ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 7, 2019 No. 240

About approval of Rules the programs by Fund of perspective researches of the rights to results of intellectual activities created by request of Fund of perspective researches, and also acquired by Fund of perspective researches based on agreements for the purpose of their practical application (implementation)

According to article 9 of the Federal law "About Fund of Perspective Researches" Government of the Russian Federation decides:

1. Approve the enclosed Rules the programs by Fund of perspective researches of the rights to results of intellectual activities created by request of Fund of perspective researches, and also acquired by Fund of perspective researches based on agreements for the purpose of their practical application (implementation).

2. Recognize invalid:

the order of the Government of the Russian Federation of May 10, 2014 No. 429 "About procedure for transfer by Fund of perspective researches of the rights to the results of intellectual activities created by request of Fund of perspective researches, and also acquired by Fund of perspective researches based on agreements for the purpose of their practical application (implementation)" (The Russian Federation Code, 2014, No. 20, the Art. 2538);

item 4 of changes which are made to acts of the Government of the Russian Federation concerning the management and the order of the State corporation on space activities Roskosmos the rights to results of intellectual activities belonging to the Russian Federation approved by the order of the Government of the Russian Federation of November 18, 2017 No. 1397 "About introduction of amendments to some acts of the Government of the Russian Federation concerning management and the order of the State corporation on space activities Roskosmos of the rights to results of intellectual activities belonging to the Russian Federation" (The Russian Federation Code, 2017, No. 48, the Art. 7223).

Approved by the Order of the Government of the Russian Federation of March 7, 2019 No. 240

Corrected the programs by Fund of perspective researches of the rights to results of intellectual activities created by request of Fund of perspective researches, and also acquired by Fund of perspective researches based on agreements for the purpose of their practical application (implementation)

1. These rules determine procedure and conditions of transfer by Fund of perspective researches (further - Fund) the rights of the Russian Federation to the results of intellectual activities created by request of Fund, and also acquired by Fund based on agreements (further respectively - results of intellectual activities, assignment of rights on results of intellectual activities), for the purpose of their practical application (implementation).

2. Assignment of rights on results of intellectual activities in these rules is understood as making by Fund of one of the following actions:

a) alienation of exclusive right on result of intellectual activities on the basis of the agreement on alienation of exclusive right;

b) provision of right to use of result of intellectual activities on the basis of the license agreement;

c) introduction of exclusive right on result of intellectual activities in the authorized capital of economic partnership or society, the share capital of economic partnership, in authorized capital of the unitary enterprise, transfer of the specified right to non-profit organizations as their founder or the participant, and also the state corporation as property fee, or its transfer to pledge in cases, stipulated by the legislation the Russian Federation;

d) delegation of power according to the order the rights of the Russian Federation to results of intellectual activities to federal executive bodies, State Atomic Energy Corporation "Rosatom", the State corporation on space activities Roskosmos in coordination with them.

3. The procedure and terms of adoption by Fund of decisions on determination of method of assignment of rights on results of intellectual activities from among stipulated in Item 2 these rules and informing potential receivers on the created results of intellectual activities, and also decisions on other questions connected with implementation of these rules are established by the board of trustees of Fund.

4. The fund performs assignment of rights on results of intellectual activities:

a) to the federal executive bodies, State Atomic Energy Corporation "Rosatom", State corporation on space activities Roskosmos specified by them to legal entities, and also the legal entities who created results of intellectual activities for the purpose of use of result of intellectual activities for the state needs and also in case of performance of works, rendering services or production for the benefit of defense of the country and safety of the state - on a grant basis;

b) to legal entities for the benefit of innovative development of industries of economy of the Russian Federation - on paid basis.

5. In case of receipt of the rights to results of intellectual activities and the subsequent order them federal executive bodies, State Atomic Energy Corporation "Rosatom", the State corporation on space activities Roskosmos and other legal entities to whom the Fund transfers the rights to results of intellectual activities are guided by these rules and conditions of the agreements signed in pursuance of these rules.

6. For the purpose of implementation of the subitem "an" of item 4 of these rules the Fund provides informing federal executive bodies, State Atomic Energy Corporation "Rosatom" and the State corporation on space activities Roskosmos about results of intellectual activities by the direction of the information messages containing the short description of results of intellectual activities.

7. For the purpose of implementation of the subitem "b" of item 4 of these rules the Fund after implementation of the actions specified in Item 6 of these rules posts information on results of intellectual activities on the official site on the Internet and other information resources taking into account restrictions, stipulated by the legislation the Russian Federation.

8. The persons specified in item 4 of these rules, interested in receipt of the rights to results of intellectual activities send to Fund the written appeals containing offers on transfer by Fund of the rights to the specified results, and also the following information:

a) the offered method of assignment of rights on results of intellectual activities from among stipulated in Item 2 these rules;

b) the sphere of practical application (implementation) of results of intellectual activities (for the benefit of defense of the country and safety of the state or for the benefit of innovative development of industries of economy of the Russian Federation);

c) the planned term and method of application (implementations) of results of intellectual activities.

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