Adjusted the rules of customer management of the rights of the Russian Federation to the results of intellectual activity
On April 16, the amendments made by the Government of the Russian Federation to the Rules of the state customers of the management of the rights of the Russian Federation to the results of intellectual activity of civil, military, special and dual use (hereinafter – the Rules), approved by the resolution of March 22, 2012 № 233, came into force.
In particular, paragraph 4 of the Rules is supplemented by a new subparagraph "d", according to which in the case of the customer's decision to use the results of intellectual activity owned by the contractor in the performance of the state contract, the customer must include in the contract the conditions that ensure their use, including by providing the contractor to the customer a simple (non-exclusive) license with the possibility of concluding sublicense agreements for the entire duration of the exclusive right.
Also according to the new subp. "e", included in item 9 of Rules, the bases for decision-making on loss of need of preservation of the right of the Russian Federation to result of intellectual activity are, including, lack of requests from the persons interested in acquisition of exclusive rights to result of intellectual activity within 12 months provided obligatory performance of the procedures provided by Rules.
In addition, from 6 to 3 months reduced the period after which the customer is obliged to conclude a license agreement on the free alienation of the exclusive right to the result of intellectual activity with the interested person, if the contractor does not receive consent to the conclusion of the relevant agreement.
Document: RF Government Resolution No. 384 of 30 March 2019