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IT IS REGISTERED

Ministry of Justice

Republic of Uzbekistan

On January 20, 1997 No. 301

Approved by the Order of GKNT RU of August 14, 1996 No. 194

Polozhenin about evaluation procedure of the intellectual property brought as share in authorized capital of the company with foreign investments

1. General provisions

This Provision is developed according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan "About investing program of the Republic of Uzbekistan for 1996" N123 of 27.03.1996 and regulates evaluation procedure of the intellectual property (IP) of the state, legal entities and physical persons of the Republic of Uzbekistan brought as share in authorized capital of the company with foreign investments.

The provision is intended for management and use by legal entities and physical persons, ownership, the order, use or alienation of the intellectual property items (IPI), and also performing the activities connected with assessment of market value of OIC.

This Provision is obligatory for application in all cases of evaluating the OIC which is in property of the state.

2. The used concepts

Intellectual property items

1) results of intellectual activities: works of science, literature and art; execution, soundtracks and transfers of the organizations of broadcasting; inventions, useful models and industrial designs; selection achievements; topology of integrated circuits; unsolved information, including know-how (know-how);

2) means of individualization of participants of civil circulation, goods, works and services: trade names; trademarks (service marks); names of places of origin (indication of origin) of goods;

3) other results of intellectual activities and means of individualization of participants of civil circulation, goods, works and services in the cases provided by the Civil code of the Republic of Uzbekistan or other laws.

Intellectual property as assessment object

exclusive right of the citizen or legal entity on results of intellectual activities and/or at the expense of individualization of participants of civil circulation, goods, works and services.

Assessment of intellectual property

process of determination of usefulness of results of intellectual activities and the means of individualization of the legal entity, individualization of products, the performed works or services (trade name, the trademark, service mark, etc.) equated to them in terms of money.

Intangible assets

property rights on the assets and certain income or other advantage providing to its owners which do not have material essence during the long period (over one year).

Cost of intangible assets

difference between the cost of operating plant and cost of tangible assets. The cost of intangible assets consists of two parts:

costs of property rights, including on intellectual property, drawn up (identified) in the form of specific objects of financial accounting;

other intangible assets - difference between market value of the company in general and the cost of the material and identified intangible assets.

Market value of intellectual property items

the settlement size equal to sum of money on which the seller having the complete information about property value and who is not obliged him to sell, he would agree to sell him, and the buyer having the complete information about property value and who is not obliged it to acquire, would agree to acquire.

The cost of intellectual property items within operating plant

the size reflecting cumulative usefulness of intellectual property items and representing contribution to results of functioning of the company as whole in case of production of goods and services.

Owner of results of intellectual activities

legal entity or physical person which on the basis of the law or the agreement possesses exclusive right or the rights on ownership, use and the order of OIC. Terms the right owner of result of intellectual activities and the owner of the right of OIC are equivalent; This right of the owner is supported by the state and is fixed legally.

3. Purpose of assessment of intellectual property items

Assessment of OIC is carried out for the purpose of determination of market value of the OIC included in authorized capital of the company with foreign investments.

4. The right of legal entities and physical persons to assessment of the object of IS belonging to them

Physical persons and legal entities of all patterns of ownership have the right to carrying out by professional experts-appraisers assessment belonging to them OIC, on the basis and conditions provided by this Provision.

The right to assessment is unconditional and does not depend on the procedure for the state statistical recording IS established by the current legislation in the form of intangible assets.

Availability of the established current legislation obligatory rules about assessment of IS, and also the certificates and the conclusions of assessment for application constituted according to these rules is not obstacle for implementation by physical persons and legal entities of the right to repeated assessment same OIC other professional experts-appraisers.

5. Subjects of estimative activities (experts are appraisers)

Subjects of estimative activities (experts-appraisers) legal entities (state governing bodies, economic societies and partnerships), and also individual entrepreneurs having rights of implementation of assessment of intellectual property items are recognized.

Concerning special objects rules of implementation of estimative activities by exclusively state professional appraisers can be established.

Subjects of estimative activities cannot be connected by administrative or other dependence with the owner or the owner of object of assessment.

6. Organization of estimative activities

The organization and coordination of estimative activities for assessment of OIC is performed in declarative procedure by the State committee of the Republic of Uzbekistan on science and technology.

Uniform conditions of implementation of estimative activities are:

a) availability at physical person of the qualification educational certificate, or other document certifying passing of rate of professional training by it as the expert-appraiser;

b) state registration of physical person as the business owner.

For the companies and the organizations of any pattern of ownership, the being legal entities, uniform conditions of implementation of estimative activities are:

a) state registration of the legal entity;

b) availability in the Charter of the legal entity of type of activity according to intellectual property;

c) availability in staff of the company or organization at least three workers having qualification educational certificates.

7. Objects of assessment of intellectual property

Owners of OIC have concerning these objects personal non-property and property rights.

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