Agreements of assignment of exclusive rights

Patent attorneys and lawyers of Lexpatent llc provide a wide range of services to record agreements on assignment of exclusive rights with the National Center of Intellectual Property, the International Bureau of the World Intellectual Property Organization, or the Eurasian Patent Organization.

The list of the services for managing the recordal of an agreement normally includes:

  • preparing a draft agreement,
  • examining the documents submitted by the client to determine whether they comply with the mandatory legislation of the Republic of Belarus in the sphere of intellectual property, as well as with recording requirements,
  • preparing a set of documents to be submitted for recordal ofan agreement,
  • filing a request for recordal of an agreement,and performing specialized clerical work throughout the agreement lifecycle.

The following documents will be required in order to record an assignment agreement*:

  • an agreement in three copies (two original copies, one certified copy)**;
  • an original copy of the patent, certificate (if the recordal is performed by the patent authority of the Republic of Belarus);
  • a document attesting payment of the prescribed patent fee;
  • a power of attorney for any party of the agreement.

* - any request for recordal of an agreement on assignment of exclusive rights granted for service inventions, utility models, industrial designs, plant varieties and topographies of integrated circuits must additionally be accompanied by the document confirming that the employee who created such industrial property rights gives his consent to their assignment to a third party.

** - with respect to international trademark registrations, inventions/industrial designs protected by Eurasian patents, it is sufficient to furnish a copy of the agreement.

Our services also include:

  • representing the interests of clients in proceedings before the IP Chamber of the Supreme Court of the Republic of Belarus  (all disputes arising in connection with the application of the law that regulates property relations, as well as related personal non-property relations resulting from the creation, legal protection and use of objects of industrial property, including disputes arising from the nullity, non-performance or improper performance of agreements on assignment of exclusive industrial property rights);
  • representing the interests of the client in administrative or criminal proceedings related to the use of the protected objects of industrial property;
  • carrying out all clerical procedures with foreign patent attorneys, which are required to manage assignment agreements in foreign countries.