of August 31, 2006 No. 1103
About use of results of research, developmental and experienced and technological works and recognition as No. 700 which voided resolutions of Council of Ministers of the Republic of Belarus of May 28, 2003
(as of November 4, 2009)
Council of Ministers of the Republic of Belarus DECIDES:
1. Approve the enclosed Regulations on procedure and conditions of stimulation of use of results of research, developmental and experienced and technological works.
2. To republican state bodies to bring the regulatory legal acts into accord with this resolution and to take other measures for its realization.
3. Declare invalid the resolution of Council of Ministers of the Republic of Belarus of May 28, 2003 No. 700 "About the rights to results of scientific, scientific and technical and innovative activities" (The national register of legal acts of the Republic of Belarus, 2003, No. 61, 5/12523).
Prime Minister of the Republic of Belarus S. Sidorsky
Approved by the Resolution of Council of Ministers of the Republic of Belarus of August 31, 2006 No. 1103
1. This Provision installs system of incentive measures of persons who are engaged in accomplishment of research, developmental and experienced and technological works (further NIOK(T)R), use of results of these works in production and their transfer under agreements, in the organizations of science and education, their separate divisions and the affiliated organizations.
Action of this Provision does not extend to the relations connected with payment of remunerations for creation and use of objects of copyright and objects of the right of industrial property and also use of results of NIOK(T)R *, the organizations which are carried out at the expense of own means for own needs.
* As use of results of NIOK(T)R it is understood:
use of the specified results in production process, its servicing and management;
transfer of right to use of results of NIOK(T)R on the agreement.
2. The system of incentive measures of use of results of NIOK(T)R provides remuneration payment:
to NIOK(T)R developers for use of results in production;
to persons assisting use of results of NIOK(T)R in production.
3. The documents confirming the fact of use of results of NIOK(T)R are:
the statement of use of results of NIOK(T)R in production, performance of works, rendering services (further - the act) which is drawn up based on the technical documentation containing information on results of NIOK(T)R;
contract for transfer of right to use of unprotected results of NIOK(T)R.
4. Results of NIOK(T)R are considered used from the date specified in the act or date of the conclusion of the contract for transfer of the right of their use.
5. Remuneration is paid to their developers for use of results of NIOK(T)R by the organization which possesses the rights to them (further - the organization owner) once within 3 months:
or from start date of use of the specified results in own production of the owner established by the act;
or from end date of accounting year during which use of results of NIOK(T)R was performed.
The basis for payment of remuneration in each case is the act.
6. Amount of remuneration to NIOK(T)R developers for use of the results received within one contract for accomplishment of these works makes no more than 50 basic sizes, does not depend on number of developers and is determined by the decision of specially created commission of the organization owner.
Remuneration for use of results of NIOK(T)R is paid to persons, the employees of the NIOK(T)R organization contractor who are both and performing works on civil agreements.
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