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Agreement on the alienation of the exclusive right

Under an agreement on the alienation of exclusive rights (AER), the Rightholder transfers or undertakes to transfer exclusive right to the result of intellectual activity or to the means of individualisation in full to the Acquirer, who becomes their owner.

The exclusive right passes from the Rightholder to the Acquirer at the time of conclusion of the agreement on the alienation of the exclusive right, unless otherwise provided by agreement of the parties. If the transfer of exclusive rights under the AER Agreement is subject to state registration, then the exclusive right passes from the Rightholder to the Acquirer at the time of state registration.

Alienation may be non-gratuitous or gratuitous in case of donation and is carried out at the will of the owner on the basis of the Agreement concluded with the Acquirer of the exclusive right. If the Agreement does not stipulate that it is gratuitous and its price is not indicated, then the Agreement shall be recognised not concluded. In case of violation by the Acquirer of the obligation to pay the Rightholder within the period established by the AER agreement, the Rightholder has the right to demand the return of the exclusive right and compensation for losses in court.

The essential terms of the Agreement include:

  • the price of the Agreement is usually determined in the form of a lump sum payment, but other terms and settlement procedures may be agreed;

  • The agreement on the alienation of exclusive rights is concluded in written form, non-compliance of which leads to invalidity of the agreement;

  • the transfer of exclusive rights under the Agreement is subject to state registration.

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