Legal encyclopedia. Letter B

IMPLEMENTATION OF SCIENTIFIC-RESEARCH, EXPERIMENTAL DESIGN AND TECHNOLOGICAL WORKS

- regulated by civil law

Agreements, which establish the mutual rights and responsibilities of developers and customers of scientific and technical products.

Under the contract for implementation

Scientific researches the executor undertakes to carry out scientific researches conditioned by the technical task of the customer, and under the contract for performance of developmental and technological works - to develop a sample of a new product, design documentation for it or a new technology, and the customer undertakes to accept work and pay for it. These contracts are independent, consensual, onerous, reciprocal.

The peculiarity of these contracts is that the customer bears the risk of accidental inability to execute contracts for

Implementation of NI R., OK R. and technological work.

As the parties perform performer (research, design and technological organizations) and the customer (any citizens and organizations).

The subject of contracts are

Scientific and technical research,

Representing the product

Intellectual activity.

The form of contracts for the implementation of NIR and OKR is written by drawing up and signing one document, the special requirements to which the law does not contain.

The price is established by agreement of the parties by drawing up an estimate and includes compensation for the costs of the performer and the remuneration due to him. The order of payments is selected by the parties themselves.

The term of validity of contracts for the performance of NIR and OKR is established by the parties, taking into account the complexity of the tasks being solved.

Rights and duties of the performer:

1) to perform work on the instructions of the customer, while involving third parties to the execution of the contract only with the consent of the customer, and transfer the result of work to the customer;

2) to ensure the confidentiality of information relating to the subject of the contract, the course of its execution and the results obtained;

3) eliminate by their own strength and at their own expense the deficiencies that have arisen in the performance of work for his fault, and the lost profit is subject to reimbursement only in cases provided for by the contract;

4) use the results of works (including those that are suitable for legal protection) within and on the terms stipulated by the contract;

5) ensure the good quality of the work he has accepted for execution, while he can not guarantee the obligatory achievement of the expected result, and if it is found impossible to obtain the expected results or about the inexpediency of continuing work, he must inform the customer;

6) to coordinate with the customer the need to use protected results of intellectual activity owned by third parties and to acquire the rights to use them.

Rights and obligations of the customer:

1) define the technical assignment, the necessary work and provide the necessary information for this;

2) accept the results of the work performed and pay for them, as well as pay the cost of the works performed before the impossibility to obtain the results specified in the research contract, but not above the corresponding part of the price;

3) use the results of works (including those capable of legal protection) within and on the terms provided for by the contract;

4) to ensure the confidentiality of information relating to the subject of the contract, the course of its execution and the results obtained.