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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 16, 2020 No. 1848

About approval of Rules of payment of remuneration for employee inventions, office useful models, office industrial designs

According to Item 5 of Article 1246 of the Civil code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Rules of payment of remuneration for employee inventions, office useful models, office industrial designs.

2. This resolution becomes effective since January 1, 2021 and is effective till January 1, 2027.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of November 16, 2020 No. 1848

Rules of payment of remuneration for employee inventions, office useful models, office industrial designs

1. These rules establish rates, procedure and payment due dates of remuneration for employee inventions, office useful models, office industrial designs (further - remuneration).

Action of these rules does not extend to conclusion cases the employer and the worker of the agreement establishing the size, conditions and payment procedure of remuneration.

2. For creation of the employee invention the employer pays to the worker who is the author of such invention, remuneration in the amount of 30 percent of its average salary, and for creation of office useful model, office industrial design the employer pays to the worker who is the author of such industrial design, useful model, remuneration in the amount of 20 percent of its average salary.

For calculation of remuneration the average salary of the worker who is the author of the employee invention, office useful model, office industrial design is accepted to the last 12 calendar months for date of submission by the employer of the request for receipt of the patent for such invention, useful model, industrial design, or on the date of adoption by the employer of the decision on preserving information on the created employee invention, office useful model, office industrial design in secret, or on the date of transfer of the right to the patent by the employer on them to other person.

Depending on the bases of emergence of the right of the worker to remuneration its payment to the worker is performed by the employer one-timely no later than 2 months from the date of receipt by the employer of the patent for the employee invention, office useful model, office industrial design, or from the date of adoption by the employer of the decision on preserving information on the created employee invention, office useful model, office industrial design in secret, or from the date of transfer of the right to the patent by the employer on them to other person, or no later than 18 months from the date of submission by the employer of the request for receipt of the patent for such invention, useful model, industrial design if the employer did not take out the patent for them according to the application submitted them for the reasons depending on it.

3. Remuneration in the amount of 3 average salaries of the worker for the last 12 calendar months in which such invention was worked is paid to the worker who is his author for use of the employee invention by the employer.

Remuneration in the amount of 2 average salaries of the worker for the last 12 calendar months in which such useful model, industrial design were used is paid to the worker who is the author of such useful model, industrial design for use by the employer of office useful model, office industrial design.

Remuneration is paid by the employer to the worker who is the author of the employee invention, office useful model, office industrial design, within a month after the expiration of each 12 calendar months in which such invention, useful model, industrial design were worked.

4. In case of provision by the employer to the worker who is the author such inventions, useful model, industrial design remuneration in the amount of 10 percent of the remuneration which is due to the employer caused by the corresponding license agreement is paid to the other person of right to use of the employee invention, office useful model, office industrial design according to the license agreement.

Remuneration payment to the worker who is the author of the employee invention, office useful model, office industrial design is performed by the employer within a month from the date of receipt of the remuneration caused by the corresponding license agreement by it. In case the license agreement provides payment of remuneration to the employer in the form of the fixed one-time or periodical payments or in other form, the employer pays remuneration to the worker within a month from the date of receipt of the corresponding part of remuneration in the amount of 10 percent of this part of remuneration.

5. In case of transfer by the employer to the other person of the right to the patent or exclusive right on the employee invention, office useful model, office industrial design under the agreement on transfer of the right to the patent or the agreement on alienation of exclusive right the employer pays to the worker who is the author such inventions, useful model, industrial design, remuneration in the amount of 15 amounts of commission of the employer provided by the relevant agreement. Such payment to the worker who is the author of the employee invention, office useful model, office industrial design is performed by the employer within a month from the date of receipt of the remuneration provided by the relevant agreement by it.

In case the agreement on transfer of the right to the patent or the agreement on alienation of exclusive right provide payment of remuneration to the employer in the form of the fixed one-time or periodical payments or in other form, the employer pays remuneration to the worker within a month from the date of receipt of the corresponding part of remuneration in the amount of 15 percent of this part of remuneration.

6. If the employee invention, office useful model, office industrial design are created by joint creative activity of several workers who are coauthors such inventions, useful model, industrial design, remuneration in the cases provided by items 4 and 5 these rules in case of its payment by the employer is distributed between such workers equally if the agreement between them does not provide other.

If workers by whose joint creative activity are created the employee invention office useful model, office industrial design, signed the agreement on distribution between them of remuneration, any of them notifies the employer on the remuneration distribution approved by workers in writing within 5 calendar days from the date of the conclusion of the specified agreement with representation of the copy of the relevant agreement to the employer.

7. In case of the termination of employment relationships between the employer and the worker who is the author of the employee invention, office useful model, office industrial design, the employer shall perform remuneration payment to the author such inventions, industrial design, useful model in the amount of, procedure and on the conditions established by these rules.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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