ОСОБЕНОСТИ УГОВОРА О ЛИЦЕНЦИ У АНГЛОСАКСОНКСОМ ПРАВНОМ СИСТЕМУ
FEATURES OF LICENSE AGREEMENT IN THE ANGLO-SAXON LEGAL SYSTEM

Summary/Abstract: Explaining the historical development of this contract, it is emphasized that in order to understand the nature, character, legal effects and problems that arise in business practice when implementing a license agreement, it is necessary to examine the development of these transactions and their legal treatment in the Anglo-Saxon commercial law system. A characteristic of the so-called Anglo-Saxon license agreement is the possibility of transferring not only industrial property rights, but also copyright and related rights through this agreement. The continental law system treats a license agreement as a contract mainly reserved for the transfer of industrial property rights, which poses certain obstacles to the development of these businesses in countries with a continental legal tradition. Limitations on the development of license contract are evident in certain national legislations, such as the impossibility of transferring copyright and related rights through a licensing agreement. The legislator’s intention is to facilitate the circulation of industrial property rights, the fulfillment of contractual obligations of the contracting parties under the license agreement, but also to protect the economically weaker party in the given agreement. In this sense, the knowledge of other countries in this field is used to facilitate the transfer of industrial property rights, which is carried out through the conclusion of a license agreement, whether it is an exclusive or non-exclusive license.

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