kind or in a certain area of intellectual activity or to alienate the exclusive right to such results to other people shall be deemed null and void.

5. Where a contract of pledge of the exclusive right to the result of an intellectual activity or means of individualisation is concluded the pledgor is entitled to use the result of the intellectual activity or means of individualisation during the effective term of the contract and dispose of the exclusive right to such result or means without the pledgee's consent, except as otherwise envisaged by the contract.

 

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