FEDERAL LAW OF THE RUSSIAN FEDERATION

of March 12, 2014 No. 35-FZ

About modification of parts the first, second and fourth Civil code of the Russian Federation and separate legal acts of the Russian Federation

Accepted by the State Duma of the Russian Federation on February 25, 2014

Approved by Council of the Russian Federation on March 5, 2014

Article 1

Subparagraph 2 paragraphs 3 of Chapter 23 parts one of the Civil code of the Russian Federation (Russian Federation Code, 1994, No. 32, Art. 3301; 2003, No. 2, Art. 167; 2005, No. 1, Art. 39; 2007, No. 27, Art. 3213; No. 31, Art. 3993; No. 41, Art. 4845; 2009, No. 1, Art. 14; 2011, No. 50, Art. 7347; No. 51, the Art. 6687) to add 2013, with Article 358.18 of the following content:

"Article 358.18. Pledge of exclusive rights

1. Exclusive rights on results of intellectual activities and means of individualization of legal entities, goods, works, services and the companies equated to them (Item 1 of Article 1225) can be pledge subject in that measure in what rules of this Code allow their alienation.

2. State registration of pledge of exclusive rights is performed according to rules of the Section VII of this Code.

3. General provisions about pledge are applied to the contract of pledge of exclusive right for result of intellectual activities or for means of individualization (Article 334 - 356), and regulations on pledge of liability laws (Article 358.1 - 358.8) as other is not established by this Code are applied to the agreement of pledge of the rights under the agreement on alienation of exclusive rights and according to the license (sublicensed) agreement and does not follow from content or nature of the appropriate rights.

4. Under the contract of pledge of exclusive right for result of intellectual activities or for means of individualization the pledger during the term of this agreement without the consent of the pawnbroker has the right to use such result of intellectual activities or such means of individualization and to dispose of exclusive right on such result or on such means, except for case of alienation of exclusive right if the agreement does not provide other. The pledger has no right to alienate exclusive right without the consent of the pawnbroker if other is not provided by the agreement.".

Article 2

Bring in part the second the Civil code of the Russian Federation (The Russian Federation Code, 1996, No. 5, Art. 410; 2006, No. 52, Art. 5497) following changes:

Shall be replaced with words 1) in part one of Article 727 of the word "which can be considered as trade secret (Article 139)" "concerning which their owner sets the mode of trade secret";

Item 2 of Article 1028 to state 2) in the following edition:

"2. Provision of right to use in business activity of the user of complex of the exclusive rights belonging to the owner under the agreement of commercial concession is subject to state registration in federal executive body on intellectual property. In case of non-compliance with the requirement about state registration provision of right to use is considered cancelled.";

3) in the paragraph the second Item 2 of Article 1031 the word "agreements" shall be replaced with words "provisions of right to use in business activity of the user of complex of the exclusive rights belonging to the owner on the agreement".

Article 3

Bring in part the fourth the Civil code of the Russian Federation (The Russian Federation Code, 2006, No. 52, Art. 5496; 2008, No. 27, Art. 3122; No. 45, Art. 5147; 2010, No. 8, Art. 777; No. 9, Art. 899; No. 41, Art. 5188; 2011, No. 50, Art. 7364; 2013, No. 27, Art. 3477, 3479; No. 30, Art. 4055) following changes:

1) in Article 1227:

a) in the name of the word "property right" shall be replaced with words "corporeal rights";

b) to add Item 1 after the words "property rights" with the words "and other corporeal rights";

c) in Item 2 of the word "Item 2 of Article 1291" shall be replaced with words "the paragraph the second Item 1 of Article 1291";

d) add with Item 3 following of content:

"3. Provisions of the Section II of this Code are not applied to the intellectual rights if other is not established by rules of this Section.";

2) in Article 1229:

a) state Item 3 in the following edition:

"3. In case the exclusive right on result of intellectual activities or on means of individualization belongs to several persons jointly, each of owners can use such result or such means at discretion if this Code or the agreement between owners does not provide other. Relations of persons to whom the exclusive right belongs jointly are determined by the agreement between them.

The order exclusive right on result of intellectual activities or on means of individualization is performed by owners jointly if this Code or the agreement between owners does not provide other.

Income from joint use of result of intellectual activities or means of individualization or from the joint order or on such means are distributed by exclusive right on such result between all owners in equal shares if the agreement between them does not provide other.

Each of owners has the right to take independently measures for protection of the rights to result of intellectual activities or on means of individualization.";

b) state item 4 in the following edition:

"4. In cases, stipulated in Item 3 Articles 1454, Item 2 of Article 1466 and Item 2 of article 1518 of this Code, independent exclusive rights on the same result of intellectual activities or on the same means of individualization can belong to different persons at the same time.";

To add 3) with Article 1231.1 of the following content:

"Article 1231.1. The objects including official symbols, names and distinctive marks

1. Legal protection as industrial design or means of individualization is not provided to the objects including, reproducing or imitating official symbols, names and distinctive marks or their recognizable parts:

1) state symbols and signs (flags, coats of arms, awards, bank notes and so forth);

2) the reduced or full names of the international and intergovernmental organizations, their flags, the coats of arms, other symbols and signs;

3) official control, warranty or assay brands, seals, awards and other distinctions.

2. The official symbols specified in Item 1 of this Article, names and distinctive marks, their recognizable parts or imitations can be included in industrial design or means of individualization as unprotected element if on it there is consent of the relevant competent state body, body of the international or intergovernmental organization.";

4) in Article 1232:

a) add Item 1 with paragraphs of the following content:

"The owner shall notify respectively federal executive body on intellectual property and federal executive body on selection achievements (Article 1246) about change belonging to state registration of result of intellectual activities or means of individualization of information about the owner: the name or name, the location or the residence and the address for correspondence. Risk of adverse effects if such notification of the corresponding federal executive body is not made or false information is provided, the owner bears.

Federal executive body on intellectual property and federal executive body on selection achievements can make changes to the data relating to state registration of result of intellectual activities or means of individualization for correction of plain and technical errors on own initiative or at the request of any person, previously having notified on it the owner.";

b) state Item 3 in the following edition:

"3. State registration of alienation of exclusive right on result of intellectual activities or on means of individualization under the agreement, state registration of pledge of this right, and also state registration of provision of right to use of such result or such means under the agreement is performed according to the statement of agreement parties.

The application can be submitted by agreement parties or one of agreement parties. In case of filing of application of one of agreement parties one of the following documents shall be enclosed to the application at the choice of the applicant:

the notification on the taken place order signed by agreement parties exclusive right;

the agreement extract certified by the notary;

the agreement.

In the statement of agreement parties or in the document enclosed to the application of one of agreement parties shall be specified:

agreement type;

data on agreement parties;

the subject of the agreement with indication of the document number certifying exclusive right on result of intellectual activities or on means of individualization.

In case of state registration of provision of right to use of result of intellectual activities or means of individualization along with the data specified in paragraphs seven - the ninth this Item, in the statement of agreement parties or in the document enclosed to the application of one of agreement parties shall be specified:

the duration of the agreement if such term is defined by the agreement;

the territory in which right to use of result of intellectual activities or means of individualization is granted if the territory is defined by the agreement;

the methods of use of result of intellectual activities or goods provided by the agreement and services concerning which right to use of means of individualization is granted;

availability of consent to provision of right to use of result of intellectual activities or means of individualization according to the sublicense agreement if it is agreed (Item 1 of Article 1238);

possibility of agreement cancelation unilaterally.

In case of state registration of pledge of exclusive right along with the data specified in paragraphs seven - the ninth this Item, in the statement of agreement parties or in the document enclosed to the application of one of agreement parties shall be specified:

duration of the agreement of pledge;

restrictions of the right of the pledger to use result of intellectual activities or means of individualization or to dispose of exclusive right on such result or on such means.";

c) in item 4 of the word "or means of individualization" to exclude;

d) state Item 6 in the following edition:

"6. In case of non-compliance with the requirement about state registration of transition of exclusive right of result of intellectual activities or on means of individualization under the agreement on alienation of exclusive right or without agreement, pledge of exclusive right or provision to other person of right to use of such result or such means under the agreement transition of exclusive right, its guarantee or provision of right to use is considered cancelled.";

Item 5 of Article 1233 to state 5) in the following edition:

"5. The owner can publicly make, that is by the message to the uncertain group of people, the statement for provision to any persons of opportunity to gratuitously use the sciences belonging to it the work, literatures or arts or object of the related rights on the conditions determined by the owner and during the term specified to them. During the specified term any person has the right to use this work or this object of the related rights on the conditions determined by the owner.

The statement is made by placement on the official site of federal executive body in Internet network. The federal executive body responsible for placement of the corresponding statements, and also procedure and conditions of their placement are determined by the Government of the Russian Federation.

The statement shall contain the data allowing to identify the owner and belonging to it the work or object of the related rights.

In case of absence in the statement of the owner of specifying for term it is considered that the specified term constitutes five years.

In case of absence in the statement of the owner of specifying on the territory it is considered that it is the territory of the Russian Federation.

During effective period the application cannot be withdrawn and the conditions of use provided in it cannot be limited.

The owner has no right to perform the specified actions in the presence of the existing license agreement according to which the exclusive license on use of the work or object of the related rights in the same limits is provided. If the owner performs these actions in the presence of the existing license agreement according to which the paid non-exclusive license on use of the work or object of the related rights in the same limits is provided, is terminated such agreement. The owner who made the corresponding statement in the presence of the existing license agreement shall pay the damages caused to the licensee.

The author or other owner if the exclusive right on the work or on object of the related rights is broken by illegal placement of the statement made according to this Item having the right to require application to the violator of measures of protection of exclusive right according to Article 1252 of this Code.

Provisions of this Item are not applied to open licenses (Article 1286. 1).";

6) in Article 1234:

a) state Item 2 in the following edition:

"2. The agreement on alienation of exclusive right is signed in writing. Non-compliance with written form attracts invalidity of the agreement.

Transition of exclusive right under the agreement is subject to state registration in cases and according to the procedure which are stipulated in Article 1232 of this Code.";

b) add Item 3 with the paragraph of the following content:

"Payment of remuneration for the agreement on alienation of exclusive right can be provided in form of the fixed one-time or periodical payments, percentage allocations from the income (revenue) or in other form.";

c) add with Item 3.1 of the following content:

"3.1. Non-paid alienation of exclusive right in the relations between the commercial organizations is not allowed if this Code does not provide other.";

d) state item 4 in the following edition:

"4. The exclusive right to result of intellectual activities or to means of individualization passes from the owner to the acquirer at the time of the conclusion of the agreement on alienation of exclusive right if the agreement of the parties does not provide other. If transition of exclusive right under the agreement on alienation of exclusive right is subject to state registration (Item 2 of Article 1232), the exclusive right to such result or to such means passes from the owner to the acquirer at the time of state registration.";

e) to state paragraph two of Item 5 in the following edition:

"If the exclusive right did not pass to the acquirer, in case of fundamental breach of obligation by it to pay remuneration for acquisition of right of exclusive right in the time established by the agreement the owner can refuse the agreement unilaterally and demand indemnification, caused by agreement cancelation. The agreement stops after 30-days term from the moment of receipt by the acquirer of the notification on refusal of the agreement if in this time the acquirer did not fulfill duty to pay remuneration.";

7) in Article 1235:

a) state Item 2 in the following edition:

"2. The license agreement is signed in writing if this Code does not provide other. Non-compliance with written form attracts invalidity of the license agreement.

Provision of right to use of result of intellectual activities or means of individualization according to the license agreement is subject to state registration in cases and according to the procedure which are stipulated in Article 1232 of this Code.";

b) add Item 5 with the paragraph of the following content:

"Payment of remuneration for the license agreement can be provided in form of the fixed one-time or periodical payments, percentage allocations from the income (revenue) or in other form.";

c) add with Item 5.1 of the following content:

"5.1. Non-paid provision of right to use of result of intellectual activities or means of individualization in the relations between the commercial organizations in the territory of the whole world and on all effective period of exclusive right on the terms of the exclusive license is not allowed if this Code does not establish other.";

d) in the subitem 1 of Item 6 of the word "and dates of issue" to exclude;

To add Article 1236 with Item 1.1 of the following content:

"1.1. The licensor has no right to use result of intellectual activities or means of individualization in those limits in which right to use of such result or such means of individualization is provided to the licensee under the agreement on the terms of the exclusive license if this agreement does not provide other.";

9) in Article 1237:

a) state Item 1 in the following edition:

"1. The licensee shall submit to the licensor reports on use of result of intellectual activities or means of individualization if the license agreement or this Code does not provide other. If in the license agreement providing submission of reports on use of result of intellectual activities or means of individualization there are no conditions about the term and procedure for their representation, the licensee shall submit such reports to the licensor according to its requirement.";

b) state item 4 in the following edition:

"4. In case of fundamental breach by the licensee of obligation to pay to the licensor in the time established by the license agreement remuneration for provision of right to use of result of intellectual activities or means of individualization the licensor can refuse unilaterally the license agreement and demand indemnification, caused by its termination. The agreement stops after 30-days term from the moment of receipt of the notification on refusal of the agreement if in this time the licensee did not fulfill duty to pay remuneration.";

10) in paragraph one of Item 1 of Article 1240 of the word of "single technology" shall be replaced with words "databases";

11) in Article 1243:

a) state Item 1 in the following edition:

"1. The organization for management of the rights on collective basis signs with users license agreements about provision by it of the rights transferred by it to the control owners to the corresponding methods of use of objects of copyright and related rights on the terms of the simple (non-exclusive) license and collects remuneration for use of these objects from users. In cases if objects of copyright and related rights according to this Code can be used without the consent of the owner, but with payment of remuneration to it, the organization for management of the rights on collective basis signs agreements on payment of remuneration with users, other persons to whom this Code assigns obligation on payment of means for remuneration payment, and raises funds for these purposes.

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