Article 1240.1. Intellectual activity created in the execution of a public or municipal contract

1. The right to a patent and the exclusive right to the result of intellectual activity created in the performance of a public or municipal contract for the public or municipal A person who performs a public or municipal contract (executor), except in the cases specified in paragraphs 3 and 4 of this article, shall be the person who performs the public or municipal contract (executor). The contract may provide that the right to obtain a patent and the exclusive right to the result of intellectual activity belong jointly to the perpetrator and to the Russian Federation. 2. to the protected results For the purposes of this article, intellectual activities directly related to defence and security include computer programmes, databases, inventions, useful models, pros and cons secluded samples, selection achievements, integrated circuit topology, production secrets (know-how) obtained through State programmes or State defence Orders carried out by the federal executive bodies responsible for defence, security, external intelligence and State security, internal In addition, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs and the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs and the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs and the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Foreign Affairs and the Ministry of Foreign Affairs of Foreign Affairs of the Russian Federation and the Ministry of Foreign Affairs of Foreign Affairs of the Russian Federation. 3. The right to equal treatment in the public administration or public institutions under the authority of the executive branch, established by means of subsidies or budgetary resources, on the basis of budgetary estimates. The acquisition of a patent and the exclusive right to the result of intellectual activity directly related to defence and security is the responsibility of the Russian Federation, unless otherwise provided. Updated by this Code, in cases and in accordance with the procedure established by the President of the Russian Federation, the right to a patent and the exclusive right to the result of intellectual activity, Directly related to defence and security, the person performing the State contract (executor) belongs to the Russian Federation ' s exclusive right to resuscitate. The intellectual activity directly related to defence and security may be transferred to the perpetrator or other Russian legal entity interested in the crown the result of intellectual activity and having the capacity to implement it, by decision of the President of the Russian Federation, on the basis of the submission of the relevant commissioner, The content of the submission and the procedure for its preparation shall be determined by the Government of the Russian Federation. 4. The right to a patent and the exclusive right to the result of intellectual activity created in the performance of public or municipal activities A contract with the federal budget, the budget of the entity of the Russian Federation or the local budget (except in the cases provided for in paragraph 3, paragraph 1, of this article); belong respectively to the Russian Federation, the entity of the Russian Federation and the municipal entity on whose behalf the State or municipal employer acts: (1) if the result and Intellectual activity is necessary for the provision of public (municipal) services or for the performance of public (municipal) functions; (2) if the perpetrator is in the course of 12 years and months from the date of acceptance of the work under the State or municipal contract did not ensure that all the acts dependent on it were carried out in order to give him the exclusive right to refill. (3) if the result of intellectual activity is created in the performance of work under a State contract which is concluded for the purpose of fulfilling an international obligation 5. If the exclusive right to the result of intellectual activity on the basis of state or municipal constats It is the responsibility of the Russian Federation, the entity of the Russian Federation or the municipal entity, to conclude appropriate agreements with its employees and with third parties. to acquire rights (the exclusive right or the right to use) or to secure their acquisition for transfer to the Russian Federation, the entity of the Russian Federation and the municipality, respectively. However, the perpetrator is entitled to be reimbursed for the costs incurred by him in obtaining the relevant rights from third parties within the price of the State or municipal counterparty. 6. If, in order to perform work under a public or municipal contract for public or municipal purposes, the perpetrator involves third parties, the right to the result of an intellectual act the activities created in the performance of work under a State or municipal contract may be owned by such third parties in accordance with the terms of the contracts concluded between the parties. the grounds on which the right to a patent and the exclusive right to an appropriate patent are not listed in paragraph 3 (i) of paragraph 4 of this article. 7. If the exclusive right to the result of intellectual activity created on the basis of sex No work under a State or municipal contract for State or municipal purposes is not owned by the Russian Federation, an entity of the Russian Federation or a municipality. The right holder, at the request of the public or municipal employer, is obliged to grant a free (non-exclusive) licence to the person named by him/her to use such p This obligation applies to a person to whom the right holder has transferred by contract or other means. Acquired by law, the right to a patent or the exclusive right to the result of intellectual activity created in the performance of work on the State or municipal countermeasure 8. If the exclusive right to the result of intellectual activity created in the performance of work on the State or municipal countermeasure In accordance with paragraph 1 (a) of this article, it is owned by the executing agent and the Russian Federation, the executing agent and the entity of the Russian Federation, in accordance with paragraph 1 (b) of this article. A public or municipal employer is entitled to grant a free (non-exclusive) licence to a third person to use tacos 9. If the right to obtain a patent and exclusively e The right to the result of intellectual activity, directly related to defence and security, belongs in accordance with paragraph 3 of the present article of the Russian Federation, the right to security of the person concerned. The applicant may grant him the right to use this result of intellectual activity under the terms of a free (non-exclusive) licence. 10. to obtain a patent and an exclusive right to the result of intellectual activity created in the performance of work under a public or municipal contract for public or municipal enterprises In accordance with paragraph 4 of the present article of the Russian Federation, the entity of the Russian Federation or the municipal entity, the perpetrator is entitled to use the result of the intel. 11. A person who has the exclusive right to an invention, a useful model, an industrial sample, a village a national achievement or secret of production (know-how) created in the performance of work under a State or municipal contract for public or municipal purposes (except as a result) In accordance with the provisions of the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations and the Charter of the United Nations, States of America, the United Nations and the United Nations are bound, within two years from the date on which the relevant exclusive right to begin is established. The use of such results in practice or the transfer of the relevant exclusive right to other interested persons. the result of the intellectual activity obtained in the performance of the work under a public or municipal contract, the consequences of its failure to perform it and the conditions for its termination are determined by the Rights 12. The Government of the Russian Federation determines: (1) the manner in which the rights belonging to the Russian Federation with respect to the results of intellectual activities, i.e. the number of rights to intellectual results directly related to defence and security; (2) the procedure for the establishment and maintenance of a single register of scientific and security results Military, special or dual-use ice, development and technology, including information on intellectual performance, (3) Federal executive authority authorized to maintain such a register; (4) model grant licensing contracts the right to use the result of an intellectual activity for public or municipal purposes and the procedure for concluding such contracts; (5) the procedure for State or municipal action 13. In the case of an exclusive right to the result of an intellectual activity in accordance with subparagraph 2 of paragraph 2 of this article. They should indicate the circumstances under which the right to obtain a patent and the exclusive right to the result of intellectuals listed in paragraph 3 and subparagraph 1 to 3 of paragraph 4 of this article should be specified. Tual activities belong to the Russian Federation, to the entity of the Russian Federation or to a municipal entity.