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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 22, 2012 No. 233

About approval of Rules of implementation by the state customers of management of the rights of the Russian Federation to results of intellectual activities of civil, military, special and dual purpose

(as amended on 30-03-2019)

According to the Presidential decree of the Russian Federation of May 24, 2011 "About Federal Service for Intellectual Property" the Government of the Russian Federation decides No. 673:

Approve the enclosed Rules of implementation by the state customers of management of the rights of the Russian Federation to results of intellectual activities of civil, military, special and dual purpose.

Determine what according to the license agreements signed by federal state budgetary institution "Federal Agency on Legal Protection of Results of Intellectual Activities of Military, Special and Dual Purpose", obligation fulfillment, these agreements provided by conditions including by means of the conclusion of the supplementary agreements and acts changing or stopping obligations of the parties performs the specified organization in coordination with the state customer.

Russian Prime Minister

V. Putin

 

Approved by the Order of the Government of the Russian Federation of March 22, 2012 No. 233

Rules of implementation by the state customers of management of the rights of the Russian Federation to results of intellectual activities of civil, military, special and dual purpose

1. These rules determine procedure the state customers of management of the rights of the Russian Federation to results of intellectual activities of civil, military, special and dual purpose (further - results of intellectual activities).

2. Control of the rights of the Russian Federation to results of intellectual activities is exercised by the state customers by request of whom the specified results are created.

3. Management of the rights of the Russian Federation to results of intellectual activities includes:

a) implementation of actions for registration of the rights of the Russian Federation to the results of intellectual activities used and (or) created in case of accomplishment of public contracts;

b) state accounting of results of research, developmental and technological works of civil, military, special and dual purpose;

c) the organization of assessment works of cost and acceptance on financial accounting of the rights to results of intellectual activities;

d) order rights of the Russian Federation to results of intellectual activities;

e) organization of use of results of intellectual activities.

4. Actions for registration of the rights of the Russian Federation to the results of intellectual activities used and (or) created in case of accomplishment of public contracts include:

a) the direction in writing to the state customer the organization contractor:

notifications on the results of intellectual activities having legal protection, belonging to the contractor and created by it outside this public contract which are planned to be used in case of accomplishment of this public contract (goes to the conclusion of the public contract);

notifications on need of use of exclusive rights of the third parties on results of intellectual activities;

reports on patent researches according to GOST P 15.011-96 "System of development and statement of products on production. Patent researches. Content and procedure for carrying out";

notifications on receipt of the result of intellectual activities capable to legal protection, with reasons for the offered procedure for its use and the offer on its legal protection (goes to the time established by the public contract);

b) the direction the state customer to the organization contractor of the decision on legal protection of the received result of intellectual activities;

c) application for patent grant of the Russian Federation, patents of other countries, requests for state registration of results of intellectual activities;

d) in case of adoption by the state customer of the decision on preserving data on result of intellectual activities in the mode of trade secret the direction it to the organization contractor of the notification on registration of know-how (know-how) and transfer of this know-how to the state customer;

e) in case of adoption by the state customer of the decision on use of the results of intellectual activities belonging to the contractor in case of accomplishment of the public contract, the state customer provides inclusion in the public contract of the conditions providing their lawful use including by means of provision by the contractor to the state customer of the simple (non-exclusive) license with possibility of the conclusion of sublicense agreements for all effective period of exclusive right.

5. The state customers in case of determination of conditions of public contracts shall be guided by the requirements provided by the order of the Government of the Russian Federation of April 22, 2009 No. 342 "About some questions of regulation of fixing of the rights to results of scientific and technical activities".

6. The state customers shall keep the state account of results of research, developmental and technological works of civil, military, special and dual purpose, the rights to which belong to the Russian Federation, according to the procedure, established by the Government of the Russian Federation.

7. The state customers perform the order the rights of the Russian Federation to results of intellectual activities by making of one of the following actions:

a) alienation on behalf of the Russian Federation of exclusive right on result of intellectual activities;

b) provision of right to use of result of intellectual activities on the basis of the license agreement;

c) introduction of exclusive right on result of intellectual activities or right to use of result of intellectual activities in the authorized capital of the state corporation (transfer as property fee of the Russian Federation), authorized capital of the federal state unitary enterprise, and also in the authorized (share) capital of economic partnership or society or the share capital of economic partnership or transfer of the right to result of intellectual activities as a deposit in cases, stipulated by the legislation the Russian Federation;

d) acceptance on behalf of the Russian Federation decisions on early termination of action of the patent for result of intellectual activities.

7(1). Concerning those results of intellectual activities by which the state customers not it is made decisions on the order by the rights to results of intellectual activities by one of the methods specified in Item 7 of these rules the state customers shall at least once a year to perform consideration of question of feasibility of preserving exclusive rights of the Russian Federation on such results of intellectual activities. Following the results of the specified consideration one of the following decisions is accepted:

a) about loss of need of preserving the right of the Russian Federation to result of intellectual activities;

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