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DOI 10.37749/2308-9636-2020-10(214)-4

Makhnovsky D. S. Directions of legislative regulation of the intellectual property rights distribution in R&D contracts, financed from the state budget, in the newly independent states (NIS).

The article analyzes the legislative regulation of the distribution of intellectual property rights in contracts for research and development, which are funded in whole or in part from the state budget, in the newly independent states: Ukraine, Belarus, Kazakhstan, Russia,Areas of legislative regulation in the newly independent states (Ukraine, Belarus, Kazakhstan, Russia) the distribution of intellectual property rights in R&D contracts, funded in whole or in part from the state budget.

Settlement of distribution of intellectual property rights in R&D contracts, financed from the state budget, in the NIS countries is carried out through general regulation, covering all subjects of legal relations, and the adoption of special acts — to finance R & D from the budget.

At the level of special legislation, there are differences between countries both in the system of legislation and in the presence of model agreements for the implementation of R & D. Also, principle of the Bai-Dole Act and EU regulations on the research Framework Programs, that ownership of IPR rights belongs to the contractor, is fully implemented only in Ukraine. It is important for the Ministry of Education and Science of Ukraine to develop a special model agreement for case, when research and development are being funded in whole or in part from the state budget. This Model agreement should contain options for the distribution of intellectual property rights and shall bring the provisions of model agreements on conducting research and development in accordance with the Art.11 of the Law of Ukraine «On state regulation of activities in the field of technology transfer» and Art. 64 of the Law of Ukraine «On scientific and scientific-technical activities».

Key words: contracts for research and developments, intellectual property, rights to results of research developments.

 

References

  1. The WIPO Model Regulations, adapted for the Russian Federation, «Intellectual Property Policy for Universities and Research Organizations», were approved on July 31, 2018 by the Ministry of Education and Science of the Russian Federation.
  2. National standard of the Russian Federation GOST R 58086 — 2018 «Intellectual property. Distribution of intellectual rights between the customer, the executor and the author on the protected results of intellectual activity created and / or used at performance of research, experimental design, technological and production works».
  3. Regulations on the use of intellectual property rights in the NAS of Ukraine, approved by the order of the Presidium of the NAS of Ukraine from 16.01.08 № 15 «On units for technology transfer, innovation and intellectual property» (as amended).
  4. Regulation «On commercialization of the results of scientific and scientific-technical activities created at the expense of state funds», approved by the Decree of the President of the Republic of Belarus № 59 of 04.02.2013.
  5. Resolution of the SCST of the Republic of Belarus of September 3, 2018 № 26 «On approval of the approximate form of the contract for research, development and development work, financed in whole or in part by public funds».
  6. Law of the Republic of Kazakhstan October 31, 2015 № 381-V SAM «On commercialization of results of scientific and (or) scientific and technical activities».
  7. Order of the Ministry of Education and Science of the Russian Federation № 1180 of 21.10.2015 «On approval of a standard contract for research, development and technological work, standard contract conditions when using the results of intellectual activity included in contracts for work , rendering of services and the information card of the standard contract, standard conditions of the contract».
  8. The decision of the Government of the Russian Federation from 22.04.2009 № 342 (ed. From 08.12.2011) «About some questions of regulation of fixing of the rights to results of scientific and technical activity».