UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Nataliia Badora and Ihor Kharytonov, Mamunya IP
Licence Licences as separate written documents are issued by the licensor unilaterally. It is less for- mal than the licensing agreement. However, it still must contain the type of licence (exclusive/ sole/non-exclusive), the specific rights being licensed, the methods of use of the IP object in question, and the territory and term for which the rights are licensed. A licensee may sub-licence if a licence or licence agreement explicitly contains a respective provi- sion. 10.4 Procedure for Licensing an Intellectual Property Right Given that registration of licence agreements or licences is not mandatory, the licensing is done by executing an original copy of the licence or licence agreement.
arate unilateral written document. There is no mandatory registration of licensing agreements or licences with the UA PTO, though it may be done per the request of the licensor or the licen- see. Licensing Agreement A licensing agreement shall be executed in writ- ing and contain: • the type of licence (exclusive/sole/non-exclu- sive); • the specific rights being licensed; • the methods of use of the IP object in ques- tion; • the territory for which the rights are licensed; • the term for which the rights are licensed; • the amount; • the order; • the terms for payment for the licence; and • other provisions as the parties see fit. If the type of licence is not indicated, it is deemed non-exclusive. If certain rights or methods of use are not mentioned in the licence, they are deemed not licensed. A right that was not valid at the time of licensing may not be licensed. If the territory is not defined, the licence is deemed to cover the whole territory of Ukraine. An agreement may be executed for any term not exceeding the period for protection of licensed IP rights. If a certain term is not set forth in the agreement, it shall be deemed effective until expiry of the licensed IP rights but for no more than for five years. If no party notifies the other to the contrary, after five years, it is extended for an indefinite time – but any party may then dissolve the agreement with advance notice in six months (longer, if so agreed by the parties). Addition- ally, both licensor and licensee can dissolve the agreement if another party breaches its terms.
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