exclusive right in law represent a monopoly of a particular person to perform certain acts, mostly associated with the ideal object, the value of this monopoly is precisely exclusiveness.More likely to use the equivalent of the term - intellectual property.
Each object of this type of property has its particular owner, and it has the exclusive right to work.This right gives the holder the power to control the use of the product of intellectual activity.
In modern conditions to the development of business we are surrounded by objects of someone else's intellectual property - pictures, advertising texts, videos, trademarks and logos, and so forth. It is tempting to use the results of the labor of others - for example, put on your website favorite photo orto include in its own article a couple of paragraphs from someone else.It turns out that the exclusive right of almost every author is very often violated.Let's see what legal means can be issued authorization from the owner to use the object of his intellectual activity (of course, if such a permit is available).
list of such objects (very extensive) provided for in Article 1225 of the Civil Code.In addition, each object is the legal owner.That is the legal owner (ie the owner) has the exclusive right (on the other - property) on the object, giving the opportunity to earn income from its use.
temptation (often considerable) to use the product of others' labor, protected by copyright or property rights, is fraught with bringing to justice - administrative, civil, or even criminal.
For contract making such use of the law, it is necessary to establish who owns the exclusive right to object.It can be an author or a group of co-authors or other person lawfully obtained the rights to the product.For example, the employer of the author, his remuneration.This approach is often practiced among web writers writing in order.
contract concluded with the owner, it can be complete (the so-called agreement on alienation of the exclusive right) or license.In the first case there is a complete assignment (alienation) the rights of a third party.The license agreement includes only partial (temporary) transfer of rights to the product.
Let us consider both options.According to the agreement on the alienation (assignment), the franchisor gives exclusive rights to the product in full without any restrictions.Such an agreement should be concluded in writing only, while in the case of transfer of rights to the objects subject to state registration, the contract must also be registered.Such objects are industrial designs and models, trademarks, inventions, achievements of breeding.At the request of the authors recorded the database and computer programs, with the agreement of the rights holder gives their rights completely and forever.
license contract involves the use of an object partially or fully, with the transfer of possession does not occur.Use may not be subject to all rights to the product, but only a portion of them specified in the contract (processing, reproduction, distribution, rental, transfer, etc.).That is the licensee (get license) as it "leases" an object, not all buys.The license, in turn, can be exclusive (others can not be given), simple or non-exclusive - when the right to acquire it can take advantage of other persons, and mixed.
important condition for both forms of contract is the payment of compensation.The contract can be compensated (with fee) or not by mutual agreement.In the absence of agreement in the text of the corresponding point of the contract is considered to be the default for compensation.
remuneration may be paid in a lump sum, per cent of earned income or as a combination of both.
in any form is prohibited agreement include provisions restricting the right of the author to create other works.These conditions are deemed null and void under the law as limiting the legal capacity of a citizen.
