Article 1549. The Right to a Technology Owned Jointly by Several Persons

1. A right to a technology created with the involvement of budget funds and other investors' funds may be owned simultaneously by the Russian Federation, a subject of the Russian Federation, other investors in the project that has resulted in the technology, the contractor and other right holders.

2. If a right to a technology is owned by several persons they shall exercise the right jointly.
The several persons jointly owning a right to a technology shall dispose of the right by common agreement.

3. A transaction of disposing of a right to a technology carried out by one of the persons that jointly owns the right to the technology may be deemed invalid on a claim of the rest of the right holders due to the fact that the person that has carried out the transaction lacks the necessary authority, if it is proven that the other party to the transaction knew or apparently was supposed to know of the lack of such authority.

4. Incomes from the use of a technology to which a right is owned jointly by several right holders, and also from the disposition of the right shall be distributed among the right holders by agreement between them.

5. If a part of a technology to which a right is owned by several persons can have an independent significance, the right holders may agree among themselves as to each right holder's right to a specific part of the technology. A part of a technology may be of independent significance if it can be used independently of the other parts of the technology.
Each of the right holders is entitled to use at his/its own discretion the relevant part of the technology having an independent significance, except as otherwise envisaged by agreement between them. In this case, the right to the technology as a whole and also the disposition of the right to it shall be exercised jointly by all the right holders.
Incomes from the use of a part of the technology shall come to the person owning the right to this part of the technology.

 

 

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