Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Trademarks
9.
Licensing
9.1
Are there particular requirements, such as quality control by the licensor, for a trademark licence to be valid?
Russian Federation

Answer ... As a general rule, an IP licence must be executed in the form of a written instrument (agreement) that clearly demonstrates the will of the contracting parties in relation to the subject matter of the deal and that contains the material terms required by law, depending on the nature of the deal.

With respect to the quality of goods produced and sold under licence, the licensee and licensor shall bear joint and several liability to consumers.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
9.2
Must trademark licences be recorded with the trademark office or other governing body?
Russian Federation

Answer ... Under Russian law, registration of a contract that mainly concerns the grant of certain licensing rights to registrable intellectual property (including trademarks and service marks) is mandatory, regardless of whether the grant is national or international.

Registration of the licence agreement is a condition for the validity and enforceability of the contract. A non-registered licence agreement in relation to registered intellectual property will be null and void and generally unenforceable by the contractual parties.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
9.3
Can a licensor lose its rights in a trademark by failing to comply with its obligations under the licence, such as maintaining quality control?
Russian Federation

Answer ... No. However, with respect to the quality of goods produced and sold under licence, the licensee and licensor bear joint and several liability to consumers.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
Contributors
Topic
Trademarks