License

Certain types of activities are licensed, that is, they are allowed to engage only after prior permission from the authorities - a license .

In Russia, the list of licensed activities is established by federal law, namely, Federal Law of May 4, 2011 No. 99-ФЗ “On Licensing Certain Types of Activities” and the Law of the Russian Federation “On Communications”. As a rule, the law establishes general principles and appoints a state body authorized to issue licenses , and the procedure for issuing licenses is determined by subordinate legislation. Employment by a licensed activity without a license, if this act caused major damage to citizens, organizations or the state, or is associated with the extraction of income on a large scale, is punished under the criminal procedure (Art. 171, 180 of the Criminal Code of the Russian Federation ).

The license is valid indefinitely (clause 4 of article 9 of the Federal Law-99).

A patent license or license agreement is a contract that contains the permission of the patent owner to use his invention (utility model, industrial design) to another person. Under a licensing agreement, the patent owner ( licensor ) undertakes to grant the right to use the protected invention, utility model, industrial design in the amount provided for by the agreement to another person ( licensee ), and the latter assumes the obligation to make payments due to the agreement and (or) perform other actions stipulated by the contract.

Under an exclusive license, the licensee is transferred the right to use the invention, utility model, industrial design within the limits specified by the contract, with the licensor retaining the right to use it in the part not transferred to the licensee; under a non-exclusive license, the licensor, by granting the licensee the right to use the invention, utility model or industrial design, retains all rights confirmed by the patent , including the right to grant licenses to third parties.

To prevent abuse of patent rights, in particular, non-use or insufficient use of the invention by the patent owner, leading to insufficient supply of relevant goods in the market, or restriction of the use of a dependent patent, that is, in case the patent owner cannot use the invention for which he has the exclusive right without violating the rights of the holder of another patent, it is possible to issue a compulsory license transferring the right to use shaving to third parties or organizations without the consent of the copyright holder.

The procedures and conditions for issuing compulsory licenses are regulated by national laws, in particular, in the Russian Federation - art. 1362 of the Civil Code .

Forced licensing is also provided for in Art. 31 of the TRIPS Agreement , and, in particular, recommended for use by the World Health Organization , in the framework of the implementation of the Doha Declaration on the protection of public health (Doha declaration on the trips agreement and public health) ^{[3] , [4]} .

In this area, a license agreement is referred to as a license agreement (Art. 1235 of the Civil Code of the Russian Federation ), that is, an agreement whereby the holder of an exclusive right grants the licensee the right to use (that is, the right to copy, distribute copies, process, transfer by wire and other statutory exclusive copyrights a) works provided by the methods in the prescribed limits. At the same time, the exclusive rights to the work are not alienated, in contrast to the “agreement on the alienation of the exclusive right” (Article 1234 of the Civil Code of the Russian Federation).

When granting the right to use a computer program , a special procedure for concluding a license agreement is possible by performing conspicuous actions (for example, opening the package of a copy of a program's copy) that are unambiguously interpreted as acceptance of the terms and conditions of the wrapping license . Russian legislation refers such a license to the contract of accession ^[5] , described in article 428 of the Civil Code of the Russian Federation.

Licenses used in free software or open source software are a response from the developer community to establish a software copyright and donate certain rights to everyone who receives a copy.

Copies of works created lawfully - in accordance with the terms of the license agreement or the copyright holder themselves - are commonly called licensed . Copies, the creation of which resulted in infringement of exclusive copyrights, are called counterfeit or, in common parlance, pirated .

Licensing of an educational institution is a procedure that establishes the compliance of the conditions for the implementation of the educational process, proposed by the educational institution , with the conditions stipulated by the Regulations on licensing educational activities approved by the Government of the Russian Federation .

The licensing procedure is carried out by the Federal Service for Supervision in the Field of Education and Science and the executive authorities of the constituent entities of the Russian Federation .

For example, compliance with building codes and regulations, as well as sanitary and hygienic standards, the presence of the required equipped training rooms and territories, the fulfillment of the conditions for providing medical services to workers and students, the availability of curricula for the stated specialties, the determination of the volume of academic load, the equipment of the educational process, the staffing level - teaching staff.

A positive result of this procedure is the issuance of a state license for the right to conduct educational activities. Any educational institution receives the right to conduct educational activities only from the moment of its receipt.

It should be noted that the license has an application in which a list of all specialties in which the school has the right to conduct educational activities. Also in the annex to the license contains information about the existing branches of the head of the university and their specialties.

If in the annex to the license of the head university there is no information about any branch or, in particular, its separate specialty, the educational institution acts illegally. If such violations are detected, the license held by the educational institution may be revoked.

Also, "license" refers to official permits for other activities, for example:

• permission to hunt wild animals and birds;
• fishing permit;
• permission to drive a vehicle ("driver's license");
• building permit ^[6] ;
• permission to store or carry weapons;
• permission to create, process, protect state secrets;
• permission to work in a particular radio frequency band (see SCRF ).

• License agreement
• Licenzintorg
• Licentiate