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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 14, 2022 No. 1606

About approval of the Regulations on operations procedure of the state or municipal customer in case of registration of exclusive right on result of intellectual activities in the case established by the subitem 2 of item 4 of Article 1240.1 of the Civil code of the Russian Federation

According to the subitem 5 of Item 12 of Article 1240.1 of the Civil code of the Russian Federation the Government of the Russian Federation decides:

Approve the enclosed Regulations on operations procedure of the state or municipal customer in case of registration of exclusive right on result of intellectual activities in the case established by the subitem 2 of item 4 of Article 1240.1 of the Civil code of the Russian Federation.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of September 14, 2022 No. 1606

Regulations on operations procedure of the state or municipal customer in case of registration of exclusive right on result of intellectual activities in the case established by the subitem 2 of item 4 of Article 1240.1 of the Civil code of the Russian Federation

1. This Provision establishes operations procedure of the state or municipal customer (further - the customer) in case of registration of exclusive right on result of intellectual activities in the case established by the subitem 2 of item 4 of Article 1240.1 of the Civil code of the Russian Federation if the contractor of the public or municipal contract (further - the contractor) within 12 months from date of acceptance of works on the public or municipal contract did not provide making of all actions necessary for recognition depending on it behind it exclusive right on result of intellectual activities.

2. This Provision does not extend to the results of intellectual activities which are directly connected with ensuring defense and safety.

3. Actions of the customer in case of registration of exclusive right on result of intellectual activities in the case specified in Item of 1 this provision include:

a) the direction the customer in writing to the contractor who did not provide making of all actions necessary for recognition depending on the contractor for the contractor of exclusive right on result of intellectual activities, the notification that the right to the patent and exclusive right on the result of intellectual activities created in case of accomplishment of the public or municipal contract at the expense of means of the federal budget, budget of the subject of the Russian Federation or the local budget belong according to the Russian Federation, the subject of the Russian Federation and the municipality on behalf of which the customer acts;

b) implementation by the customer of legally significant actions for registration of the rights according to the Russian Federation, the subject of the Russian Federation and the municipality on result of intellectual activities, including depending on the decision on method of legal protection of result of intellectual activities made by the customer:

application for patent grant of the Russian Federation, the request for state registration of result of intellectual activities, and also in need of the international and (or) Eurasian request for registration of result of intellectual activities;

acceptance of stipulated by the legislation measures of the Russian Federation for maintaining confidentiality of data on result of intellectual activities, including by introduction of the mode of trade secret.

4. For the purpose of confirmation of providing with the contractor of making of all actions necessary for recognition depending on the contractor for the contractor of exclusive right on result of intellectual activities, the customer has the right to send to the contractor inquiry for submission of the following data:

a) about the application for patent grant of the Russian Federation submitted by the contractor in case of creation by the contractor in case of accomplishment of the public or municipal contract of the invention, useful model, industrial design or selection achievement;

b) about the program for electronic computers created by the contractor in case of accomplishment of the public or municipal contract, the database, topology of integrated chip or about the application for their state registration submitted by the contractor;

c) about the measures taken by the contractor for maintaining confidentiality of data on result of intellectual activities, including by introduction of the mode of trade secret in case of creation by the contractor in case of accomplishment of the public or municipal contract of know-how (know-how);

d) about the work of science, literature, art, other object of the copyright and related rights except for specified in the subitem "b" of this Item created by the contractor in case of accomplishment of the public or municipal contract.

5. In reply to the request, stipulated in Item 4 this provision, the contractor specifies the following data:

a) date and number of the public or municipal contract in case of which accomplishment the result of intellectual activities, date of acceptance of works on the relevant public or municipal contract is created;

b) date of giving and requisition number on patent grant of the Russian Federation, date of giving and requisition number on state registration of result of intellectual activities;

c) date of creation of result of intellectual activities, the name of result of intellectual activities, documents confirming acceptance by the contractor of measures for maintaining confidentiality of data, including by introduction of the mode of trade secret, and date of execution of the specified documents (with application of copies of such documents).

 

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