Functions of the institute a license agreement in e property relations according to the legislation of the Russian Federation

The author analyzes the norms of Russian legislation concerning the license agreement, and the practice of its application. It shows that, in addition to the main function - the grounds for the emergence of civil rights and obligations, such a contract in specific situations can perform certain functions to protect intellectual property rights and liability for their violation. Believes that a non-remunerated non-exclusive license agreement can perform the function of protecting the right in the event of a conflict between the patentee and prior user (after-user), provided that the proposed addition to article 1361 of the Civil Code of the Russian Federation is included.