Sale of the patents outside of the country in accordance with the Russian legislation
The material is prepared with the use of legal acts as at 12 December 2009
of the Law Bar Customs & Corporate Lawyers
In accordance with article 129 of the civil code of Russia the results of intellectual activity and equated to them means of individualization (article 1225) may not be alienated or otherwise transferred from one person to another. However, the rights to such results and funds, as well as the tangible media, in which expressed the corresponding results or assets may be alienated or otherwise transferred from one person to another in cases and in the procedure established by the civil code of Russia.
Thus, the right holder may dispose of the exclusive right (if otherwise is not stipulated by the RF civil code), including by its alienation under contract to another person (the contract on alienation of the exclusive right) or the provision of another person the right to use the corresponding result of intellectual activity or means of individualization within the limits established by the contract (license contract) (art. 1229, 1233 - 1238 OF THE RF CIVIL CODE).
The use of an invention, utility model or industrial design shall be considered, in particular:
1) the import on the territory of the Russian Federation, manufacture, use, offer for sale, sale, other introduction into civil turnover or storage for these purposes of a product, which used the invention or utility model, or of a product, in which the use of an industrial design;
2) the actions provided for in subparagraph 1 of this paragraph, in respect of the product obtained directly by the patented process. If the product obtained by the patented process is new, an identical product shall be considered received by the method of the patent, because it is proven otherwise;
3) the actions stipulated by subitem 2 of this item, in relation to a device by functioning (exploitation) of which in accordance with its purpose automatically is a patented method;
4) the exercise of the way in which use the invention, in particular through the application of this method.
Intellectual property rights do not depend on the property right to the material carrier (thing), which expressed the corresponding result of intellectual activity or means of individualization. The transfer of the right of ownership of the thing shall not entail the transfer or grant of intellectual property rights to the result of intellectual activity or means of individualization expressed in this thing (art. 1227 OF THE RF CIVIL CODE).
On the basis of article 1369 civil code of Russia the contract on alienation of a patent, license the contract, and also other contracts by means of which is the disposal of the exclusive right to an invention, utility model or industrial design, made in written form and are subject to state registration with the Federal Executive authority on intellectual property (Federal service for intellectual property, patents and trademarks) .Рассмотрение application for the state registration, registration or refusal to register and notification of the applicant are made in 2-month period from the day of receipt of the documents.