5 questions to the contract for 1.1 billion rubles: the acquisition of PAC for Rostelecom
Rostelecom placed a request for the purchase of a software-hardware complex on the procurement portal .
We looked at the Treaty and we had several puzzling questions.
1. The subject of the contract (clause 2.1) does not provide for the transfer of exclusive rights to the design results and the unique software written specifically for the execution of the contract. Whupss ...?
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2. And copies of the software are transferred to the Purchaser in the property (although only material carriers can be transferred to the property ...). And they have it on the invoice Torg-12 is transmitted (Section 4.6). Will the Buyer end up with the desired result and will he be able to enforce the Contract if there is a breach of the contract in court?
3. The cost of licenses and remuneration for the transfer of exclusive rights in the contract price (1.1 billion) is still not included ... and therefore can be any ... at the discretion of the copyright holder?
4. Section 5 does not provide guarantees for unique software (only software in the Equipment and a guarantee for the results of works and services ...). Maybe it would be worth to provide?
5. Section 7 - why should the Equipment and (now) the software be transferred to the Buyer in a package, if you need to install it later?
Thus, the contract does not provide for basic things from the point of view of intellectual assets, but there are “chips” of the type “.
We believe that such agreements should be worked out more carefully. And what do you think?
We looked at the Treaty and we had several puzzling questions.
1. The subject of the contract (clause 2.1) does not provide for the transfer of exclusive rights to the design results and the unique software written specifically for the execution of the contract. Whupss ...?
')
2. And copies of the software are transferred to the Purchaser in the property (although only material carriers can be transferred to the property ...). And they have it on the invoice Torg-12 is transmitted (Section 4.6). Will the Buyer end up with the desired result and will he be able to enforce the Contract if there is a breach of the contract in court?
3. The cost of licenses and remuneration for the transfer of exclusive rights in the contract price (1.1 billion) is still not included ... and therefore can be any ... at the discretion of the copyright holder?
4. Section 5 does not provide guarantees for unique software (only software in the Equipment and a guarantee for the results of works and services ...). Maybe it would be worth to provide?
5. Section 7 - why should the Equipment and (now) the software be transferred to the Buyer in a package, if you need to install it later?
Thus, the contract does not provide for basic things from the point of view of intellectual assets, but there are “chips” of the type “.
We believe that such agreements should be worked out more carefully. And what do you think?
Source: https://habr.com/ru/post/189958/
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