
Software Licensing
Protect your rights in IT contracts. Get expert legal help for software licensing disputes.
Sometimes companies have disputes over intellectual property contracts. The resolution of such issues has its own peculiarities. Successful resolution of such disputes requires the assistance of a lawyer who is competent in matters of license agreements and software development contracts.
Why Your Business Needs a Strong Software Licensing Agreement
With Belarus’ booming IT industry, clear software licensing agreements are essential—especially for Hi-Tech Park residents and companies relying on proprietary software. These contracts let you grant usage rights without giving up ownership, protecting your core assets and revenue.
Belarusian law offers added options for HTP residents, allowing full or partial licensing, user permissions, or broader IP management under the Civil Code. A well-crafted agreement limits risks, defines obligations, and supports growth. Legal guidance ensures your contracts safeguard your software and maximize its commercial value.
Types of Software Licenses in Belarus and in Practice
Belarusian law recognizes two main forms of license agreements. A non-exclusive license lets the owner keep using the software and issue the same rights to others. An exclusive license means those rights go only to one licensee, blocking use or transfer to third parties.

Features of the conclusion
In practice, licensing goes beyond these strict legal categories. Businesses often rely on commercial, shareware, open source, or freeware models. Each has its own rules on ownership, costs, and whether the software can be modified without approval.
Before using any software, a user must check if their intended use matches the license terms. If the owner plans to license multiple users, they’ll choose a non-exclusive agreement. For single-user rights, they’ll opt for an exclusive license.
Poorly drafted agreements can backfire, accidentally giving competitors rights to your software. That’s why it’s essential to have contracts precisely tailored by legal experts. Our team knows Belarusian intellectual property law inside out and provides comprehensive support in drafting software and IP agreements.
Features of the conclusion of a license agreement
The copyright holder of the exclusive right to an intellectual property object may allow another person to use the object under a license agreement. The parties to the license agreement are called the Licensor (this is the copyright holder who authorizes the use of the object to another person) and the Licensee is the person to whom the copyright holder authorizes the use of the intellectual property object.

License Types
Terms of the license agreement
The license agreement between the companies should always provide for remuneration in favor of the licensor.
The contract usually includes conditions on the validity period of the license agreement and the territory in which it operates. When there are no such conditions in the contract, it is considered that, accordingly, the contract with the author is concluded for three years and is valid within Belarus.
When concluding a license agreement with the author, it is necessary to provide in the agreement the ways of using the work by the licensee.
A simple (non-exclusive) license
The licensor may transfer the right to use the intellectual property object under the license agreement and at the same time retain the right to use and transfer the right to use to other persons. This is called a “simple (non-exclusive) license”.
Exclusive license
When the licensor simultaneously transfers the right to use an intellectual property object and refuses to transfer this right to other persons, retains the right to use the object in the part that he did not transfer to the licensee, this is called an “exclusive license”. The exclusive license must be specified in the text of the contract. By default, the license is simple (non-exclusive).

License Registration
In the State Register of License Agreements, it is necessary to register license agreements granting the right to use inventions, utility models, industrial designs, plant varieties, integrated circuit topologies, and trademarks and service marks protected in Belarus.
Such agreements are valid from the date of their registration with the patent authority. In Belarus, this is a state institution, the National Intellectual Property Center.
Belarusian legislation does not require the name of a software development contract. From the point of view of the relations between the parties to the contract for the performance of work and the transfer of its result, the norms on the contract are suitable. Under such an agreement, one party (contractor), on the order of the other party (customer), performs the work specified in the contract and delivers it to the customer within a certain period of time. The customer accepts and pays for the work.
Type of software development agreement
When the contractor is an individual, it is possible to conclude an agreement with him on the creation and use of the results of intellectual activity.
When developing software, you can formalize a relationship with the customer with an agreement on the performance of technological work.

Contract disputes
The contract provides for the following: at whose expense and by whose forces the work is being done; whether the contractor has the right to involve subcontractors; the price of the contract; the procedure for checking the progress and quality of work by the customer; the contractor’s obligation to eliminate the shortcomings of the work performed at his own expense, etc.
Our experienced lawyers will guide you on the terms of the software development agreement.
Since a computer program is an object of intellectual property and copyright, in relation to the disposal and transfer of software to the customer, it is necessary to use the provisions on the disposal of the exclusive right.
What disputes may arise under license agreements and software development agreements
Most often, disputes are related to the quality of the work performed: the elimination of deficiencies within the agreed time frame, timely software improvements and collection of payment for the work performed.
Disputes under contracts are resolved in a mandatory pre-trial procedure, usually a claim procedure, unless a different procedure is provided for in the contract.
When a dispute is considered in court, the court analyzes the contract for compliance with legal requirements. When a software development license agreement does not meet, for example, the requirements for such an agreement, the court will refuse to resolve the dispute. Our lawyers will study all the documents, advise you on possible prospects for resolving the dispute and represent your interests in court and other government agencies.
Our Services
FAQ
A license agreement legally allows someone to use your intellectual property under set conditions. It protects your rights, ensures fair use, and helps avoid costly conflicts.
Define the IP clearly, set the term, territory, payment, and rights—like whether it’s exclusive. These details prevent misunderstandings and secure your interests under the law.
Most disputes stem from vague terms, unclear payment rules, or misuse of the licensed asset. A poorly drafted contract leaves loopholes that fuel conflicts and lawsuits.
Send a formal demand to fix the breach and claim damages. If unresolved, file a lawsuit. Strong evidence and a well-drafted contract increase your chance of winning.
Software licensing must address source code use, modifications, distribution, and third-party rights. It requires extra care to protect IP and meet copyright laws on software specifics.
Experienced attorneys draft precise agreements, spot risks, and handle enforcement, saving you from disputes. They also streamline deals involving foreign partners and complex IP rights.
Contact our firm for a tailored consultation. We’ll draft or review your agreement, ensure compliance with Belarusian and international law, and protect your business at every step.
Contact us
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LawyerLegal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
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E-mail
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AddressOffice: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
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Working hoursMonday-Friday 9:00-19:00