États-Unis d'Amérique

Fédération de Russie

Droit d'auteur et droits connexes

12. Articles 1285 and 1307 (IP/N/1/RUS/O/2 at 383 and 391): We are concerned that Articles 1285 and 1307 appear to limit a rightsholders ability to enter into exclusive licenses for a specific right and to require the rightsholders to transfer the "work in full." Can a rightsowner transfer one exclusive right, for example, e.g., the right to perform a work, and still maintain ownership of the other exclusive rights, e.g., reproduction, synchronization?

Author or subject of related right have right to conclude with other person contract of alienation (transmission) of the exclusive right to the concrete result of intellectual activity that is mean transmission of the exclusive right in full without author's possibility to keep right to use such result in accordance with Articles 1285 and 1307 of the Civil CodeCivil Code of the Russian Federation. In this way in case if rightholder transferred the exclusive right to use result of intellectual activity to other person, he does not keep right to use such result. Herewith the Civil CodeCivil Code of the Russian Federation provides also another model of disposal of the exclusive right when rightholder have right to grant for other persons right to use result of intellectual activity by means of conclusion License Contract are provided in Articles 1286 and 1308 of the Civil Code of the Russian Federation. Under the conditions of License Contract rightholder stay as holder of the exclusive right and the licensee acquires right to use object on the conditions established by a contract only (e.g. the reproduction only or the public performance only) on the definite territory in definite terms.