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Technology Commercialization: Russian Challenges, American Lessons (1998)
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. "Development of Legal Regulations for Technology Commercialization in Russia." Technology Commercialization: Russian Challenges, American Lessons. Washington, DC: The National Academies Press, 1998.

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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.

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Front Matter (R1-R10)
Perspective From a University with an Industry-Funded Research Program (1-7)
Commercializing University Technology (8-15)
Legal Issues of Special Concern to Technology Commercialization (16-23)
An Industrial Perspective on Technology Commercialization in the 1990s and Beyond (24-32)
Research, Technology Development, and Commercialization (33-40)
View from a National Laboratory (41-43)
The Role of Industrial Institutes in Creating and Maintaining Russia's Industrial Potential (44-49)
Problems of Taxation and Technology Commercialization in Russia (50-54)
Commercialization of Scientific and Technical Developments at Higher Education Institutes (55-59)
Development of Legal Regulations for Technology Commercialization in Russia (60-66)
Commercializing for the Polymer Industry: The Experience of an Academy Institute (67-74)
The Main Problem in Commercialization of Scientific Research Results (75-84)
Areas of Further Consideration (85-88)
Appendix A: Workshop on Technology Commercialization Agenda (89-90)
Appendix B: Excerpts from the Bayh-Dole Act (91-98)
Appendix C: Excerpts from the National Competitiveness Technology Transfer Act of 1989 (99-104)
Appendix D: Commercializing Technology (105-106)
Appendix E: U.S. Patent Law Provisions that Promote University-Based Patenting and Technology Transfer (107-111)
Appendix F: Description of the Centennial Campus (112-113)
Appendix G: Innovation Research Fund (114-115)
Appendix H: First Flight Venture Center (116-116)
Appendix I: NIST Advanced Technology Program (117-119)
Appendix J: The Industrial Research Institute, Inc. (120-121)
Appendix K: NSF Industry/University Cooperative Research Centers Program (122-128)
Appendix L: U.S. Tax Policy Issues (129-132)
Appendix M: University Unrelated Business Income Policy (133-134)
Appendix N: Visits in Russia and the United States (135-138)