of December 25, 2008 No. 284-FZ
About assignment of rights on single technologies
Accepted by the State Duma on December 17, 2008
Approved by the Federation Council on December 22, 2008
This Federal Law governs the relations according to the order the rights to single technologies of civil, military, special or dual purpose which belong to the Russian Federation or the subject of the Russian Federation or jointly the Russian Federation or the subject of the Russian Federation and other persons, by their transfer on the basis of carrying out tenders or auctions, and also procedure for assignment of rights on single technologies without carrying out tenders or auctions.
Provisions of this Federal Law extend also to the relations according to the order the rights to parts of single technologies if parts of single technologies can have independent value according to provisions of the Civil code of the Russian Federation.
Subjects of the relations regulated by this Federal Law are:
1) persons performing on behalf of the Russian Federation or the subject of the Russian Federation the order the rights to single technologies (federal executive bodies, executive bodies of the subject of the Russian Federation, other state bodies and legal entities according to their powers, the established Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation);
2) persons which organized creation of single technologies (contractors);
3) persons to whom the rights to single technologies belong together with the Russian Federation or the subject of the Russian Federation;
4) persons acquiring the rights to single technologies according to the procedure, established by this Federal Law;
5) other participating in the relations on assignment of rights on single technologies according to this Federal Law of person.
1. Assignment of rights on single technologies is performed by results of carrying out tenders or auctions on the right of the conclusion of agreements on alienation of the rights to single technologies or by results of carrying out tenders or auctions on the right of the conclusion of license agreements about provision of the rights to use single technologies (agreements on assignment of rights on single technologies).
2. Transfer of the right to single technology is performed by results of holding open tender or auction on the right of the conclusion of agreements on assignment of rights to single technologies. Transfer of the right to single technology for results of carrying out closed competition or auction on the right of the conclusion of agreements on assignment of rights to single technologies is performed if data on single technology are the state secret. Transfer of the right to the single technology containing the data which are the state secret is performed with observance of requirements of the legislation of the Russian Federation on the state secret.
3. By the general rule transfer of the right to single technology is performed by results of carrying out tender on right to contract about alienation of the right to single technology. In case of impossibility of alienation of the right to single technology on competitive basis in connection with tender recognition cancelled transfer of the right to single technology is performed by results of holding the auction on right to contract about alienation of the right to single technology.
4. Transfer of the right to single technology can be performed by results of carrying out tender on the right of the conclusion of the license agreement about provision of the right to use single technology (further also - the license agreement) on the terms of provision of the simple (non-exclusive) license if the single technology is connected directly with ensuring defense and safety of the Russian Federation and need of preserving these rights beyond the Russian Federation is not lost. In case of impossibility of transfer of the right to single technology on competitive basis in connection with recognition of such tender cancelled transfer of the right to single technology is performed by results of holding the auction on the right of the conclusion of the license agreement on the terms of provision of the simple (non-exclusive) license.
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The document ceased to be valid since January 1, 2022 according to article 3 of the Federal Law of the Russian Federation of December 22, 2020 No. 456-FZ