The license is open.

1. A license agreement, under which the author or other right holder (licensor) grants the licensee a simple (non-exclusive) license to use a work of science, literature or art, can be concluded in a simplified manner (open license).

Open license is a contract of adhesion. All its terms and conditions must be accessible to an indefinite number of persons and placed in such a way that the licensee becomes familiar with them before using the relevant work. An open license may contain an indication of actions, the commission of which will be considered acceptance of its terms (Article 438). In this case written form the agreement is considered to be complied with.

2. The subject of an open license is the right to use a work of science, literature or art in provided for by the agreement limits.

The licensor may grant the licensee the right to use the work it owns to create a new result. intellectual activity. IN in this case, unless otherwise provided by an open license, it is considered that the licensor has made an offer to conclude an agreement (clause 2 of Article 437) on the use of his work to any persons wishing to use a new result of intellectual activity created by the licensee on the basis of this work, within the limits and on the conditions which are covered by an open license. Acceptance of such an offer is also considered acceptance of the licensor’s offer to conclude license agreement regarding this work.

3. An open license is royalty-free unless otherwise provided.

If the validity period of an open license is not determined, in relation to computer programs and databases, the contract is considered concluded for the entire validity period exclusive right, and in relation to other types of works, the contract is considered to be concluded for five years.

If the open license does not indicate the territory in which use of the corresponding work is permitted, such use is permitted throughout the world.

4. The licensor who has granted an open license has the right to unilaterally fully or partially renounce the agreement (clause 2 of Article 450.1), if the licensee grants third parties the rights to use a work owned by the licensor or to use a new result of intellectual activity created by the licensee based on this work, beyond the limits of the rights and (or) on other conditions than those provided by the open license.

5. Author or other copyright holder if the exclusive right to a work is violated illegal actions for the provision or use of an open license, has the right to demand the application of measures to protect the exclusive right to the violator in accordance with Article 1252 of this Code.

Article 1286.1. Open license to use a work of science, literature or art

1. A license agreement, under which the author or other right holder (licensor) grants the licensee a simple (non-exclusive) license to use a work of science, literature or art, can be concluded in a simplified manner (open license).

An open license is a contract of adhesion. All its terms and conditions must be accessible to an indefinite number of persons and placed in such a way that the licensee becomes familiar with them before using the relevant work. An open license may contain an indication of actions, the commission of which will be considered acceptance of its terms. In this case, the written form of the agreement is considered to be complied with.

2. The subject of an open license is the right to use a work of science, literature or art within the limits provided for by the agreement.

The licensor may grant the licensee the right to use the work owned by him to create a new result of intellectual activity. In this case, unless otherwise provided by an open license, it is considered that the licensor has made an offer to conclude an agreement (clause 2 of Article 437) on the use of his work to any persons wishing to use a new result of intellectual activity created by the licensee on the basis of this work, within the limits and under the conditions provided by the open license. Acceptance of such an offer is also considered acceptance of the licensor’s offer to conclude a license agreement in relation to this work.

3. An open license is royalty-free unless otherwise provided.

If the validity period of an open license is not determined, in relation to computer programs and databases the contract is considered to be concluded for the entire period of validity of the exclusive right, and in relation to other types of works the contract is considered to be concluded for five years.

If the open license does not indicate the territory in which use of the corresponding work is permitted, such use is permitted throughout the world.

4. The licensor who has granted an open license has the right to unilaterally fully or partially withdraw from the agreement (clause 2 of Article 450.1), if the licensee grants third parties the rights to use a work owned by the licensor or to use a new result of intellectual activity created by the licensee on the basis of this works outside the scope of rights and (or) on terms other than those provided for in the open license.

5. An author or other right holder, if the exclusive right to a work is violated by unlawful actions to grant or use an open license, has the right to demand that measures to protect the exclusive right be applied to the violator in accordance with Article 1252 of this Code.

Civil Code of the Russian Federation Article 1286.1. Open license to use a work of science, literature or art

1. A license agreement, under which the author or other right holder (licensor) grants the licensee a simple (non-exclusive) license to use a work of science, literature or art, can be concluded in a simplified manner (open license).

An open license is a contract of adhesion. All its terms and conditions must be accessible to an indefinite number of persons and placed in such a way that the licensee becomes familiar with them before using the relevant work. An open license may contain an indication of actions, the commission of which will be considered acceptance of its terms. In this case, the written form of the agreement is considered to be complied with.

2. The subject of an open license is the right to use a work of science, literature or art within the limits provided for by the agreement.

The licensor may grant the licensee the right to use the work owned by him to create a new result of intellectual activity. In this case, unless otherwise provided by an open license, it is considered that the licensor has made an offer to conclude an agreement (clause 2 of Article 437) on the use of his work to any persons wishing to use a new result of intellectual activity created by the licensee on the basis of this work, within the limits and under the conditions provided by the open license. Acceptance of such an offer is also considered acceptance of the licensor’s offer to conclude a license agreement in relation to this work.

3. An open license is royalty-free unless otherwise provided.

If the validity period of an open license is not determined, in relation to computer programs and databases the contract is considered to be concluded for the entire period of validity of the exclusive right, and in relation to other types of works the contract is considered to be concluded for five years.

If the open license does not indicate the territory in which use of the corresponding work is permitted, such use is permitted throughout the world.

4. The licensor who has granted an open license has the right to unilaterally fully or partially withdraw from the agreement (clause 2 of Article 450.1), if the licensee grants third parties the rights to use a work owned by the licensor or to use a new result of intellectual activity created by the licensee on the basis of this works outside the scope of rights and (or) on terms other than those provided for in the open license.

OPEN LICENSE

license to use the object industrial property or selection achievement, provided to anyone interested person based on an application submitted by the copyright holder to the authorized government agency. The copyright holder provides the L.o. in the case where the previously concluded agreement did not burden him with the obligation not to provide a license. Possibility for the copyright holder to submit an application for the provision of L.o. provided for by the legislation of a number of states, including the Russian Federation. According to Patent law Russian Federation dated September 23, 1992 No. 3517-1, the patent holder may submit an application to the Patent Office to grant any person the right to use an object of industrial property. The fee for maintaining a patent in force is reduced in this case by 50% from the year following the year of publication of information about such an application Patent Office. A person who has expressed a desire to use the specified object of industrial property is obliged to conclude a payment agreement with the patent holder. Disputes under the terms of the agreement are considered by the Supreme patent chamber. Application for provision of L.o. is submitted and considered in the manner established by the Rules for filing and considering a patent holder's application for granting the right to an open license and publishing information about such an application, approved by Rospatent on November 30, 1994, and is not subject to withdrawal. Providing L.o. is also provided for by the Law of the Russian Federation of August 6, 1993, No. 5605-1 “On selection achievements”. In accordance with this Law, the patent holder may publish a statement in the official bulletin of the State Commission that any person, subject to payment of the payments specified in the application, has the right to use his selection achievement from the date of notification of this to the patent holder. The State Commission contributes to State Register protected breeding achievements record of provision of L.o. indicating the amount of payments.

Sesekin V.B.

Encyclopedia of Lawyer. 2005 .

See what "OPEN LICENSE" is in other dictionaries:

Open license- The rules for filing and considering the patent holder’s application for granting the right to an open license and publishing information about such an application were approved by Rospatent on November 30, 1999... Legal dictionary on patent and licensing operations

- (see OPEN GENERAL LICENSE) ...

BSD License, Software license Berkeley University (BSD license) is a license agreement first used for distribution operating systems free software and are used for many programs (besides ... ... Wikipedia

- (open general license) A license to import goods that does not provide for any import restrictions. Business. Dictionary. M.: INFRA M, Ves Mir Publishing House. Graham Betts, Barry Brindley, S. Williams and others. General edition: Doctor of Economics Osadchaya I.M... Dictionary of business terms

OPEN GENERAL LICENSE Legal encyclopedia

Free Software Foundation open license- One of the forms license agreement regulating the distribution of free software. Topics information Technology in general EN General Public LicenseGPL...

Technical Translator's Guide A license that gives the licensee the exclusive right to use it for the entire duration of the license agreement... encyclopedic Dictionary

economics and law LICENSE - (from Latin licentia right, permission, authority) permission of a person (licensor) to use his industrial property rights (invention,, industrial model trademark Russian encyclopedia of labor protection

Current version of Art. 1286.1 of the Civil Code of the Russian Federation with comments and additions for 2018

1. A license agreement, under which the author or other right holder (licensor) grants the licensee a simple (non-exclusive) license to use a work of science, literature or art, can be concluded in a simplified manner (open license). An open license is an agreement of adhesion. All its terms and conditions must be accessible to an indefinite number of persons and placed in such a way that the licensee becomes familiar with them before using the relevant work. An open license may contain an indication of actions, the commission of which will be considered acceptance of its terms (Article 438). In this case, the written form of the agreement is considered to be complied with.

2. The subject of an open license is the right to use a work of science, literature or art within the limits provided for by the contract. The licensor may grant the licensee the right to use the work owned by him to create a new result of intellectual activity. In this case, unless otherwise provided by an open license, it is considered that the licensor has made an offer to conclude an agreement (clause 2 of Article 437) on the use of his work to any persons wishing to use a new result of intellectual activity created by the licensee on the basis of this work, within the limits and under the conditions provided by the open license. Acceptance of such an offer is also considered acceptance of the licensor’s offer to conclude a license agreement in relation to this work.

3. An open license is free of charge unless otherwise provided. If the validity period of an open license is not determined, in relation to computer programs and databases the agreement is considered concluded for the entire period of validity of the exclusive right, and in relation to other types of works the agreement is considered concluded for five years. If the open license does not indicate the territory in which use of the corresponding work is permitted, such use is permitted throughout the world.

4. The licensor who has granted an open license has the right to unilaterally withdraw fully or partially from the agreement (clause 3 of Article 450) if the licensee grants third parties the rights to use a work owned by the licensor or to use a new result of intellectual activity created by the licensee on the basis of this works outside the scope of rights and (or) on terms other than those provided for in the open license.

5. An author or other right holder, if the exclusive right to a work is violated by unlawful actions to grant or use an open license, has the right to demand that measures to protect the exclusive right be applied to the violator in accordance with Article 1252 of this Code. (Article additionally included as of October 1, 2014 Federal law dated March 12, 2014 N 35-FZ)

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