Chapter 77. The Right of Using the Results of Intellectual
Activity within a Unified Technology

 

 

 

Article 1542. The Right to a Technology

1. For the sense of the present chapter, "unified technology" means the result of a scientific and technological activity expressed in an objective form that includes in a certain combination inventions, utility models, industrial designs, computer programs or other results of intellectual activities subject to legal protection in accordance with the rules of the present section, and can serve as a technological foundation for a certain practical activity in the civilian or military field (unified technology).
A unified technology may also include the results of intellectual activities subject to legal protection on the basis of the rules of the present section, for instance, technical data and other information.

2. Exclusive right to the results of an intellectual activity which are incorporated in a unified technology are recognized and subject to protection in accordance with the rules set out in the present Code.

3. The right of using the results of intellectual activities within a unified technology as a complex object (Article 1240) is owned by the person that has organized the creation of the unified technology (right to a technology) under contracts with the owners of exclusive rights to the results of intellectual activities incorporated in the unified technology. Also the unified technology may incorporate protected results of intellectual activities created by the person that has organized the creation thereof.

Article 1543. The Applicability of the Rules Concerning the Right to a Technology
The rules of the present chapter are applicable to relationships relating to the right to a civilian, military, special or dual-purpose technology created on the account of or with the involvement of the funds of the federal budget or of the budgets of subjects of the Russian Federation allocated for paying for works under state contracts, other contracts, and for financing under revenue/expenditure estimates and also subsidies as well.
The said rules are not applicable to relationships that come into being when a unified technology is created on the account of or with the involvement of funds of the federal budget or of the budgets of subjects of the Russian Federation on a non-compensatory basis in the form of a budget credit.

Article 1544. The Right of the Person That Has Organized the Creation of Unified Technology to Use the Results of Intellectual Activities Incorporated Therein

1. The person that has organized the creation of a unified technology on the account of or with the involvement of funds of the federal budget or of the budget of a subject of the Russian Federation (contractor) owns a right to the technology created, except for cases when this right in accordance with Item 1 of Article 1546 of the present Code is owned by the Russian Federation or a subject of the Russian Federation.

2. A person owning in accordance with Item 1 of the present article a right to a technology shall immediately take the measures set out in the legislation of the Russian Federation for being recognized as owning and for obtaining rights to the results of intellectual activity incorporated in the unified technology (file patent applications, applications for state registration of the results of intellectual activities, introduce non-disclosure regime for relevant information, conclude contracts of alienation of exclusive rights and licence contracts with the owners of exclusive rights to the relevant results of intellectual activities incorporated in the unified technology and take other measures), unless such measures have been taken before or during the process of creation of the technology.

3. In cases when the present Code allows different methods of legal protection for the results of intellectual activities incorporated in a unified technology the person owning a right to the technology shall choose the most suitable legal protection method corresponding for his/its interests and for the practical application of the unified technology.

 

 

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