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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 6, 2014 No. 914

About approval of the Regulations on implementation by the state customer on behalf of the Russian Federation of powers of the licensee in case of use for the state needs of the results of intellectual activities created in case of accomplishment of the scientific, scientific and technical programs and projects financed by the Russian scientific fund

According to part 3 of article 9 of the Federal law "About the Russian Scientific Fund and Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decides:

Approve the enclosed Regulations on implementation by the state customer on behalf of the Russian Federation of powers of the licensee in case of use for the state needs of the results of intellectual activities created in case of accomplishment of the scientific, scientific and technical programs and projects financed by the Russian scientific fund.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of September 6, 2014 No. 914

Regulations on implementation by the state customer on behalf of the Russian Federation of powers of the licensee in case of use for the state needs of the results of intellectual activities created in case of accomplishment of the scientific, scientific and technical programs and projects financed by the Russian scientific fund

1. This Provision establishes procedure the state customer on behalf of the Russian Federation of powers of the licensee (further - the state customer) in case of use for the state needs of the results of intellectual activities created in case of accomplishment of the scientific, scientific and technical programs and projects financed by the Russian scientific fund (further - programs and projects).

2. The owner of the result of intellectual activities created in case of accomplishment of programs and projects, including who is the contractor of such programs and projects (further - the owner), upon the demand of the state customer grants it right to use of result of intellectual activities for the state needs on the terms of the royalty simple (non-exclusive) free license (further - the license).

3. The state customer for the purpose of the conclusion of the license agreement sends to the owner the signed draft of the license agreement in 3 copies.

In case of evasion of the owner from the conclusion of the license agreement and (or) in case of inclusion in the draft of the license agreement of the conditions violating the rights of the Russian Federation, the state customer has the right to take a legal action behind protection of interests of the Russian Federation, and also to notify the Russian scientific fund on actions (failure to act) of the owner.

4. The license agreement signed by the state customer and the owner joins the information about the author (authors) of result of intellectual activities for the purpose of payment of remuneration to it, stipulated in Item 8th this provision, and additional terms:

a) about the right of the state customer to provision under the agreement of right to use of result of intellectual activities to other person (sublicense agreement);

b) about obligation of the state customer within the I quarter of the year following reporting to submit to the owner the annual report on use by it and (or) the sublicensee (sublicensees) of result of intellectual activities, containing including data on the organizations which are turning out products with use of the specified result of intellectual activities, types and outputs, and also methods of use of result of intellectual activities as a part of such products, except for the data, components the state, commercial or protected by the law other secret in accordance with the legislation of the Russian Federation;

c) about payment by the state customer of duty on registration of the license agreement which is subject in accordance with the legislation of the Russian Federation to state registration.

5. The sublicense agreement signed by the state customer and the sublicensee joins additional terms:

a) about payment by the sublicensee of duty on registration of the sublicense agreement which is subject in accordance with the legislation of the Russian Federation to state registration;

b) about amount of remuneration of the state customer according to the sublicense agreement if the sublicense agreement does not include provisions, stipulated in Item the 6th this provision. At the same time amount of remuneration shall not exceed the size of the means necessary for payment to the author (authors) of remuneration, stipulated in Item 8th this provision.

6. The sublicense agreement signed by the state customer and the sublicensee can include regulations on payment by the sublicensee to the author (authors) of remuneration, stipulated in Item 8th this provision.

7. If upon termination of effective period of the license agreement the need for use of results of intellectual activities for the state needs remains, the state customer has the right to sign the new license agreement according to this Provision.

8. Payment by the state customer to the author (authors) of result of intellectual activities of remuneration for use of result of intellectual activities within licensed and (or) sublicensed agreements is performed annually, estimating from the date of the conclusion of the license agreement, within a month after the expiration every year.

Remuneration is paid to each author of result of intellectual activities and there shall be at least average salary across the Russian Federation for the calendar year preceding the payment of remuneration determined by data of Federal State Statistics Service. In case of use of result of intellectual activities for several sublicense agreements such remuneration is paid on each of sublicense agreements.

Payment of the specified remuneration is made for the income account, received by the state customer or the sublicensee from sales of goods (services) with use of result of intellectual activities, or the means received by the state customer from the conclusion of the sublicense agreement.

 

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