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protect it, and the rights of each participant in the event that the other participant does not meet its obligations to ensure protection for the intellectual property. Agreements also should include provisions and procedures for payment of compensation to inventors and authors of other types of intellectual property.
Agreements should cover procedures for submission of patent applications to the national patent agencies of each party involved. Patent applications concerning inventions created on the territory of a given party should first be submitted to the patent agency of that party's country.
Agreements also should address that the transfer of assets involving elements of intellectual property from one party's country to another party's country for the purpose of joint activities under the contract. Furthermore, agreements should specify that this transfer must not violate the legal rights of any third parties in the country from which the transfer is made. They also should specify that any complaints lodged by third parties regarding the transfers will be the responsibility of the participant which made the transfer.
Applicability of the U.S. Experience with Technology Commercialization
The U.S. technology commercialization experience with which the Russian delegation familiarized itself appears in many respects to be applicable to Russia. For instance, as a result of the Bayh-Dole Act, U.S. patent legislation allows the rights to inventions created by national laboratories and universities to be acquired not only by the U.S. government, national laboratories, and universities, but also by nongovernmental investors who have provided funds for the creation and commercialization of technologies. As noted above, the Patent Law of the Russian Federation, which stipulates that rights to inventions created using federal budget funds be assigned to any individuals invested in the creation and commercialization of the technology, does not include the possibility of assigning rights to these inventions to the state. For this reason, the Patent Law of the Russian Federation is not as universal as the patent legislation of the United States.
The United States has experience in creating the necessary conditions for financing the entire process of producing and utilizing technologies, including conducting basic research and experimental design work, preparing test models (prototypes), launching mass production, and selling the products. Unfortunately, application of this experience to Russia largely is hindered by the economic crisis, which has resulted in limited willingness to use new technologies, and by the insufficiency of state financing.