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26 November 2020

As a step forward to attract investments into the R&D of universities and research institutions Russia’s Ministry of Economic Development is ready to permit inventors transfer their exclusive rights to businesses for the outcomes of intellectual activity (OIA). This means that patents will be made accountable as an investment into the company’s statutory capital. Currently it is the inability to use the exclusive rights of their inputs which poses great risk to potential investors of losing them and it both impedes further commercialisation of technologies and does not bring fully state-funded R&D developments into life.

What follows the publication on the Federal portal of legal acts of a draft with amendments to Laws on science is that the Ministry of Economic Development proposes to extend options for commercialisation of technologies created in universities and research institutions. Removing limitations for them in exclusive rights (patents) for OIA transfer into the companies’ statutory capital, which plan introducing such technologies is what the state body proposes to do. At the moment universities and research institutions can only sign license agreements with technological start-ups. But as far as these rights can be transferred to other parties the start-up investors risk to lose their investments. 

The draft law eliminates drawbacks of the current legal framework and besides transfer of OIA exclusive rights to start-ups this document sets up a system of rights’ protection for developers of technologies. Thus, a patent-holder would have to support his OIA rights and transfer to the university or RI upon request a simple non-exclusive license. Should exclusive rights be transferred to a third party the patent holder will have to provide continuity of such obligations.

It is expected by the Ministry of Economic Development that this project will increase output of national investments into scientific, research, experimental and laboratory works giving an impulse for economic technological development.

Source: Rospatent

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