Reference
The document has been drafted by the Ministry of Education and Science on the basis of a list of presidential instructions of November 12, 2012 and a Government instruction of 21 November 2012.
List of presidential instructions No Pr-3028 of November 12, 2012 specifies amending the legislation of the Russian Federation which sets out the terms and procedures for exercising the rights to intellectual products belonging to the Russian Federation.
The current Rules for Government clients to manage the rights of the Russian Federation to civil, military, special or dual-purpose intellectual products were approved by Government Resolution No 233 of March 22, 2012. In accordance with these Rules, Government clients exercise the rights of the Russian Federation to intellectual products, including the right to use them under contract.
The Resolution introduces amendments to the Rules, whereby Government clients are obliged to annually review the advisability of retaining the Russian Federation’s exclusive rights to intellectual products.
Upon such consideration a Government client may adopt a series of decisions, including one on the possibility of concluding a contract for granting a royalty-free, simple (non-exclusive) licence to third parties and/or a contract for the uncompensated assignment of the exclusive right to an intellectual product.
The Resolution specifies the procedure and terms of concluding such contracts.
The priority right to a contract for the uncompensated assignment of the exclusive right is granted to the holder of the Government contract which resulted in the intellectual product concerned.
Should the holder decline to conclude such a contract, the Government client is obliged to enter into a contract on granting a royalty-free, simple (non-exclusive) licence with any individual who is a citizen of the Russian Federation or legal entity registered in the Russian Federation.
The implementation of the resolution’s provisions will help to tap unused intellectual products created with federal budget funds with a view to using them in production in the Russian Federation.