ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 10, 2014 No. 429

About procedure the programs by Fund of perspective researches of the rights to results of intellectual activities created by request of Fund of perspective researches, and also acquired by Fund of perspective researches based on agreements for the purpose of their practical application (implementation)

According to article 9 of the Federal law "About Fund of Perspective Researches" Government of the Russian Federation decides:

Approve the enclosed Rules the programs by Fund of perspective researches of the rights to results of intellectual activities created by request of Fund of perspective researches, and also acquired by Fund of perspective researches based on agreements for the purpose of their practical application (implementation).

Approved by the Order of the Government of the Russian Federation of May 10, 2014 No. 429

Corrected the programs by Fund of perspective researches of the rights to results of intellectual activities created by request of Fund of perspective researches, and also acquired by Fund of perspective researches based on agreements for the purpose of their practical application (implementation)

1. These rules determine procedure for transfer by Fund of perspective researches (further - Fund) the rights to the results of intellectual activities created by request of Fund, and also acquired by Fund based on agreements (further - the rights to results of intellectual activities), for the purpose of their practical application (implementation).

2. The fund performs assignment of rights on results of intellectual activities:

a) to federal executive bodies, State Atomic Energy Corporation "Rosatom" and State corporation on space activities Roskosmos or to the legal entity specified by them (further - authorized organization) for use of result of intellectual activities in accordance with the established procedure in case of performance of works, rendering services or production for the state needs for the purpose of accomplishment of the state program of arms and other programs for the benefit of defense of the country and safety of the state - on a grant basis;

b) to the organizations irrespective of their form of business for performance of works, rendering services or production for the benefit of innovative development of industries of economy of the Russian Federation - on paid basis.

3. The fund provides informing on possibility of assignment of rights on results of intellectual activities for the benefit of defense of the country and safety of the state within 30 days from the date of origin at Fund of the rights to results of intellectual activities by means of the direction of notifications to federal executive bodies, State Atomic Energy Corporation "Rosatom" and the State corporation on space activities Roskosmos which contain information on the legal entity who created the transferred result of intellectual activities, and the offer of Fund for further participation of this legal entity in use of such result.

Federal executive bodies, to State Atomic Energy Corporation "Rosatom" and the State corporation on space activities Roskosmos within 60 days from the date of receipt of the specified notification send to the address of Fund the written answer containing consent to use of result of intellectual activities or refusal of use of result of intellectual activities for the benefit of defense of the country and safety of the state.

By results of consideration at meeting of the board of trustees of Fund received from federal executive bodies, the State Atomic Energy Corporation "Rosatom" and the State corporation on space activities Roskosmos of written answers Fund makes the decision on assignment of rights on result of intellectual activities:

a) in case of receipt of the written answer containing consent to use of result of intellectual activities - to federal executive body, State Atomic Energy Corporation "Rosatom", the State corporation on space activities Roskosmos or authorized organization for the benefit of defense of the country and safety of the state;

b) in case of receipt of the written answers containing refusal of use of result of intellectual activities for the benefit of defense of the country and safety of the state - to the organizations irrespective of their form of business for performance of works, rendering services or production for the benefit of innovative development of industries of economy of the Russian Federation.

The fund within 30 days from the date of adoption of the relevant decision by results of consideration at meeting of the board of trustees of Fund provides informing on assignment of rights on results of intellectual activities for the benefit of innovative development of industries of economy of the Russian Federation by means of placement on the official site on the Internet of information on results of intellectual activities taking into account restrictions, stipulated by the legislation to the Russian Federation.

4. The fund based on the decision made by it by results of consideration at meeting of the board of trustees of Fund signs for the benefit of defense of the country and safety of the state with person specified in the subitem "an" of Item 2 of these rules within 30 days from the date of adoption of such decision the contract on assignment of rights for result of intellectual activities according to which person performing on behalf of the Russian Federation accounting and the order the rights of the Russian Federation to result of intellectual activities in accordance with the established procedure is determined.

5. The fund based on the decision made by it by results of consideration at meeting of the board of trustees of Fund concludes for the benefit of innovative development of industries of economy of the Russian Federation license agreements about provision of the simple (non-exclusive) license (further - license agreements) with persons specified in the subitem "b" of Item 2 of these rules within 30 days from the date of receipt of their addresses by Fund.

The license agreement shall contain obligations of the licensee:

a) on practical application (implementation) of result of intellectual activities;

b) on achievement of the performance indicators of use of result of intellectual activities, including for creation of new workplaces provided by the license agreement, increase in amount of payments in budgets of the budget system of the Russian Federation, to creation new to both increase in competitiveness of products and improvement of ecological product characteristics;

c) on representation to Fund of reports on use of result of intellectual activities according to the procedure and terms which are specified in the license agreement;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info