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04
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ABSTRACT
Extra attention is being paid to the protection of intellectual property rights as a result of the fundamental reforms
carried out in our country in recent years.
KEYWORDS
Commercialization of intellectual property rights, organization of research activity, contractual and legal basis of
research activity.
INTRODUCTION
The Resolution of the President of the Republic of
Uzbekistan “On additional measures to improve the
efficacy of commercialization of the products of
scientific and scientific-technical activity” (dated July
14, 2019) has been of great importance in assuring the
rapid implementation of local scientific-practical and
innovative projects and developments, increasing
science's contribution to the country's economic
competitiveness, as well as developing effective
mechanisms to promote potential local scientific and
technological achievements.
Research Article
ANALYSIS AND COMPARISON OF THE PECULIARITIES OF
ENHANCING THE LEGAL FRAMEWORK FOR THE ORGANIZATION OF
RESEARCH WORK
Submission Date:
February 08, 2022,
Accepted Date:
February 17, 2022,
Published Date:
February 28, 2022
|
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue02-08
K.O. SINDAROV
Doctor of Legal Sciences, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
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SJIF
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IF
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7.659
Publisher:
The USA Journals
A number of actions and duties to be implemented to
commercialize the products of scientific and scientific-
technical activities have been specified, according to
the Resolution, in particular, in order to boost the
competitiveness of the economy in the republic even
more, priorities such as focusing on the rapid
development of products and technologies with a high
degree of commercialization have been identified, as
well as accelerated and widespread implementation of
the results of scientific and scientific-technical
activities, research that meets modern requirements
for the country’s sustainable development.
As you may be aware, research means theoretical and
experimental work which is carried out over time in
order to determine the technical feasibility of a new
technique. Research work is separated into two
categories: fundamental (the acquisition of new
knowledge) and practical (application of new
knowledge to solve specific problems)
1
.
The fundamental stipulation of the contract for
research work is an identifiable object. However, the
degree of precision varies depending on the type of
activity: - research is more abstract in nature; -
experimental design and technological work are more
precise (focused on certain technical solutions, the
creation of specific models of products used in the
economy)
2
.
The creation of fresh outcomes is one of the key
purposes of implementing a research contract. New
scientific studies, new technology, and so on are
examples of them. The contract, like in other fields of
1
Pisenko K.A. Protection of objects of exclusive rights by
public law means of antimonopoly legislation and legislation
on intellectual property as a mechanism for stimulating
innovative activity // Russian Justice, 2010, No. 1, p.83.
economic activity, is the most common kind of contact
between participants in innovative activities.
However, the Civil Code of the Republic of Uzbekistan
(Article 631) defines the contractual and legal basis of
research work as a contract.
In today’s legislation, there is no concept of an
innovation contract. The innovation contract has
sparked a lot of debate in the scientific literature. Not
all lawyers, however, agree that such a concept exists.
For instance, according to M.V. Volykina, within the
framework of Russian economic legislation and, first of
all, in the Civil Code of the Russian Federation,
“innovation relations can be called very conditional
and general, so there are no innovation contracts”. T.V.
Efimtseva, on the other hand, combines contracts that
represent innovative activity based on two factors: 1)
the unique legal characteristics of the object in which
the legal relationship is evolving; and 2) special needs
to the process of object creation, distribution, and
use
3
. The concept of “innovation contracts” is, in fact,
conditional, it includes contracts concluded in the
process of implementation, regulation and promotion
of innovations.
The first type of innovation contract is one that
scientists
typically
enter
into
for
research,
development, or technological labor. Because
technological innovation is one of the trademarks of
innovation, such contracts are primarily seen as
innovative.
As M.V.Volynkina highlights, whatever the definition of
the concept of “innovation” in the literature, its main
and leading feature remains associated with the
2
Koval D.V. Intellectual property: constitutional and legal
aspect // Constitutional and municipal law, 2013, No. 8, p. 28.
3
Efimtseva T.V. Innovative activity as an object of legal
regulation. M., 2008. p. 171–172.
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Publisher:
The USA Journals
creation and implementation of new knowledge,
regardless of the scope of its implementation
4
.
The second type of innovation contracts can usually be
considered contracts that transfer certain rights to the
results of intellectual activity.
Innovative contracts of this type applies only to the
results of intellectual activity such as agreements
aimed at granting exclusive rights in the form of
inventions, utility models, industrial designs, selection
achievements, topologies of integrated circuits,
databases, know-how, computer programs.
The third group of innovation contracts includes:
Contracts for the creation of scientific and
technical products;
Contracts for the delivery of innovative products,
as specified in scientific literature, for the provision
of engineering services in a specific area, which will
be introduced for use in the manufacturing
process;
Contracts for the provision of marketing services
related to the release of innovations on the
market.
The concept of innovative contracts is not provided for
in the current civil legislation of the Republic of
Uzbekistan, such contracts are a new type of
construction of the legal framework of research.
The Civil Code of Russian Federation establishes a
distinct contract as the legal basis for research,
development, and technology.
Similarly, the contractual-legal basis of research,
development and technology works is not defined as a
4
Volynkina M.V. Russian innovation legislation: problems
and prospects // Legislation. 2005. No. 10.
contract in the Civil Code of the Republic of Belarus and
Ukraine.
Research work is supplied for the performance of
scientific research defined in the assignment given by
the contractor (executor) client under the contract,
according to Article 693 of the Civil Code. Under the
terms of an experimental design and technological
work contract, the contractor will create a sample of a
new product, necessary design documentation, new
technology development, or a copy of the sample. In
this situation, the customer agrees to provide the
contractor (executor) a technical assignment, accept
the work, and pay for it.
The contractor shall comply with the criteria connected
to the legal protection of intellectual property under
the contract of research work, experimental design,
and technological work, according to Article 698 of the
Civil Code of the Republic of Uzbekistan.
Intellectual activity, which is a sort of intellectual
property, is the result of the performance of works
that have an intangible object as a result of the special
nature of the contract’s subject.
The Ministry of Innovative Development of the
Republic of Uzbekistan (hereinafter referred to as the
Ministry) is responsible for the comprehensive
development of public and state life in the field of
innovation
and
scientific
and
technological
development in the Republic of Uzbekistan. As a public
administration div, the Ministry is responsible for
implementing a unified state policy aimed at increasing
the country's intellectual and technological potential.
It holds a competition for practical projects and new
advancements, as well as topical research, all of which
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Volume 04 Issue 02-2022
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VOLUME
04
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SJIF
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(2020:
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(2021:
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)
OCLC
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are carried out under state scientific and technical
programs.
Following the Ministry’s announcement of the relevant
competition, companies intending to participate must
submit documentation for participation in the
competition.
State scientific and technical programs are developed
based on proposals from state and economic
authorities, large industrial enterprises, and local
governments, taking into account science and
technology priorities, the country’s innovative
development, practical and thematic research, as well
as problems of innovation selection.
Research projects are funded from the state budget.
Applications for consideration of scientific and
scientific-technical programs and projects, as well as
the conditions of competitive selection of scientific,
scientific-technical programs and projects, are subject
to preliminary and basic examination in accordance
with the applicable documents for consideration of
scientific and scientific-technical programs and
projects.
The Scientific and Technical Councils formed by the
Ministry will review the competition’s findings. The
outcomes of the competition are authorized by a
Council of Ministers decision. Within ten days, the
competition's results will be posted on the Ministry’s
website.
The text of the contract will be given to the winning
party for signing and execution through the
information analysis system within 15 days of the
competition results being confirmed, in accordance
with the relevant instructions.
The research shall begin in the stipulated manner, as
per the agreement signed and formalized between the
Ministry and the competition winner.
According to the findings, there are numerous issues
with the conclusion, execution, and revision of these
agreements. First, the question of the contract's
subjects must be clarified. In practice, the contract
involves three parties: the customer, the Ministry of
Innovative Development, the project manager, and the
executor, the relevant research institution. The other
party, in our opinion, should be the project team, and
the contract should be signed on behalf of the team by
the project team leader.
Clause 3.1 of the contract did not fully cover the
obligations of the customer. This paragraph, in our
opinion, should include the customer’s obligation to
accept the results of the work conducted and pay for it
within the contract time, as well as the customer’s
obligation to give the executor with the required
information to perform the service. Similarly, clause 3.2
of the contract should be amended with the executor’s
responsibility to guarantee that the money allocated
under the contract are used for wages and other
expenses in a timely way.
As a result, the project team of authors receives a
timely salary and acceptable working conditions,
ensuring the project’s prompt and high-quality
completion.
Furthermore, clause 3.2.13 of the contract requires the
executor to direct the budget money allotted under
the project in the prescribed method and quantity to
develop the executing organization’s scientific
laboratory base. This provision permits the
misappropriation of public funds provided to the
project. After all, the project team of authors includes
“Executor” organization personnel as well as
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international experts. The director of the “Executor”
organization will be able to use the project funding to
improve the institution’s material and technical base.
As a result, the project authors’ material interest is lost,
and the project is jeopardized.
Clause 7.5 of the contract stipulates that the
equipment purchased for the implementation of the
project under the contract will be left on the balance of
the “Executor” after the completion of the work.
In turn, this rule was introduced contrary to the rights
of project participants’ rights and interests. This is
because initiatives funded by state scientific and
technological programs are paid for with state funds,
and the equipment and gadgets needed for the project
is purchased with these funds.
Therefore, the equipment and devices received under
the project should be distributed among the project
authors or reimbursed if they are left in kind to the
“Executor”.
Furthermore, the project agreement provides for the
negotiation of any problems that arise during the
implementation of the agreement. If no mutual
agreement can be achieved, the matter will be
resolved in the applicable court in the plaintiff’s
jurisdiction.
However, if it is determined that this provision of the
contract is not fulfilled by the “Executor” in
accordance with the terms of reference and the
schedule agreed with the “Customer” in the section on
the order of submission and acceptance of works, if
the intermediate stage documents and reports are not
formalized at the level of established requirements and
if not submitted timely, in such cases, funding is
suspended and the contract is terminated by the
decision of the “Customer” (contrary to the rule).
This clause in the contract gives the “Customer”
complete control over the contract's termination. This,
in turn, runs counter to the interests of the other
contracting party, as well as the requirements of
Article 382 of the Civil Code of the Republic of
Uzbekistan.
At the same time, the contract does not explicitly
specify the parties’ responsibilities, removing the
potential of pursuing the guilty party in the event of
contract non-performance or improper performance.
Therefore, Section 5 of the contract should include the
following clause: “In accordance with the laws of the
Republic of Uzbekistan, the customer, executor, and
project team will be held accountable for non-
performance
or
improper
performance
of
responsibilities under this contract”.
In addition, the inclusion of a provision in this section
providing for accountability (penalty) for the
executor’s late fulfillment of obligations and the
customer’s late payment of the contract is critical in
ensuring the obligations are met.
Based on the foregoing, the following conclusions
were drawn in order to strengthen the legal
framework of research:
First,
in order to establish new constructions on the
legal basis of research work organization, the kind and
concept of an innovative contract should be reflected
in the Civil Code of the Republic of Uzbekistan.
It is proposed that the primary goal of this form of
contract be the creation of new products and the
export of manufactured products to world markets.
Second,
according to the Civil Code of the Republic of
Uzbekistan, contracts for research, development and
technology are defined as contracts.
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In fact, intellectual property intellectual property
activities, which are a sort of intellectual property
subject matter, result in such contracts.
Therefore, it is proposed that contracts for research,
development, and technology be separated from
contract work and defined as a distinct type of contract
in the Civil Code of the Republic of Uzbekistan (based
on the experience of the Russian Federation, Belarus
and Ukraine).
Third,
taking into account the fact that the
development of research in our country, required a
modern approach to its development, establishment
of research organizations (centers) engaged in
research in all state and government bodies,
responsible for the creation of new technologies
(using the experience of the United States and other
advanced foreign countries).
Fourth,
development and adoption of the relevant
draft law (based on the experience of the legislation of
the Russian Federation and the Republic of
Kazakhstan) is necessary in order to clearly define the
science and research policy of the state, to create an
effective mechanism for the commercialization of the
results of scientific and technological activities, as well
as to commercialize the results of scientific and (or)
scientific and technical activities in this area, which
includes the contractual and legal basis of research
work.
Fifth,
it is proposed to exempt from all types of taxes
levied on contracts for the implementation of practical
and innovative, research and development work
(based on the experience of Article 149 of the Tax Code
of the Russian Federation) in order to improve the
effectiveness of commercialization of the results of
scientific and scientific-technical activities, as well as to
further
strengthen
the
work
incentives
of
organizations engaged in such activities.
Sixth,
it is necessary to improve the legal framework
for contracts concluded in the context of state
scientific and technical programs, define the role,
status, rights and obligations of the parties in them,
increase the interest of participants in the final result
of the work performed, strengthen the responsibility
of the parties for non-performance or improper
performance of the contract, as well as to improve the
basis for concluding, executing and amending the
contract.
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Volume 04 Issue 02-2022
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(ISSN
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VOLUME
04
I
SSUE
02
Pages:
45-51
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
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