Commercialisation of intellectual property
We would like you to consider a business proposal from the Intellectual property department of GRATA Law firm concerning the possibilities of acquiring income from your intellectual property.
First of all please be informed that intellectual property may be possessed by both a legal entity/entrepreneur and an individual.
Intellectual property of a legal entity or an entrepreneur may be in the form of a firm name, a trademark, know-how or a patent for an invention. Intellectual property of an individual may be in the form of literary work, project documentation, musical composition etc. Despite how many items this covers, very often legal entities, entrepreneurs and individuals are not even aware of the existence of intellectual property items.
Did you ever think that any item of intellectual property may bring income to you? Should you approach IP issues professionally, either your firm or you personally may be able to receive a steady benefit from these intellectual property items. In addition, you can also buy the readily prepared business of your favorite trademark and also get the benefit of it. The present proposal will help you to choose one of the current ways of receiving profit from your intellectual property items; each of these consist of different types of transfers of rights for compensation.
First of all please be informed that intellectual property may be possessed by both a legal entity/entrepreneur and an individual.
Intellectual property of a legal entity or an entrepreneur may be in the form of a firm name, a trademark, know-how or a patent for an invention. Intellectual property of an individual may be in the form of literary work, project documentation, musical composition etc. Despite how many items this covers, very often legal entities, entrepreneurs and individuals are not even aware of the existence of intellectual property items.
Did you ever think that any item of intellectual property may bring income to you? Should you approach IP issues professionally, either your firm or you personally may be able to receive a steady benefit from these intellectual property items. In addition, you can also buy the readily prepared business of your favorite trademark and also get the benefit of it. The present proposal will help you to choose one of the current ways of receiving profit from your intellectual property items; each of these consist of different types of transfers of rights for compensation.
Accordingly, there are four ways to transfer intellectual property rights:
1. License agreement;
2. Assignment agreement;
3. Franchise agreement;
4. Author’s agreement;
2. Assignment agreement;
3. Franchise agreement;
4. Author’s agreement;
1. Under the terms of a License agreement there is a transfer of rights over an intellectual property item to a third party for temporary use. In this case the Licensee (accepting party) is granted an exclusive or non-exclusive license for the use of intellectual property item.
Situation: Your plan is to expand the borders of your business.
Decision: For that purpose you enter into a license agreement with firm “X”. In the terms of this agreement, the firm, ”X”, gains rights to use your intellectual property. This right may be in the form of permission to realise or manufacture products under your trademark.
Result: You receive revenue from the use of your intellectual property with a frequency which suits you (monthly, quarterly or yearly).
Decision: For that purpose you enter into a license agreement with firm “X”. In the terms of this agreement, the firm, ”X”, gains rights to use your intellectual property. This right may be in the form of permission to realise or manufacture products under your trademark.
Result: You receive revenue from the use of your intellectual property with a frequency which suits you (monthly, quarterly or yearly).
2. Under the terms of assignment agreement there is a full transfer of intellectual property rights. At the same time after the conclusion of the contract you will not have any rights for the transferred intellectual property item. Essentially, there is a sale of intellectual property rights in this case.
Situation: You leave the country and decide to sell your firm’s name which you do not intend to continue to use in Kazakhstan.
Decision: You enter into an agreement for the assignment of intellectual property rights with firm “X” and at the same time lose all your rights for its further use in Kazakhstan.
Result: You receive the corresponding compensation for the assignment of your intellectual property.
Situation: You leave the country and decide to sell your firm’s name which you do not intend to continue to use in Kazakhstan.
Decision: You enter into an agreement for the assignment of intellectual property rights with firm “X” and at the same time lose all your rights for its further use in Kazakhstan.
Result: You receive the corresponding compensation for the assignment of your intellectual property.
3. In accordance with a franchise agreement the accepting party is granted a complex business license which includes not only rights for intellectual property items, but the whole structure of the Franchiser’s business.
Situation: You want to sell good quality products under a well-known brand of the firm “X” and in this regard use the goodwill of the firm, the know-how of the organisation and how it conducts its business.
Decision: You enter into a franchise agreement with firm “X” and depending on the terms of the agreement, the firm “X” may find you a premises, teach you how to use its equipment and even may provide you with clients.
Result: You buy a ready business and the intellectual property of the firm “X” which will ultimately be beneficial and profitable for you.
Decision: You enter into a franchise agreement with firm “X” and depending on the terms of the agreement, the firm “X” may find you a premises, teach you how to use its equipment and even may provide you with clients.
Result: You buy a ready business and the intellectual property of the firm “X” which will ultimately be beneficial and profitable for you.
4. Under the terms of the author’s agreement, the holder of the copyright may transfer it for temporary use to a third party (legal entity or individual) and get compensation for this transfer.
Situation: You are a creator of software and you want to sell it.
Decision: You enter into an author’s agreement for the transfer of copyright for the software.
Result: You receive revenue form the use of your intellectual property.
Decision: You enter into an author’s agreement for the transfer of copyright for the software.
Result: You receive revenue form the use of your intellectual property.
Should you apply to our firm, we can assist you in resolving all questions arising with regard to your agreements and can help you to select the variant that will meet your requirements and financial position. Here are some of the issues:
• Agreement validity;
• Determination of the basic terms of the agreement;
• Risks with regard to the inclusion of various terms in the agreement;
• Consideration of the possibility and necessity of a sublicense;
• Requirements to execute a sublicense agreement;
• Etc.;
• Agreement validity;
• Determination of the basic terms of the agreement;
• Risks with regard to the inclusion of various terms in the agreement;
• Consideration of the possibility and necessity of a sublicense;
• Requirements to execute a sublicense agreement;
• Etc.;
We hope that the present information will be helpful for you. If you have any questions or require additional information please do not hesitate to contact us. We will be glad to offer you our help.
“GRATA” Law Firm. Intellectual property department
10th floor, 39 Gogol str. (Zenkov corner), Almaty
Tel: +7 (727) 259 01 12
Fax: +7 (727) 259 01 98
e-mail: ip@gratanet.com
10th floor, 39 Gogol str. (Zenkov corner), Almaty
Tel: +7 (727) 259 01 12
Fax: +7 (727) 259 01 98
e-mail: ip@gratanet.com
Best regards,
Aizhan Yessergepova,
Senior Lawyer
Tel: +7 727 259 0112
Fax: +7 727 259 0198
Mob: +7 701 764 05 94
ayessergepova@gratanet.com; ip@gratanet.com
Senior Lawyer
Tel: +7 727 259 0112
Fax: +7 727 259 0198
Mob: +7 701 764 05 94
ayessergepova@gratanet.com; ip@gratanet.com
