The questions within the work of the consultation center are received from the legal adviser of a Belarusian exporting company. This company has previously deposited with the Belarusian Chamber of Commerce and Industry the object of copyright in the form
The first question concerned the possibility to conclude a license agreement for an object of copyright (a graphic work) on the territory of the Russian Federation.
The answer covered the concept of the license agreement, and its essential conditions: the written form, the subject matter (the work itself) and the allowed ways of its use, the type of the rights granted (exclusive or simple license) and the reference to its compensatory or non-repayable nature. Unlike the Belarusian legislation, which recognizes the compulsory compensation of the license agreement for commercial organizations, there is no such direct rule in Russia. According to the Civil Code of the Russian Federation, the royalty-free licensing agreement must specify the amount of remuneration for the use of the work or the procedure of calculation of such remuneration. As it is known, if there is no indication of the gratuitous nature of the license agreement, it is considered as compensatory. Additionally the methods of payment of remuneration have been disclosed.
In addition, the essential terms of the contract include the territory (federal districts, regions, cities, districts, etc.), in which the use of works is allowed. If the territory is not specified, the licensee has the right to use the work within the Russian Federation. The contract must specify its duration. If there is no such clause, the agreement is considered concluded for five years.
The second question concerned the registration in the Russian Federation of the trademark of the previously deposited object of copyright (work of graphic arts) already registered as a trademark in the Republic of Belarus.
The answer outlined three ways of possible trademark protection for Belarusian exporters in the Russian Federation: national Russian registration, international registration of the trademark within the Madrid system of international trademark registration and regional registration within the system of trademark registration of the Eurasian Economic Union.
The first two have been successfully used by our exporters for more than 25 years, and the latter is expected to take effect in late 2022 - early 2023.
Also the amount of patent fees for obtaining trademark protection in the Russian Federation under the national and international procedures and the scheme of obtaining such protection were announced.
