In Belarus, the procedure for the commercialization of the results of scientific and scientific-technical activities created at the expense of public funds is being improved. This is provided by the Decree of the Head of State No. 240 dated June 18, 2018. These changes are aimed at:
– solving the problem of implementing promising scientific, technical and innovative developments with a high degree of risk using budget funds (the Decree defines significant objective circumstances (force majeure, the adoption of legislative acts prohibiting the manufacture and sale of certain goods, etc.), the presence of which will release conscientious performers from liability in case of failure to fulfill the assigned tasks for objective reasons. Such an approach will allow, in conditions of tough global competition, to avoid the refusal of performers to carry out work with increased risks in a number of areas important for the country);
– elimination of gaps in the current regulatory legal acts in terms of referring to the results of scientific and technical documentation not only objects of intellectual property, but also documented scientific and technical information that is not an object of intellectual property. This change will allow the official transfer and use of guidelines, technical conditions and regulations, technological instructions, etc., which are of significant value from the point of view of commercialization;
– clarification of the list of NTD results, which are not subject to mandatory commercialization. This norm will allow to fully take into account the specifics of individual results of scientific and technical documentation (focus exclusively on the social effect, use only for their own needs). At the same time, these results of NTD are subject to effective use in the manner prescribed by law;
– specification of the obligations of the state customer and legal entities (individual entrepreneurs) who used public funds and are responsible for the commercialization of the results of NTD, to return ineffectively used budget funds in the event of failure to commercialize the results of NTD.
It also provides for the possibility of setting a time frame for ensuring the commercialization of the results of scientific and technical documentation, depending on the industry specifics (conducting long-term clinical and field trials, state registration of drugs, etc.) and specific objective circumstances.