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Civil-law position of the person who have organised Creation of uniform technology

The role and value of the organizer of creation of uniform technology is difficult for overestimating, as concerning this subject by existing norms are provided also occurrence of the right to an end result, and putting on of duties on fulfilment of the lawful bases of use of an end-product directed on maintenance, and also its introduction.

Thus, as we already mentioned above, as the subject coinciding with the person, creation of uniform technology, the executor is legislatively named by organised.

Traditionally in the civil legislation the term "executor" is used as a designation of the subject of legal relations concerning creation of various earlier not existing objects, including results of intellectual activity or rendering of services, in that case when its given version is not settled by special provisions. The special acts regulating the relations under the state or municipal contract, including on creation by the executor of objects of the copyright (item 1298 GK the Russian Federation) on products of a science, the literature or art, on creation by the executor of know-how - (item 1471 GK the Russian Federation), in contractual relations of delivery of the goods for the state and municipal needs (item 526 GK the Russian Federation) and under contracts on performance of the defensive order subcontract dogovory or contracts consist with organizers (executors) of item 3 of the Federal act from 29.12.2012 № 275-FZ «About the state defensive order [147]». The approach of the legislator, on the one hand, regarding uniform technology as result of the scientific and technical activity, able to belong mainly to the Russian Federation or its subject, and with another, allocating as the priority source of finance payment under the state contract.

In this connection G.M.Soloveva fairly notices, that «... The party which is executing contract or the state contract, is the executor of works on creation of result of scientific and technical activity and can be the organizer of creation of uniform technology.» [148].

E.A.Masur also considers, that the person who has organised creation of uniform technology, is the person who is the executor of a technical innovation, possessing the right to its separate components [149].

Considering the differentiation proved by us on created "public" (state) and "private" uniform technologies, equalising among themselves a legal status of the organizer and the executor it is considered by the wrongful.

The actions made by the person, organised creation of uniform technology, and executors (developers of objects of exclusive rights to results of the intellectual activity, a part of uniform technology executors) essentially differ among themselves.

Certainly, organizer also can represent itself as the person who have developed included in structure of technology object, however it will not change its basic function in association of all set of results in a uniform end-product.

The organizer as the subject of legal relations can coincide also with the investor, but also in this case its special powers remain invariable.

Proceeding from stated and taking into account the offered division of uniform technologies on public and private, we underline necessity of differentiation of a legal status of the organizer of creation of uniform technology and the executor as which it is offered to understand the developers entering into uniform technology of results of intellectual activity.

The organizer of creation of uniform technology to whom are invested with powers under the order by budgetary funds, can represent itself as the customer according to concluded state contracts on performance NIOKTR. According to containing in the Rospatent report for 2016 data had been carried out checks of 546 state contracts on performance NIOKTR of civil military, special and double appointment [150] in which course the certificates regulating activity of the customer concerning management by the rights of the Russian Federation on results of intellectual activity which analysis has allowed to reveal following lacks are considered:

- At separate state customers departmental certificates do not define the organisation of works on management of the rights of the state regarding registration of the rights to the results of intellectual activity used and (or) created at performance of contracts;

- Not at all customers the organisation of works on registration of the rights of the Russian Federation on results of intellectual activity, to realisation of the state account of results of intellectual activity is defined;

-In some cases there are no structural divisions to which functions on realisation of works in sphere of a right protection and use of results of the intellectual activity created at the expense of assignments of the federal budget are assigned.

Such position testifies to low level of performing discipline within the limits of realisation of instructions under the account and registration of the rights to budgetary results of intellectual activity and, in our opinion, is a consequence of absence at the organizer of creation of working out who in this case is allocated by functions of the customer, interest in final object.

Special value has fastening in chapter 77 GK the Russian Federation norms on which the person who has organised creation of uniform technology, posesses the right to use results of intellectual activity as a part of uniform technology on the basis of contracts with owners of exclusive rights to the results of intellectual activity which are a part of uniform technology as as a part of difficult object.

As fairly marks A.V.Latyntsev, «... If concepts« uniform technology "and" difficult object »correspond as private with the general, more true use« as a part of the uniform technology which are difficult object », instead of« in structure of uniform technology as as a part of difficult object. ». [151] as it was already offered in the first paragraph of the given research, it is necessary to exclude otsylochnuju norm of item 5 of item 1240 GK the Russian Federation, and uniform technology to include in the closed list of difficult objects. Then in position of item 3 of item 1542 GK the Russian Federation, specifying in possibility of use of elements entering into uniform technology«.kak as a part of difficult object. », necessity in general will disappear.

In what specificity of a legal status of the named subject of legal relations concerning uniform technology?

First, and it is necessary to consider it as the positive moment, the instructions are not concretised, whether the organizer is physical or the legal body. The only thing that it is possible to approve with confidence, making a start from an existing legal design, that the person of the organizer does not coincide with the subjects financing working out.

Legislatively also it is not defined, whether there should be it one subject or joint cooperation of several organizers is possible. And in this connection G.M.Soloveva has come to conclusion about possible plurality of subjects as item 1240 GK the Russian Federation does not limit quantity of possible joint organizers of creation of difficult object [152].

Thus, if to assume, that some persons it is necessary to extend positions of the norms regulating the co-authorship to their mutual relations can create uniform technology joint work.

It is possible to consider as indirect acknowledgement of the thesis on the possible co-authorship the fixed positions concerning an accessory of the rights to technology to several persons simultaneously: the Russian Federation, the subject of the Russian Federation, other investors of the project as a result of which realisation the technology is created, the executor and other legal owners. The order the right to the uniform technology, to several persons belonging in common, is carried out by them on a consensus (between legal owners the agreement is entered into).

If between the several persons who have organised creation of uniform technology, too there will be an agreement as considers G.M.Soloveva, «... By analogy to item 3 of item 1229 GK the Russian Federation, defining relations of several legal owners on use of result of intellectual activity and without it the difficult object will be aggravated by the big heap of agreements - at first the agreement between the persons who have organised creation of uniform technology, further the agreement between the person who has organised creation of uniform technology and other legal owners which circle can be rather wide (developers of results of intellectual activity as a part of uniform technology, the Russian Federation, the subject of the Russian Federation, other investors of the project).» [153].

Such negative perception of creation of uniform technology of the contract defining them of the relation concerning created object, nevertheless, concluded between several organizers does not give the basis to refuse from the contractual regulation of relations allowing to the parties as much as possible effectively to provide the interests.

Secondly, there is an uncertainty of a substantial part of activity of the organizer, whether it carries out purely technical functions or its activity is creative.

Concerning ability of the organizer to bring the creative contribution to a science two opposite points of view are stated.

According to O.A.Gorodova, «... The uniform technology cannot be the result of intellectual activity characterised always by presence of creative activity, it is defined as result scientifically - technical activity.» [154]. Thereby it is meant, that at activity of the organizer creative activity is absent.

E.V.Grushin also specifies, that activity of the organizer is not creative, but the organizer gets the exclusive right to difficult object on the basis of contracts on alienation of the exclusive right or licence contracts [155].

A number of jurists have the opposite point of view. As marks A.L.Makovsky, «.obedinjajushchim the beginning transforming the sum of components of uniform technology from a conglomerate various scientifically - technical achievements in uniform technology, possibility to use the difficult object created by creative association of such components, in quality« a technological basis of certain practical activities is. » [156]. According to R.S.Rahmatulinoj, «.pri creation of difficult objects there are various kinds of creativity: art, literary, design, technical, electronic, etc. the Difficult object consolidates in itself creative and technical potential of its founders, thus creativity can be both scientific, and technical, connected with the decision of certain technical problems. Necessity to assign to founders of difficult objects the same exclusive rights, as well as for other subjects of results of intellectual activity is especially underlined...)) [157].

In a legal regime of difficult objects to the person who has organised its creation, the key role is taken away. The difficult complex object considered as independent, appears efforts from its activity also and it also can become a technological basis of certain practical activities. It is known, that inclusion in structure of complex object of certain results of intellectual activity (protected and unprotected) is not purely mechanical, it is obvious, that this activity demands realisation special kompetentsy.

Besides, the person who has organised creation of uniform technology can independently create results of intellectual activity as a part of uniform technology. In this connection the statement about absence of creative character in activity of the organizer is erroneous.

The ability mentioned above to represent itself as organizers equally and physical and legal bodies causes to underline specificity of creative activity of the organisation.

Characterising possibility of realisation of creative activity by the legal body, A.G.Abramjan marks: «.zakonodatelstvo the Russian Federation and international treaties in sphere of the copyright start with a principle, that as the author of result of intellectual activity the physical person, as the legal body can act only

On itself, being legal fiction, cannot carry out creative activity, create creativity products...)) [158].

Really, the legal body is the so-called personified property.

Professor E.P.Gavrilov, characterising essence of the copyright of legal bodies, has noted one interesting fact: «.zakonodatel, assigning to legal bodies copyrights, anywhere in the law does not name legal bodies authors.» [159].

For example, A.L.Makovsky believes, that in item 1240 GK the Russian Federations «.dlja founders of difficult objects are concentrated norms about« kvaziprave »on an author's name of legal bodies.» [160].

Speaking about fiction of authorship of the legal person, V.A.Dozortsev specified, that «.juridicheskoe the person as the subject of the copyright is substituted to the place of the physical person, displaces it, the law designs the nature and character of their rights absolutely similarly.» [161].

E.A.Kondratyev, directing attention to accessories of the exclusive right to result of intellectual activity, carries to subjects of intellectual property both physical, and legal bodies [162].

And the given approach it is necessary to recognise as the majority of researchers lawful, it is noticed, that the result is created by creative activity of workers of the legal person in course of execution of the labour (official) duties by them, and the organisation on it has exclusive rights as on office object [163]. In other words, equality between creative activity of workers and creativity of the most legal person admits.

Thirdly, practical activities of the organizer are reflected in realisation of management by it actions of developers on creation of an end result and the conclusion concerning already developed results of intellectual activity included as elements in structure of uniform technology.

With reference to management realisation by "public" uniform technologies by the Governmental order of the Russian Federation from 22.12.2010 № 1089 [164] management of the rights to uniform technology is understood as fulfilment by the authorised persons of following actions:

«... realisation of actions for registration when due hereunder the rights to the results of intellectual activity which are a part of uniform technology;

- The state account of uniform technologies;

- The organisation of use of uniform technologies for maintenance of the state needs from the moment of occurrence of the rights to uniform technologies at the Russian Federation till the moment of occurrence of the bases for cession of rights on uniform technologies in an order established by the legislation;

- The organisation of cession of rights on uniform technologies for use in economic circulation, including decision-making on gratuitous cession of rights on uniform technologies. ».

The similar list of actions having, however, in relation to uniform technology the general character, is provided by the Governmental order of the Russian Federation from 22.03.2012 № 233 [165].

Regulated by the certificates resulted above ways of management represent realisation of administrative powers exclusively concerning results of intellectual activity already belonging to the Russian Federation, therefore are not to the full applicable to administrative activity of the organizer as activity is directed on working out yet not created object.

Administrative activity represents the difficult and many-sided mechanism of activity of the subject which corresponds the allocated S.V.Mogilyov [166] with reference to management of the legal body to characteristics: «... A complex of the actions necessary for formation and achievement of the purposes of the organisation.».

With reference to management of activity on creation of uniform technology it is a complex defined facing to the organizer in connection with necessity of working out of an end result problems, actions of actual and legal character.

Contractual activity of the organizer consists in the conclusion with the developers, elements entering into uniform technology, the contracts providing working out of results not existing yet of intellectual activity or contracts on granting on the various bases and conditions of competences on use of already existing protected and not protected objects.

Considering, that the current legislation concerning the organizer of creation of technology financed for budgetary funds provides the certain legal regime including the list of competences and duties, will pay the attention, first of all, to it for revealing of sufficiency of the fixed status.

As a result of the system analysis of positions of chapter 77 GK the Russian Federation it is possible to allocate the following established rights of the organizer:

«... right to use results of intellectual activity as a part of uniform technology as as a part of difficult object;

- The right to the created technology;

- The option of a way of a right protection of results of the intellectual activity entering into uniform technology, in the ways, as much as possible corresponding it (obviously organizer) to interests and providing practical application of uniform technology;

- To make agreement, the defining joint order to belonging several persons the right to technology;

- To receive the income of the perfect order the right to technology. ».

It is necessary to carry to duties:

«.-Immediately to take measures for a recognition behind it and receptions of the rights to the results of intellectual activity which are a part of uniform technology;

- To carry out practical application (introduction) of uniform technology. ».

The fixed it is legislatively right also duties not only that are provided exclusively concerning the organizer of creation of "public" uniform technology, but also, in fair opinion of many researchers, require detailed elaboration and a concrete definition.

N.I.Steshenko suggested to fix positions about the intellectual rights of the parties to results of works in the state developmental contract (manufacturing and delivery) difficult object at the expense of means of the federal budget and to provide respective alterations in the Governmental order of the Russian Federation from January, 23rd, 2004 № 41 «About the statement of approximate state contracts on performance nauchnoissledovatelskih and developmental works under the state defensive order», lost now a validity in connection with acceptance of the Governmental order of the Russian Federation from 26.12.2013 № 1275 [167]. Considering, that offered improvements and have not received the fastening it is possible to approve about an urgency of inclusion of the following rights belonging to the executor (to the person who has organised creation of uniform technology): « ... - the right to appropriate the name or the name; - the right to demand its instructions in a business turn; - the right to compensation for creation and technology use, including the following right; - the right to inviolability and protection against technology changes; - the right to processing, updating, practical realisation of technology; - access right; - the right most to develop the missing documentation or to carry out the author's control over its working out; - the right of architectural supervision of technology realisation; - the right to participation in technology realisation; - the right to authorise extraction from technology and use of its part; - the right primary with other things being equal to making contract of buying to technology. ».

To duties of the executor (organizer) to carry: « ... duty to include in the employment contract of the employer with each worker of a condition: cessions of rights on results of intellectual activity to the employer as on office in connection with performance by the worker of the office task and duties; - a duty to pay compensations to the worker for creation and use of such results; - observance by the worker of a mode of preservation of secret of the office information known to it on a theme; - in the beginning (stage) of working out spends it is information - patent researches, provides a national, world priority and legal cleanliness of technology in relation to other legal owners according to the technical project, proves necessity and the price of use as a part of technology of other known intellectual property - the and the third parties; - In coordination with the customer concludes dogovory with legal owners of other intellectual property on the terms of its subsequent transfer to the customer and use as a part of technology; on termination of a year, and also working out (stage) spends inventory of results and volumes of own works on creation and technology use, participates in verification of volumes of technology and works, calculations and charge by the customer of compensation for creation and technology use; - metes taking into account the offer of joint creative body (scientific, scientific and technical, technical council, etc.), charges and pays with breakdown by the month compensation for creation and use of technology to workers of the organisation... L [168].

E.A.Masur suggests to divide legislatively the rights and duties of the person who have organised creation uniform, and to fix them in article 1544 GK the Russian Federation as «the Rights and duties of the person who have organised creation of uniform technology, on use of results of intellectual activity entering into its structure».

To the rights of the person who have organised creation of uniform technology the researcher has carried: «... right to the created technology; - the option of a way of a right protection of results of the intellectual activity which is a part of uniform technology; - possibility to dispose of the right to uniform technology by its transfer in full or in part to other persons...».

To duties are carried: «... - acceptance of immediate measures by a recognition of the right to uniform technology; - appropriate registration of the rights to the results of intellectual activity used in technology; - a duty on practical application (introduction) of uniform technology; - a duty to forbid the third parties not authorised use of the rights by them on the results of intellectual activity which are a part of uniform technology.» [169]

However the offered list, as well as the considered above, offered N.I.Steshenko considered above, distinguishes that essential lack, as works of the majority of researchers of the legal nature of uniform technology - authors are limited to the analysis of the is already standard fixed legal designs and disregard perspectivity of an establishment of the general approach to a regulation of the complex scientific and technical decision with an establishment of a design of "private" uniform technology.

Thus in the scientific literature it was repeatedly mentioned the prospects of uniform technology connected with expansion of sphere of its application and an exit for frameworks of budgetary financing [170].

G.M.Soloveva specified, that «despite potential applicability of the given institute to sphere scientific and technical and economic activities as a whole, chapter 77 GK has limited regulation of uniform technology only to the relations caused by state financing of works under the state contracts, other contracts, estimates, grants, except for the budgetary credit (item 1543 GK)» [171].

A.V.Latyntsev supports a number of jurists concerning possibility of application of uniform technology without participation of subjects of the public law and allocates new rules for practical application of various kinds of uniform technologies (including created without the state participation) [172].

The author to «... To the universal rights of the organizer of the uniform

Technologies... »Are carried:

«... - the right to the uniform technology created by the organizer;

- The right of the organizer to a recognition and reception of the rights to the results of intellectual activity which are a part of uniform technology. ».

In case of creation of uniform technology for the state account or with attraction of public funds the granted right is transformed to a duty of the organizer immediately to take provided by the legislation of the Russian Federation of measures for a recognition behind it and receptions of the rights to the results of intellectual activity which are a part of uniform technology.

«. - the right on free the order the right to uniform technology by its transfer in full or in part to other persons.». The considered right assumes transfer of all results of intellectual activity a part to uniform technology to a complex as a unit. Cession of rights on a technology part is possible, only if the part of uniform technology has independent value. Restrictions of the granted right are established for the uniform technology created for the state account or with attraction of public funds. In this case the priority of practical application (introduction) of uniform technology in territory of the Russian Federation (item 1551 GK the Russian Federation) is established.

Use of uniform technology in territories of the foreign states probably only in the presence of the consent of the state customer or the manager of budgetary funds according to the legislation on foreign trade activities and the state registration of the transaction in the authorised state body.

Duties of the organizer concerns: «... duty on practical application of uniform technology. The owner of the right to the uniform technology created for the state account or with attraction of public funds, is obliged to carry out its practical application (introduction) (item 1545 GK the Russian Federation).».

For not state uniform technologies the given duty in the Russian legislation accurately is not fixed, but it is meant proceeding from a principle of diligent realisation of the civil rights (ch. 3 items 1 GK the Russian Federation) under risk, in particular, compulsory licensing (item 1239, 1362, 1423 GK the Russian Federation) at non-use or insufficient use of results of the intellectual activity which is a part of uniform technology.

Along with the doubtless advantages shown in aspiration to prove integrated approach of institute of uniform technology and possibility of its application for workings out of budgetary funds financed without attraction, the named researchers nevertheless could not abstract from already fixed instructions and to offer universal approaches to uniform technology.

Having analysed the discrimination of jurists to powers of the person who have organised creation of uniform technology, it is possible to conclude, that despite attempts and various offers on improvement of the legislative base regulating both uniform technology as a whole, and a legal status of the unique subject of civil law - the person who have organised creation of uniform technology a legal regulation of uniform technology as object of civil law and a legal status of the person, organised creation of uniform technology as the subject of civil law, remain limited.

We believe, that in the light of an innovative way of development of the Russian Federation, on the one hand, and control maintenance over workings out in sphere military, special and double appointment, on the other hand, the proved legal regulation of uniform technology has great value. Carrying out of research and prospect of modernisation of a legal regime of uniform technology should find the reflexion in perfection of legal base.

Proceeding from the legal analysis, offered early, differentiations of legal regimes of the uniform technology created at the expense of means of the federal budget or the budget of the subject - "public" uniform technology and the uniform technology created at the expense of own means of private persons and-or means of investors (including at the expense of the means received in the form of the budgetary credit) - "private" uniform technology, it is necessary dualistichesky the approach to competences and duties of the organizer of creation of uniform technology.

So, article 1544 GK the Russian Federation is offered to name «the Rights of the organizer to uniform technology» and to divide structurally into two points:

Point 1. The rights of the organizer to "public" uniform technology include:

- The right to the uniform technology created by the organizer;

- The right most to develop results of intellectual activity for their inclusion in structure of uniform technology;

- The right of the organizer to registration and reception of the rights to the results of intellectual activity which are a part of uniform technology;

- Is right to dispose freely of the right to uniform technology by its transfer in full or in part to other persons in territory of the Russian Federation;

- The right to dispose of the right to uniform technology by its transfer in full or in part to other persons in territory of the foreign state in the presence of the consent of the state customer or the manager of budgetary funds with a condition of carrying out of the state registration of the transaction on cession of rights on uniform technology in federal enforcement authority on intellectual property;

- The right primary, with other things being equal, to making contract about performance of additional works on finishing of uniform technology to a stage of practical application taking into account requirements of the interested person [173];

- The right to receive compensation for creation and use of uniform technology, also the following right;

- The right to inviolability and protection against changes of uniform technology;

- The right to processing, updating, practical realisation of uniform technology;

- Access right;

- The right to authorise extraction from uniform technology of separate results of the intellectual activity entering into its structure if it is supposed their independent, without detrimenting to the general result, application;

- The right to make extraction of separate results of the intellectual activity which is a part of uniform technology, at their full independence and independence of other results of intellectual activity as a part of uniform technology and the most uniform technology.

Point 2. The rights of the organizer to "private" uniform technology include:

- The right to the uniform technology created by the organizer;

- The right most to develop results of intellectual activity for inclusion in structure of uniform technology;

- The right of the organizer to a recognition and reception of the rights to the results of intellectual activity which are a part of uniform technology;

- Is right to dispose freely of the right to uniform technology by its transfer in full or in part to other persons;

- The right to practical realisation (introduction) of uniform technology in the terms comprehensible to the organizer if other is not established by the contract or the agreement;

- The right to inviolability and protection against changes of uniform technology;

- The right to processing, updating of uniform technology;

- The right of architectural supervision of practical realisation of technology;

- The right to authorise extraction from uniform technology of separate results of the intellectual activity entering into its structure if their independence is not considered sufficient;

- The right to make extraction of separate results of the intellectual activity which is a part of uniform technology, at their full independence and independence from the friend to results of intellectual activity as a part of uniform technology and the most uniform technology;

- Is right to carry out procedure of identification of uniform technology independently;

- The right to address in federal enforcement authority on intellectual property behind the state registration of uniform technology as result of intellectual activity.

It is offered to state item 1545 GK the Russian Federation in a new wording:

Article 1545. Duties of the person who have organised creation by the uniform

Technologies.

Point 1. Duties of the organizer concerning "public" uniform technology concern:

- To take measures on registration of results of intellectual activity as a part of the uniform technology, created by the organizer independently;

- Duty to carry out practical application of uniform technology mainly in territory of the Russian Federation;

- Duty to carry out procedure of identification of uniform technology;

- Duty to register the state uniform technology in civil sphere in federal enforcement authority on intellectual property, and the state uniform technology in sphere of military, special and double appointment as result of intellectual activity - in specialised division of federal enforcement authority on intellectual property (FAPRID);

- Duty to transfer the rights to uniform technology of the Russian Federation if the uniform technology is connected with maintenance of defence and safety of the country [174];

- Duty to receive the consent of other organizers of creation of uniform technology and other legal owners on transactions on cession of rights on the uniform technology belonging to them in common;

- Duty to get the permission to transfer of the driver's licence to uniform technology to the foreign state and to carry out the state registration of such transaction;

- Duty to transfer the right to uniform technology of the Russian Federation or to the subject of the Russian Federation gratuitously in the cases established by item 1548 GK the Russian Federation [175];

- Duty to charge and pay with breakdown by the month compensation for creation and use of uniform technology to developers of uniform technology.

Point 2. Duties of the organizer concerning "private" uniform technology concern:

- Duty to charge and pay with breakdown by the month compensation for creation and use of results of intellectual activity entering into uniform technology to developers of uniform technology;

- Duty to transfer the right to uniform technology of the Russian Federation or to the subject of the Russian Federation gratuitously in the cases established by item 1548 GK the Russian Federation;

- Duty to carry out practical application of uniform technology mainly in territory of the Russian Federation;

- Duty to receive the consent of other organizers of creation of uniform technology and other legal owners on transaction fulfilment on cession of rights on the uniform technology belonging to them in common.

Let's notice, that principles dozvolitelnoj orientations of legal regulation and free osushchestvleny the civil rights exclude putting on on the organizer of creation of "private" uniform technology of a duty on reception as security documents on a part technologies separate results of intellectual activity, and on uniform technology as a whole. The reason for that is granting to the authorised person of powers for choice a way of realisation of the right and its protection.

Let's notice, that the uniform technology is applied not only in sphere of military, special and double appointment, but also in civil sphere that does by its object of wide consumption. Moreover, it is perspective object of innovative activity. As fairly marks L.A.Trahtengerts, process of development of new technologies demands serious investments into creation of new manufactures which (quite often considerably repeatedly) surpass actually expenses for researches and workings out. The expediency of introduction of technologies is defined by economic demand that limits efficiency of application of purely administrative actions in these purposes. [176] introduction of new technologies is frequently interfaced to considerable financial risk. Territorial restrictions of introduction of uniform technology only aggravate these risks. Available restrictions should concern only the state uniform technologies in military sphere, sphere double and a special purpose.

As a result of the analysis of corresponding positions and a being of a legal status of the person who has organised creation of uniform technology, from the point of view of civil law the author comes to following conclusions:

1. Set of the rights and duties of organizers of creation of "public" and "private" uniform technology cannot be identical. The reason for that is granting to the organizer of budgetary funds with simultaneous putting on of their duty target both an effective utilisation and realisation of the corresponding control.

2. The strict imperative of a duty of practical application (introduction) of uniform technology is an unreasonable obstacle for a choice of uniform technology as forms of expression of scientific working out and as object of transactions on cession of rights on uniform technologies. In view of what on "private" uniform technologies its distribution is not proved.

3. The organizer of creation of uniform technology represents itself as the legal owner of the uniform technology which are uniform indivisible or as recently often use in the scientific literature, «difficult complex» object of the intellectual rights, and in the long term and exclusive rights too. In the course of creation (before introduction) uniform technology the organizer as legal owner has a right to use results of intellectual activity as a part of uniform technology.

4. In case of inadequate discharge of duty of the organizer of "public" uniform technology on maintenance of protection of independently developed protected results of intellectual activity it should perform administrative responsibility.

3.3.

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A source: KASULINA VLAD VLADIMIROVNA. Uniform technology as object of civil-law regulation. The DISSERTATION On competition of a scientific degree of the master of laws. Moscow - 2017. 2017

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