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LAW OF THE REPUBLIC OF KAZAKHSTAN

of October 31, 2015 No. 381-V ZRK

About commercialization of results of scientific and (or) scientific and technical activities

(as amended on 31-03-2021)

This Law governs the public relations in the field of commercialization of results of scientific and (or) scientific and technical activities as component of the scientific sphere aimed at the development of economy of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) result of scientific and (or) scientific and technical activities - the new knowledge or decisions received by proper scientific methods and means during the course of performance of scientific and (or) scientific and technical activities and fixed on any information carrier implementation of scientific developments and technologies in production, and also models, prototypes, samples of new products, materials and substances;

2) implementation (use) of results of scientific and (or) scientific and technical activities - the activities directed to realization of final stage of research and production cycle of development of new products or implementation of new technology;

3) commercialization of results of scientific and (or) scientific and technical activities - the activities connected with practical application of results of scientific and (or) scientific and technical activities, including results of intellectual activities, for the purpose of conclusion to the market of new or advanced goods, processes and services, directed to commercialization;

4) the center (office) of commercialization of results of scientific and (or) scientific and technical activities - the legal entity, structural or separate division of the scientific organization, higher educational institution, autonomous or other organization of education performing commercialization of results of scientific and (or) scientific and technical activities;

5) result of intellectual activities in the field of commercialization of results of scientific and (or) scientific and technical activities (further - result of intellectual activities) - inventions, useful models, industrial designs, selection achievements, topology of integral chips, programs for electronic computers and the database and other results of intellectual activities received as a result of scientific and (or) scientific and technical activities;

6) grant on commercialization of results of scientific and (or) scientific and technical activities - the budgetary and (or) extrabudgetary funds provided on non-paid and irretrievable basis for projects implementation of commercialization of results of scientific and (or) scientific and technical activities within priority sectors of economy;

7) service company - the legal entity providing the consulting, engineering, certified, patent and other services necessary for commercialization of results of scientific and (or) scientific and technical activities;

8) startup company - the individual entrepreneur or the legal entity registered in the territory of the Republic of Kazakhstan, belonging to subjects of small or medium business and corresponding to one of the provided requirements:

created with participation of the organizations of the higher and (or) postgraduate education, the scientific organizations which activities are directed to commercialization of results of scientific and (or) scientific and technical activities;

the developing innovations.

Article 2. The legislation of the Republic of Kazakhstan in the field of commercialization of results of scientific and (or) scientific and technical activities

1. The legislation of the Republic of Kazakhstan in the field of commercialization of results of scientific and (or) scientific and technical activities is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. The operation of the legislation of the Republic of Kazakhstan establishing requirements to procurement procedure, including state does not extend to the legal relationship settled by this Law regarding commercialization of the results of scientific and (or) scientific and technical activities received within the scientific research performed from means grant, program target financing.

3. Assistance to subjects of industrial and innovative activities in commercialization of technologies is performed according to the Entrepreneurial code of the Republic of Kazakhstan.

4. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. The principles of state policy in the field of commercialization of results of scientific and (or) scientific and technical activities

State policy in the field of commercialization of results of scientific and (or) scientific and technical activities is based on the principles:

1) transparencies in case of interaction of all participants of process;

2) guaranteeing the rights and interests of persons involved in receipt of results of scientific and (or) scientific and technical activities, commercialization;

3) economic incentives of commercialization of results of scientific and (or) scientific and technical activities in priority sectors of economy;

4) integration of education, science, production and institutes of innovative development.

Article 4. Competence of authorized body in science

(Further - authorized body) enter competence of authorized body in science:

1) realization of state policy in the field of commercialization of results of scientific and (or) scientific and technical activities;

2) implementation of cross-industry coordination in the field of commercialization of results of scientific and (or) scientific and technical activities;

3) planning, implementation of measures for stimulation of commercialization of results of scientific and (or) scientific and technical activities;

4) it is excluded;

5) entering into the Government of the Republic of Kazakhstan information on efficiency of measures for commercialization of results of scientific and (or) scientific and technical activities;

6) it is excluded;

7) development, approval and program implementation on preparation, retraining of personnel and advanced training in the field of commercialization of results of scientific and (or) scientific and technical activities;

8) implementation of monitoring of program implementation of assistance of commercialization of results of scientific and (or) scientific and technical activities;

9) placement of the consolidated analytical information on commercialization of results of scientific and (or) scientific and technical activities in open access on Internet resources of authorized body and in periodic printing editions;

10) methodological ensuring commercialization of results of scientific and (or) scientific and technical activities;

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