PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 4, 2013 No. 59

About commercialization of the results of scientific and scientific and technical activities created at the expense of public funds

For the purpose of increase in competitiveness of domestic economy and efficiency of use of the results of scientific and scientific and technical activities created at the expense of means republican and (or) local budgets, including the state trust budget funds, and also state non-budgetary funds (further - public funds):

1. Determine that:

1.1. the results of scientific and scientific and technical activities created fully or partially at the expense of public funds (further - results of the specifications and technical documentation), are subject to obligatory commercialization according to the procedure and the terms provided by this Decree.

Are not subject to obligatory commercialization created fully or partially at the expense of public funds:

results of basic scientific research;

the results of applied scientific research having intermediate or collateral nature;

the results of applied scientific research which are copyright objects, directed to achievement only of social effect and (or) use for own needs;

the results of the specifications and technical documentation created within contracts for accomplishment of research, developmental and experienced and technological works, tasks for state-financed organizations, receivers of means of the innovative funds performed regarding creation of results of the specifications and technical documentation till August 7, 2013.

Commercialization of the results of the specifications and technical documentation created within scientific and technical programs and innovative projects is performed taking into account the features (terms, methods, responsibility) determined in the acts of the legislation establishing procedure for development and accomplishment of such programs and projects;

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* For the purposes of this Decree the terms determined in the Regulations on commercialization of the results of scientific and scientific and technical activities created at the expense of public funds, approved by this Decree are used.

1.2. in case of non-realization of obligatory commercialization of results of the specifications and technical documentation public funds are considered used with violation of the budget legislation, except as specified availability of the essential objective circumstances determined in part three of this subitem.

The specified public funds are subject to collection from legal entities (individual entrepreneurs) using these means and results of the specifications and technical documentation, responsible for implementation of commercialization, in indisputable procedure in the relevant budget with charge of percent in the amount of the refunding rate of National Bank established for date of collection.

Essential objective circumstances are:

force majeure circumstances (circumstance extraordinary and impreventable under existing conditions);

adoption of the acts of the legislation, decisions of the authorized international organizations prohibiting or limiting production and (or) sales of goods (works, services) created (which are carried out, rendered) using results of the specifications and technical documentation or their components;

the death of the physical person - the owner of property rights on results of the specifications and technical documentation, its recognition in accordance with the established procedure incapacitated or it is limited capable, the disabled person, interfering implementation of activities for commercialization of results of the specifications and technical documentation;

liquidation of the legal entity determined as the manufacturer of the goods (works, services) created (which are carried out, rendered) using results of the specifications and technical documentation or their components, at stage of commercialization of these results if the specified legal entity was the single manufacturer of these goods in the Republic of Belarus (works, services).

Circumstances are not essential objective and are not applied to results of the specifications and technical documentation which commercialization is not performed at the scheduled time owing to illegal action (failure to act) of legal entities (individual entrepreneurs), responsible for it.

The decision on cause and effect relationship availability between non-realization of obligatory commercialization of results the specifications and technical documentation and essential objective circumstances is accepted by the state customer (if necessary jointly) in coordination with the State committee on science and technologies (further - GKNT).

In case of matters of argument the decision on availability of the specified cause and effect relationship is made by the state customer taking into account their consideration by the Commission on questions of the state scientific and technical policy under Council of Ministers of the Republic of Belarus. The basis for this consideration are appeals of the controlling (supervising) bodies, the state customers and (or) GKNT.

2. Create the state register of the rights to results of scientific and scientific and technical activities (further - the state register) for the purpose of registration of the rights to the results of the specifications and technical documentation and accounting of results of commercialization which are subject to obligatory commercialization.

Maintaining the state register is performed GKNT according to the procedure determined by Council of Ministers of the Republic of Belarus.

Functioning of the state register is performed at the expense of the means of the republican budget provided on financing of scientific, scientific and technical and innovative activities.

3. The data containing in the state register of the rights to results of scientific and scientific and technical activities monthly no later than the 15th go to the Ministry of Taxes and Tax Collection in the form determined by GKNT in coordination with the specified Ministry.

4. Approve the enclosed Regulations on commercialization of the results of scientific and scientific and technical activities created at the expense of public funds.

5. Operation of this Decree does not extend to results of the specifications and technical documentation which are specific goods (works, services) or application of which is directed to creation (accomplishment, rendering) of specific goods (works, services), and also the results of the specifications and technical documentation containing the data carried to the state secrets.

6. The contracts signed before entry into force of this Decree are not subject to obligatory reduction in compliance with this Decree, are effective before the expiration of the term determined in them and are not subject to prolongation.

8. In six-months time to provide to Council of Ministers of the Republic of Belarus reduction of acts of the legislation in compliance with this Decree and to take other measures for its realization.

9. Grant the right to explain questions of application of this Decree to Council of Ministers of the Republic of Belarus.

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