Grants and Subsidies from the State: Who Holds Exclusive Rights to the Result?
The Ministry of Education and Science has prepared a draft law that will affect those who create intellectual property using grants and subsidies from the state budget. The initiative involves introducing a new Article 1240.2 into the Civil Code, aimed at addressing a long-standing legal gap.
What's the essence?
Currently, clear rules exist only for results of intellectual activity created under state contracts (Article 1240.1 of the Civil Code). However, the regime of rights to results of intellectual activity developed using subsidies and grants remains undefined and is governed only by the terms of specific agreements. The new draft law aims to create a systematic approach similar to that for state orders.
Why is this important?
The draft law establishes more predictable rules for sientific organisations, universities, and innovative companies working with state funding.
The basic rule is that rights to results of intellectual activity will belong to the performer (grantee), but the state can always demand a royalty-free, non-exclusive (simple) license for their use.
For more details, see the commentary by Anton Shamatonov, Managing Partner of MAGENTA Legal, in the December issue of the journal "EZh-Yurist".
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