LAW OF UKRAINE

of September 14, 2006 No. 143-V

About state regulation of activities in the sphere of transfer of technologies

This Law determines the legal, economic, organizational and financial principles of state regulation of activities in the sphere of transfer of technologies and is aimed at providing effective use of scientific and technical and intellectual potential of Ukraine, technological effectiveness of production, protection of property rights on domestic technologies and/or their components in the territory of the states where their use, expansion of the international sci-tech cooperation in this sphere is planned or performed.

Section I General provisions

Article 1. Determination of terms

1. In this Law terms are used in such value:

1) high technologies - the technologies developed on the basis of the latest scientific knowledge which on the technological level exceeds the best domestic and foreign analogs and competitive in the world market of the knowledge-intensive products;

2) the agreement on technology transfer - the agreement signed in writing between persons to whom belong and/or which fully or partially transfers property rights on technology or its components;

3) documentation - information on technology and its components (regulating, scientific and technical, project, design, technological documentation, reports on results of accomplishment of patent and tactical, scientific, research, design and project works, the state testing of components of technology) fixed on the material carrier which availability provides their use;

4) intangible asset - object (objects) of intellectual property right, and also other similar rights recognized according to the procedure, established by the legislation, property right object;

5) know-how - the technical, organizational or commercial information which is obtained thanks to experience and testing of technology and its components, which: is not well-known or readily available on the date of the conclusion of the agreement on transfer of technologies; is essential, that is important and useful to production, engineering procedure and/or provision of services; is certain, that is described rather more exhaustively that it was possible to check its compliance to criteria of not common knowledge and materiality;

6) technology object - scientific and scientific and applied results, objects of intellectual property right (in particular, inventions, useful models, works of scientific, technical nature, computer programs, trade secrets), know-how in which the list, terms, procedure and the sequence of accomplishment of transactions, production process and/or realization and storage of products, provision of services is displayed;

7) patent purity - property of technologies and/or their components to be freely used in certain state without threat of violation of the intellectual property rights operating in its territory on technologies and/or components of technologies which make sure the security documents of this state (patents) and certificates belonging to the third parties, determined according to security documents (patents) and certificates on these objects and to regulatory legal acts of the state (states) where use of the specified technologies and their components, and also according to the specific period of time stipulated by effective period of security documents (patents) and certificates for technologies and/or their components in the territory of such state (states) is planned;

8) patent and tactical researches - the systems scientific analysis of properties of technologies and their components which come up from their legal protection, condition of the markets of technologies, them components and products, patent and licensed situation which developed concerning them, nature of production;

9) the market of technologies - system of relations of consumers of technologies and their suppliers of these technologies and their components directed to satisfaction of public and state needs for appropriate technologies, them components and products made with their application constituting and/or competing among themselves;

10) constituting technologies - part of technology where separate elements of technology in the form of scientific and scientific and applied results, objects of intellectual property right, know-how are displayed;

11) technology - result of scientific and technical activities, set of the systematized scientific knowledge, technical, organizational and other solutions of the list, term, procedure and the sequence of accomplishment of transactions, production process and/or realization and storage of products, provision of services;

12) dual-use technologies - technologies which, except civil appointment, can be used for development, production or use of arms, the military or special equipment;

13) technology transfer - technology transfer which is drawn up by the conclusion between physical persons and/or legal entities of the bilateral or multi-lateral agreement to which property rights and obligations concerning technology and/or its components are established, change or stop;

14) authorized body concerning forming and ensuring realization of state policy in the sphere of transfer of technologies - principal organ in system of the central executive bodies which creates and provides realization of state policy in the sphere of science and innovations;

15) authorized body concerning realization of state policy in the sphere of transfer of technologies - the central executive body which realizes state policy in the sphere of scientific, scientific and technical and innovative activities.

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