Who faced the process of registering a license agreement with Rospatent?

Question

Copyright

There was a need to draw up a license agreement. As usual, suddenly, it turned out that "Licensed (sublicensed) agreements are subject to mandatory state registration with Rospatent, without which they are considered void." Who went through this procedure - please tell us the nuances, I will be extremely grateful.
Thank you.

Answer 1

Indeed, according to Part 2, Clause 2, Art. 1235 of the Civil Code of the Russian Federation, "a license agreement is subject to state registration in the cases provided for by paragraph 2 of Article 1232 of this Code."
P. 2 Art. 1232 states that “when the result of an intellectual activity or a means of individualization is subject to state registration in accordance with this Code, the alienation of the exclusive right to such a result or to such a means under a contract, the pledge of this right and the granting of the right to use such a result or such means under a contract, and likewise, the transfer of the exclusive right to such a result or to such a means without an agreement is also subject to state registration.
In practice, this means that if the software (or other result of intellectual activity) transferred under a license agreement, the main license agreement under which rights are transferred under a sublicense agreement, is registered, then registration of the license/sublicense agreement is also required.
The most detailed regulations, including visual diagrams of the license agreement registration process, as well as sample applications, can be found on the FIPS website: www1.fips.ru/wps/wcm/connect/content_ru/ru/documents/russian_laws/order_minobr/administrative_regulations/test_9/

Answer 2

I could be wrong, but it looks like a scam. The second paragraph of paragraph 2 of Art. 1235 of the Civil Code of the Russian Federation states that "a license agreement is subject to state registration in the cases provided for by paragraph 2 of Article 1232 of this Code." The corresponding article describes cases when the very result of intellectual activity or a means of individualization requires state registration in accordance with the Civil Code of the Russian Federation. At the same time, in Art. 1259 directly states: 4. Registration of a work or compliance with any other formalities is not required
for the emergence, exercise and protection of copyright . With regard to computer programs and databases, registration is possible, carried out at the request of the right holder in accordance with the rules of Article 1262 of this Code.

Answer 3

Plenum of the Supreme Court of the Russian Federation No. 5
Plenum of the Supreme Arbitration Court of the Russian Federation No. 29
Resolution dated March 26, 2009
On some issues that have arisen in connection with the entry into force of part four of the Civil Code of the Russian Federation
Clause 38.1. According to paragraph 2 of Article 1235 of the Civil Code of the Russian Federation, a license agreement is subject to state registration in cases specified in paragraph 2 of Article 1232 of the Code. Such cases include, among other things, the granting of the right to use the result of intellectual activity subject to state registration or means of individualization. At the same time, by virtue of paragraph 7 of Article 1232 of the Civil Code of the Russian Federation, this rule also applies to the result of intellectual activity registered at will (in particular, to computer programs and databases), unless otherwise established by the Code.
With regard to computer programs and databases, otherwise is established by paragraph 5 of Article 1262 of the Civil Code of the Russian Federation, according to which only the following are subject to state registration:
1) agreements on the alienation of the exclusive right to a registered computer program or database;
2) transfer of the exclusive right to such a program or database to other persons without an agreement.
Other agreements, including license agreements on granting the right to use a computer program or database, are not subject to state registration.