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Article 1234: Agreement on the exclusion of an exclusive right

📅 Updated: 30.09.2026

1. Under the exclusive right exclusion treaty, one party (the right holder) transfers or undertakes to transfer its exclusive right to the result of an intellectual activity or not 2. A contract on the exclusion of an exclusive right shall be concluded in writing. 3. The transfer of an exclusive right under a treaty shall be subject to State registration in the cases and in the manner provided for in articles 12 to 32 of the present Code. In the absence of a contract of compensation, the buyer shall pay the right holder the remuneration provided for in the contract, unless the contract otherwise provides. The exclusion of the exclusive right from the terms of remuneration or the manner in which it is determined is considered to be non-consensual, with the price rules provided for in article 424, paragraph 3, of the Convention. The payment of remuneration under an exclusive right exclusion contract may be in the form of fixed one-time or periodic payments, percentage of the amount of the amount claimed. 3.1 Free disposition of the exclusive right between commercial organizations shall not be permitted unless the present Code provides that: 4. The exclusive right to the result of an intellectual activity or to the means of individualization passes from the right holder to the buyer at the time of the conclusion of the exclusion contract Except as otherwise provided by the agreement of the parties, if the transfer of an exclusive right under a treaty on the exclusion of an exclusive right is subject to State registration (para. 5. In the event of a fundamental breach, the right to such a result or remedy shall be transferred from the right holder to the buyer at the time of State registration. the holder of the obligation to pay the right holder in the exclusive right contract for the period of remuneration for the acquisition of the exclusive right to the result of the intellectual person (art. 450, para. 2, para. 1) The former right holder is entitled to claim the transfer of the rights of the acquisitionor of the exclusive right and to be compensated If the exclusive right has not been transferred to the buyer, in the event of a fundamental breach of the obligation to pay in the contract established by the buyer, if the exclusive right has not been transferred to the buyer. The right holder may waive the contract unilaterally and claim compensation for damages caused by the avoidance of the contract. burglar terminates after 30 days from the buyer ' s receipt of notice of rejection of the contract if the buyer fails to pay the remuneration within that period Yes, sir.