Legal Encyclopedia. Letter L

LICENSE

- (From the Latin Nsepііa -. "Right, permit").

1. The document giving the right to conduct any activities (eg, construction, development of mineral deposits, etc.), on the killing of animals.

2. receive from government agencies authorized to conduct commercial activities in certain areas, the scope and timing, including the implementation of foreign trade activities (foreign L.).

Foreign L. - a special permit on the import, export or transit of certain amount of goods, free import, export and transit are not allowed.

Foreign L. is divided into: general authorization for export and import of goods issued, usually for up to one year; single authorization for import and export for each individual transaction (transaction) for a period necessary for its implementation, but not more than one year.

LA - one of the forms of state control over the export and import of goods, the expenditure of foreign currency. It is obligatory for each participant of foreign economic activity, installed in respect of all or some of the goods and can apply to trade with all or some countries.

3. The authorization granted for contingent consideration legal or physical person (the licensor) to another legal or physical person (the licensee) for industrial and commercial use of the invention protected by the patent, as well as technologies, technical knowledge, experience, trade secrets (know-how) brands, etc.

In this case, the subject of the transfer of LA issued the license agreement and the licensor brings revenue without significant additional costs and to some extent compensated on research and development costs.

For licensee L. acquisition can be significantly more favorable performance

their respective work forces and means.

The nature and scope of the rights to use the technology, there are three kinds of L .:

1) a simple (non-exclusive), which gives the licensor the right to use self-AL and AL issuing similar to any interested parties;

2) exceptional, providing a monopoly to the licensee to use the technology (inventions, etc.) in a given territory. In this case, the licensor refuses independent use of LA and its sales in that territory (sometimes licensor may retain the right to use the subject of L. in the part not transferred to the licensee);

3) full when the licensee to receive all property rights arising out of the subject, L., for the duration of the license agreement. In this case, the licensor rejects this term from its independent use.

When accompanied by an exceptional L. reservations limiting the rights of the licensee, it is called a limited exclusive.

L. on the transfer of a patent without the proper know-how called patent. LA has spread the use of know-how without patent for an invention called the non-patent. Their number is increasing at a sale and investment cooperation projects (sample) new technology.

LA can also be foreign trade, which in turn is export and import, and is authorized by the competent public authority to carry out foreign trade operations, intended for development or, on the contrary, blocking links to certain goods, country or group of countries.

LA patent issued for an invention for which a patent application is filed or received this document.

LA patent cost is usually higher off-patent.

On the grounds and in the manner prescribed by law, the court or the state administration authority may, at the request of the person concerned to establish

L. forced - to give permission to use the patented invention in the conditions determined by it.

L. Force issued, for example, when the invention is used or not used enough (from the state point of view) or when it is connected with national defense interests.

Forced L. installed also in those cases where the invention is of particular importance for the state, but with the patentee has not agreed to grant L.