Article 1547. Alienating the Right to a Technology Owned by the Russian Federation or a Subject of the Russian Federation

1. In the cases envisaged by Subitems 2 and 3 of Item 1 and Item 2 of Article 1546 of the present Code within six months after the Russian Federation or a subject of the Russian Federation received the rights to the result of intellectual activity that are required for the practical use of the result within a unified technology the right to the technology shall be alienated to a person interested in implementing the technology and having a real capability for implementing it.
In the case envisaged by Subitem 1 of Item 1 of Article 1546 of the present Code the right to the technology shall be alienated to a person interested in implementing the technology and having a real capability for implementing it immediately after the Russian Federation's losing the need for retaining these rights.

2. The alienation by the Russian Federation or a subject of the Russian Federation of a right to a technology to third persons shall be carried out according to the general rule for a compensation according to the results of a tender.
If a right to a technology owned by the Russian Federation or a subject of the Russian Federation cannot be alienated by tender, such right shall be assigned according to the results of an auction.
The procedure for holding a tender or auction for the alienation by the Russian Federation or subjects of the Russian Federation of a right to a technology and also the possible cases and procedure for the Russian Federation or a subject of the Russian Federation to assign a right to a technology without holding a tender or auction shall be defined by a law on transfer of technologies.

3. Given the other equal conditions, the contractor that has organized the creation of the results of intellectual activity incorporated in a unified technology has a priority right to conclude a contract for acquisition of a right to the technology with the Russian Federation or with the subject of the Russian Federation.

Article 1548. Fee for the Right to a Technology

1. The right to a technology is granted free of charge in the cases envisaged by Article 1544 and Item 3 of Article 1546 of the present Code.

2. When the right to a technology is alienated under a contract, for instance according to the results of a tender or auction, the rate of, terms and procedure for paying out, a fee for that right shall be defined by agreement of the parties.

3. When the implementation of a technology is of important socioeconomic significance or of important significance for the defence or security of the Russian Federation, and the amount of costs of implementing it makes the acquisition for compensation of the right to the technology economically ineffective, the transfer of the right to such technology by the Russian Federation, the subject of the Russian Federation or the other right holder that has received the right free of charge may also take place on a free-of-charge basis. The cases in which a right to a technology may be transferred free of charge shall be defined by the Government of the Russian Federation.

 

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