Amendments to an Agreement
Any amendments made to provisions of an agreement also need state registration and must be executed as a supplementary agreement to the main agreement.
However, if the name or address of a trademark or patent holder’s company change, then the information of this change must be entered into the trademark certificate.
Terminations of a license agreement, including those initiated by mutual consent of the parties also need state registration.
The application for recordal of a license change or a termination at the applicant’s discretion must be accompanied by one of the following documents:
- The documents confirming the required change of a license or termination of the same, or
- Non-certified statement on change/termination of a license, the content of which complies with the content of the form issued by Rospatent.
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Contracts for the use and transfer of intellectual property are divided into types. There are agreements on the complete alienation of exclusive rights. These contracts are not subject to change after conclusion. The second group is agreements on partial granting of rights to intangible assets for use. With mutual consent of the participants, they are allowed to change and amend the provisions of such agreements. The third category includes agreements in which the rights for design, trademarks or inventions are the subject of a pledge. They can also be changed. If the subject of the agreement indicates the rights to registered intellectual property, then the concluded agreement is subject to registration.
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