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.
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.
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).
Registration of license agreements
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,
- 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.
Features of concluding a software development contract
Type of software development agreement
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.
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.
Terms of the software development agreement
The contract provides for:
- 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.
How we can be useful in disputes over license agreements software development agreements
Our lawyers and attorneys are experienced specialists in the field of intellectual property and speak English. We can:
- Analyze your license agreements and software development agreements and make recommendations for updating them taking into account the interests of your business;
- Develop a license agreement or a software development agreement taking into account the interests of your business to minimize risks and disputes;
- Negotiate with your business partners to resolve disagreements that have arisen in connection with a license agreement or a software development agreement;
- Prepare documents for judicial review of a dispute under a license agreement or a software development agreement;
- Represent your interests in court proceedings.
Contact us
If you have any questions or disputes about license agreements, software development agreements, we will be happy to help you! Our many years of experience in the field of intellectual property and dispute resolution in this area will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375291422719 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
