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Transfer of the exclusive right without the agreement. 

Transfer of the exclusive right to the result of intellectual activity or means of individualization to another person without conclusion of the agreement with the rightholder is available in the following cases:

  •  universal legal succession (inheritance, reorganization of a legal entity;
  •  execution upon property of the right holder.


Transfer of the right should be registered obligatory with the RUPTO.


Inheritance

 Among the devolved intellectual property rights it is necessary to emphasise the exclusive rights arising in connection with creation of the results of intellectual activity (regarding the inheritance rights to means of individualization, we should indicate that the sphere of its application is not wide, as it concerns only citizen- testators, registered as entrepreneurs and possessing the exclusive right to a trademark).

            It should be noted that heirs may exercise their inheritance property rights only within the period of validity of the exclusive rights. Transferring of the exclusive right shall be exercised by the general rules of transferring of property rights.

            Exclusive rights to the result of intellectual activity or means of individualization are valid within the designated period, except for the cases established by the civil code of the Russian Federation.

            In cases where the result of intellectual activity or means of individualization should be registered, transfer of the exclusive right to the abovementioned result or the mean of individualization by inheritance also should be registered. The Civil Code of the Russian Federation provides for the state registration of the invention, utility model or industrial design, selection achievement, the trademark.

            If the exclusive right to a trademark devolves and there are several heirs, the exclusive right to a trademark will pass by inheritance to the only heir who is an unincorporated entrepreneur. If there are several heirs and they all have the status of an entrepreneur, the exclusive right will pass only to one of them because the right on a trademark under Russian legislation may not belong to multiple persons.