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The document ceased to be valid since January 1, 2021 according to Item 1 of the Order of the Government of the Russian Federation of March 18, 2020 No. 296

ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 31, 2015 No. 1174

About approval of Rules of fixing to contractors and other persons of exclusive right on the result of intellectual activities created according to the public contract till January 1, 2008 and belonging to the Russian Federation or the subject of the Russian Federation if the state customer does not perform practical application (implementation) of this result till January 1, 2015.

According to article 11 of the Federal law "About Enforcement of Part Four of the Civil Code of the Russian Federation" Government of the Russian Federation decides:

Approve the enclosed Rules of fixing to contractors and other persons of exclusive right on the result of intellectual activities created according to the public contract till January 1, 2008 and belonging to the Russian Federation or the subject of the Russian Federation if the state customer does not perform practical application (implementation) of this result till January 1, 2015.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of October 31, 2015 No. 1174

Rules of fixing to contractors and other persons of exclusive right on the result of intellectual activities created according to the public contract till January 1, 2008 and belonging to the Russian Federation or the subject of the Russian Federation if the state customer does not perform practical application (implementation) of this result till January 1, 2015.

1. These rules determine procedure for fixing to contractors and other persons of exclusive right on the result of intellectual activities created according to the public contract till January 1, 2008 and belonging to the Russian Federation or the subject of the Russian Federation (further - result of intellectual activities) if the state customer does not perform practical application (implementation) of this result of intellectual activities till January 1, 2015.

2. Action of these rules extends to results of intellectual activities of civil appointment, data on which are not the state secret.

3. The contractor of the public contract during which implementation till January 1, 2008 the result of intellectual activities on the exclusive right in accordance with the terms of which public contract is subject to fixing to the Russian Federation or subject of the Russian Federation (further - the contractor) having the right to send to the state customer exercising control of the rights to result of intellectual activities (further - the state customer), the written address about fixing to itself or to other persons of exclusive right on this result of intellectual activities is created (further - the address), if the state customer does not perform practical application (implementation) of this result of intellectual activities till January 1, 2015.

4. The state customer within 15 working days from receipt date of the address considers it and if the result of intellectual activities requires state registration and such state registration is not performed, sends to the contractor in writing the notification on availability at the contractor of the right of acceptance of necessary measures for implementation of state registration and to receipt of the patent.

5. If there is state registration of result of intellectual activities or if the result of intellectual activities does not require state registration and at the same time practical application (implementation) of this result of intellectual activities is not performed till January 1, 2015, the state customer within 30 working days from receipt date of the address signs the contract on non-paid alienation of exclusive right for result of intellectual activities with the contractor or person specified to them.

6. The agreement, stipulated in Item 5 these rules, joins additional terms:

about implementation by the contractor or person of expenses specified to them on state registration of transition of exclusive right to result of intellectual activities if the corresponding registration is required in accordance with the legislation of the Russian Federation;

about obligation of the contractor or person specified to them and the subsequent owners to provide upon the demand of the state customer to person specified to them the royalty (simple) non-exclusive license on use of result of intellectual activities for the state needs.

 

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