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Right to remuneration for use of person’s name expires upon holder’s death

May, 2020

A rulling of the Intellectual Property Court was issued to establish an amicable agreement between the M.T. Kalashnikov Fund and the client of Patent & Law YUS OJSC Liqueur and Spirits Plant Glazovskiy in accordance with which the commercial enterprise, based on the principle of the freedom of contract, has acknowledged its significant payment obligation in favour of the Fund, making a separate reservation as to its rights to manufacture the Kalashnikov vodka on the basis of the trademark owned by the enterprise. The Court has noted that the right to remuneration for the use of a person’s name which arouse from the agreement, which had been entered with the Russia’s and the world’s reknown inventor, expires due to his death in virtue of Part 2 of Article 418, Article 1112 of the Civil Code of the Russian Federation, for this personal intangible right (the right to the name) is not part of an inheritance (Case No. А71-4896/2018).