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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 4, 2019 No. 1030

About approval of minimum rates of remuneration to the authors of technologies and persons performing their transfer

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 22.07.2020 No. 625)

According to part five of article 22 of the Law of Ukraine "About state regulation of activities in the sphere of transfer of technologies" the Cabinet of Ministers of Ukraine decides:

1. Approve minimum rates of remuneration to the authors of technologies and persons performing their transfer who are applied.

2. To the Ministry of Education and Science in three-months time to develop and approve procedure and forms of submission of reporting information on results of monitoring of influence of payment of minimum rates of remuneration to authors of technologies and to persons performing their transfer on financial condition of the companies, organizations and organizations.

3. To the ministries and other executive bodies, National academy of Sciences and national industry academies of Sciences which take part in creation, purchase, transfer and use of technologies to carry out annually during 2019-2024 monitoring of influence of payment of minimum rates of remuneration to authors of technologies and to persons performing their transfer on financial condition of the companies, organizations and organizations relating to the sphere of their management, being under their authority and representation to the Ministry of Education and Science till February 1 of the year following the accounting period, information on its results for its generalization and representation till March 15 to the Cabinet of Ministers of Ukraine.

4. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of June 4, 2008 No. 520 "About approval of minimum rates of remuneration to the authors of technologies and persons performing their transfer" (The Official Bulletin of Ukraine, 2008, No. 41, the Art. 1359);

the resolution of the Cabinet of Ministers of Ukraine of March 27, 2013 No. 205 "About modification of the resolution of the Cabinet of Ministers of Ukraine of June 4, 2008 No. 520 and recognition voided some acts of the Cabinet of Ministers of Ukraine" (The Official Bulletin of Ukraine, 2013, No. 26, the Art. 865).

Prime Minister of Ukraine

A. Goncharuk

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 4, 2019 No. 1030

Minimum rates of remuneration to the authors of technologies and persons performing their transfer

1. The company, scientific institution, the organization or institution of higher education which the author (authors) of technology and/or its components transferred property rights on technology and/or its components pay to such author (authors) remuneration in the amount of (minimum rate of remuneration to authors of technologies):

in case of the conclusion of the license agreement on use of technology, its components - at least 20 percent of lump-sum and periodical payments (royalty) received under the agreement;

in case of the conclusion of the contract on transfer of exclusive property rights of intellectual property for technology, its components - at least 20 percent from the gained income;

in case of the prison of the agreement on technology transfer which is elements of various agreements (the mixed agreement), - at least 20 percent from the royalties for use of technology provided in the agreement, its components.

2. The company, scientific institution, the organization or institution of higher education which authors of technology and/or its components transferred property rights on technology and/or its components pay remuneration to persons who perform transfer of technologies and/or their components, in the amount of at least 2 percent of income gained based on the agreement on transfer of technologies (minimum rate of remuneration to persons who perform transfer of technologies).

Persons who perform transfer of technologies and/or their components are:

employees of the companies, scientific institutions, organizations or institutions of higher education to whom functions on implementation of transfer of technologies and/or their components are assigned;

subjects of managing which signed the agreement on information and consulting maintenance of transfer of technologies and/or their components.

3. In case the technology contains several components, the procedure for distribution of remuneration is determined based on the agreement in proportion to contribution of each of authors to creation of separate components of technology, and in case of its absence - based on the collective agreement signed in the organizations which are developers of technologies and/or their components, taking into account creative contribution of authors to their creation. If in the collective agreement there are no regulations on distribution of remuneration between authors of components of technology, the earned reward is distributed between them equally.

 

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