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It is registered

Ministry of Justice

Russian Federation

On March 4, 2013 No. 27450

THE ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION AND FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON INTELLECTUAL PROPERTY

of December 10, 2012 No. 157

About approval of the Procedure for collection of royalties for provision of right to use of results of intellectual activities of military, special and dual purpose, the rights to which belong to the Russian Federation, their extreme amount, payment due dates, and also the bases for exemption of payments, reduction of their sizes or return,

(as amended on 09-03-2021)

In pursuance of Item 16 of the 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 approved by the order of the Government of the Russian Federation of March 22, 2012 No. 233 (The Russian Federation Code, 2012, to No. 14, of the Art. 1637), I order:

Approve the enclosed Procedure for collection of royalties for provision of right to use of results of intellectual activities of military, special and dual purpose, the rights to which belong to the Russian Federation, their extreme amount, payment due dates, and also the bases for exemption of payments, reduction of their sizes or return.

Head

B.P.Simonov

Approved by the Order of the Ministry of Economic Development of the Russian Federation, Federal Service for Intellectual Property of the Russian Federation of December 10, 2012, No. 157

Procedure for collection of royalties for provision of right to use of results of intellectual activities of military, special and dual purpose, the rights to which belong to the Russian Federation, their extreme amount, payment due dates, and also the bases for exemption of payments, reduction of their sizes or return,

1. This Procedure No. 233 (The Russian Federation Code, 2012, No. 14, the Art. 1637) and regulates questions of collection of license fees, their extreme sizes, payment due dates, and also the bases for exemption of license fees, reduction of their sizes or return in case of the conclusion by the state customers acting on behalf of the Russian Federation with the organizations - developers and producers of products of military, special and dual purpose of license agreements (agreements) on provision of right to use of results of intellectual activities by it (further - RID) is developed according to the order of the Government of the Russian Federation of March 22, 2012, the rights to which belong to the Russian Federation, in case of accomplishment of contract commitments.

2. Payment of license fees according to license agreements (agreements) signed with the purpose of provision of right to use of RID in case of accomplishment of contract commitments (further - payments), is performed by legal entities - the organizations - the developers and producers of products of military, special and dual purpose specified in the decision on its export (further - the organizations), when implementing of military and technical cooperation by them, and also foreign economic activity concerning controlled products in case of use in case of its production by RID, the rights to which belong to the Russian Federation.

3. Payments are listed by the organizations which signed license agreements (agreements) in currency of the Russian Federation in accordance with the established procedure into the accounts opened for the Federal Treasury for accounting of receipts and their distribution between budgets of the budget system of the Russian Federation for transfer in the income of the federal budget as the income from the order the rights to RID of military, special and dual purpose which are in property of the Russian Federation according to the Accounting treatment the Federal Treasury of receipts in the budget system of the Russian Federation and their distribution between budgets of the budget system of the Russian Federation approved by the order of the Ministry of Finance of the Russian Federation of December 18, 2013 No. 125n (it is registered in the Ministry of Justice of the Russian Federation 10.02. 2014, registration No. 31262 <*> (1) (further - the Order No. 125n).

--------------------------------

<*> (1) With the changes made by orders of the Ministry of Finance of the Russian Federation of 22.12.2014 No. 160n (28.01.2015, registration No. 35759) is registered in the Ministry of Justice of the Russian Federation, of 01.12.2015 No. 189n (26.01.2016, registration No. 40781) is registered in the Ministry of Justice of the Russian Federation, of 21.12.2016 No. 239n (it is registered in the Ministry of Justice of the Russian Federation 20.01. 2017, registration No. 45328), of 25.12.2017 No. 251n (it is registered in the Ministry of Justice of the Russian Federation 22.01. 2018, registration No. 49702), of 14.11.2018 No. 231n (it is registered in the Ministry of Justice of the Russian Federation 05.12. 2018, registration No. 52872).

4. Change the signed license agreements of the amount of payments established in is performed in case of change of conditions of contracts with foreign customers or the contracts between the organization and subject of military and technical cooperation (the participant of foreign economic activity) connected with change of their cost and (or) quantity of units of the delivered products types.

5. Made payments are subject to return completely - in case of their wrong payment, or partially - in case of their wrong payment in the amount of, exceeding the amount of the payment established by the license agreement (agreement).

The decision on return of payment or the decision on refusal in payment return (further - the Decision) is made by the state customer who signed the license agreement (contract) with the organization based on the application for return of made payment received from the organization, and documents attached to it. The state customer notifies the specified organization within 3 working days on the made decision from the moment of decision making.

Return of excessively paid payments is performed based on the requests for return which are drawn up and provided in the procedure established by the legislation of the Russian Federation in body of the Federal Treasury according to the Order No. 125n.

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