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Accepted at the twenty seventh plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of November 16, 2006 No. 27-16)

MODEL LAW

About innovative activities

This Model law (further - the Law) is intended for harmonization of the legislation of the State Parties of the Commonwealth of Independent States in the field of the innovative activities directed to increase in competitiveness of national economy of the Commonwealth countries due to application of scientific and technical achievements, new technologies and other results of scientific and technical activities.

Section I

Chapter 1. General provisions

Article 1. Subject of regulation and scope of the Law

1. The law determines legal, economic, organizational basis of regulation of innovative activities in the State Parties of the CIS.

2. The law establishes:

a) the basic principles of the state innovative policy, form of the state support and measure of stimulation of innovative activities, the legal status of subjects of innovative activities, and also power of public authorities and local government bodies connected with ensuring innovative activities;

b) main types of innovative activities, form of the organization and cooperation of innovative activities, including conditions of creation of the specialized innovative organizations, and also associations of the entrepreneurs in the field of innovative activities based on the principles of self-regulation;

c) the general principles of regulation of the civil relations in the field of innovative activities, procedure for the conclusion and accomplishment of conditions of agreements in the field of development and delivery of innovative products (goods, services), procedure of the property right to results of innovative activities;

d) the general principles of technical regulation, condition of development and use of system of the quality standards connected with acceptance, application and execution of mandatory requirements and voluntary rules, the general principles and characteristics in the field of certification of the innovative products performed according to requirements of the international system of the quality standards.

3. This Law forms basis for refining of concepts and provisions of the national legal system, codification and harmonization of normative legal support of the innovative activities necessary for development of the standards, the principles and rules which are the cornerstone of creation of general innovative space of the State Parties of the CIS.

4. Operation of the Law extends to the sphere of regulation of the relations connected with introduction in civil circulation of results of intellectual activities - innovations in science and technology, technologies, economic development and management of society, objects of exclusive rights of intellectual property, know-how (technological know-how) and other economically reasonable and socially useful information in which public authorities and local government bodies, citizens and legal entities, and also stateless persons, foreign citizens and legal entities participate.

Article 2. The basic concepts used in the Law

In the Law the following basic concepts are used:

innovative activities - the activities providing creation and realization (introduction in civil circulation) innovations (innovations) and obtaining on their basis of practical result (innovation) in the form of new products (goods, service), new method of production (technology), and also solutions (measures) of organizational, technological, social and economic and other nature exerting positive impact on the sphere of production, the public relations and the sphere of management of society realized in practice;

innovation (innovation) - the result of intellectual activities which is object of the civil relations, having signs:

a) novelty, i.e. new qualities, properties and other signs, distinctive from the existing analogs;

b) practical applicability from the point of view of consumer usefulness and safety;

c) cost efficiency (competitiveness);

innovative product - the result of innovative activities (innovation, innovation) which received practical realization in the form of new goods, service, method of production (technology) or other socially useful result;

innovative potential - set of the intellectual, material, financial, scientific and technical, personnel, organizational and other resources attracted to implementation of innovative activities;

innovative process - set of actions (works) connected with the organization and implementation of innovative activities, directed to development of innovations and implementation of innovations;

national innovative system - system of the organization-legal, social and economic and institutional relations establishing conditions of budget, fiscal, customs, anti-monopoly and technical regulation of innovative activities, and also self-regulation according to the constitution, the legislation and the developed business customs of the State Parties of the CIS on the basis of voluntary acceptance and execution of the quality standards and certification of products (services);

infrastructure of national innovative system (innovative infrastructure) - set of the bodies and organizations performing within the powers conferred to them management and realization of state policy in the field of innovative activities and also set of specialized innovative commercial, non-commercial enterprises and organizations, their associations, self-regulatory organizations and labor unions of the entrepreneurs providing innovative activities;

the innovative organization - the legal entity performing innovative activities;

the innovative company - the business entity performing the business activity connected with development, production and delivery of innovative products (goods, services) for which the specified products constitute the main part (at least 70 percent) of the total production of goods (services);

the state (national) innovative policy - one of the directions of the state social and economic policy consisting in development and realization of the purposes and tasks of sustainable development of economy, creation of necessary conditions for reducing technology gaps, providing competitiveness of national production and homeland security of the state;

the innovative program - the complex of the innovative and investment projects approved on terms of their implementation, resources, contractors, amounts and sources of financing, providing effective solution of tasks on development and distribution of innovations;

the innovative project - the document determining the complex of works, organizational conditions, requirements to financing sources, to methods of production organization, to the technical characteristics and consumer properties developed and delivered on internal and the foreign markets of competitive knowledge-intensive innovative products coordinated on terms and contractors;

the investment project - the document containing the procedure for financing of innovative activities established according to technical regulations and accounting standards and the financial reporting or according to other procedure accepted in the State Parties of the CIS;

the national innovative project - the complex of the program and organizational actions coordinated on terms, resources and contractors, innovative and investment projects directed to creation and development of objects of national innovative system, to carrying out technological upgrade of production and the structural transformations in the economic or social sphere performed with support and direct participation of the state according to the strategy of national innovative policy approved by authorized body of the government.

Chapter 2. Subjects, objects and types of innovative activities

Article 3. Subjects of innovative activities

1. Subjects of innovative activities are:

- the physical persons and legal entities creating and realizing innovations;

- public authorities and local self-government and the organizations authorized by them participating in forming and realization of the state innovative policy and in regulation of innovative activities;

- the specialized organizations of innovative infrastructure providing innovative activities;

- the public organizations, their associations, professional self-regulatory organizations protecting interests of producers and consumers of innovative products.

2. Subjects of innovative activities can perform functions of customers and (or) contractors of innovative programs and projects, and also the organizations servicing innovative process and promoting development, development of production and distribution of innovative products (goods, services).

3. Activities of subjects of innovative activities are regulated by the national legal system of the states in the territory of which the specified activities, by international treaties and agreements within cooperation in the field of innovative activities, the international, national technical regulations and standards, and also other rules accepted within contractual commitments, requirements and characteristics determining quality of innovative products (goods, works, services) are performed.

Article 4. Objects of innovative activities

1. Objects of innovative activities are:

- the results of intellectual activities containing practical information on properties, methods of production and scope of innovative products (innovation, innovation), know-how, scientific and technical and other useful information;

- the objects of exclusive rights connected with creation of innovative products;

- the innovative and investment projects, programs, works and services connected with creation, development and distribution of innovative products (goods, services);

- new technologies, and also immovable and movable things (property), the technical products, the equipment having new consumer properties or technical characteristics;

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