The Amendments To The Law On Scientific Activities

Original Language Title: Grozījumi Zinātniskās darbības likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/61.9


The Saeima has adopted and the President promulgated the following laws: the law on scientific activities do scientific activities Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2005, nr. 10; 2007, 15. no; 2009, 2., no. 14; Latvian journal, 2010, 47, 68, 74, 205. No.) the amendments are as follows: 1. Article 1: to supplement the article with 2.1 as follows: "21) to invention or plant variety in the economic (commercialization) — the right to the invention or plant variety or disposal against consideration;" make paragraph 6 by the following: "6) Science Service staff, persons carrying out scientific activities necessary for palīgfunkcij (planning, economic, financial, scientific and technical information Department staff, specialty and scientific technical library employees, patent service specialists, archivists URu.tml.);" to supplement the article with the second part as follows: "(2) the terms used in the law comply with the plant variety protection act and Patent Act of used terms and their explanation."; believe the current text of article about the first part. 2. in article 8: replace the second paragraph, the words "every six years — with the words" paid "every six years can be granted a paid"; to make the fourth part of the second sentence as follows: "the economic rights to Scientific inventions created State-funded scientific activities, governed by this law, 24.4 24.5 24.3, 24.6 and 24.5 24.4,, article." 3. Turn off the third part of article 13, paragraph 5, the word "this". 4. Add to article 21 to a fifth by the following: "(5) established a University Institute, you can create a derived public person. Established the University created the Scientific Institute — derived public person — the University. " 5. Turn off 21.2 in the first paragraph, second sentence. 6. To supplement the law with 21.5 and 21.6 article as follows: "article 21.5. National University Scientific Institute established – derived public person (1) a decision on the national scientific Institute established University-derived public people — or the Elimination of the adopted Treaty established the University Senate. The Senate approved the decision taken by the Cabinet of Ministers. The Senate of the University established in decision sets it established the University of movable and immovable property which a candidate for a scientific Institute — derived public people-owned or in use. Established scientific Institute of the University — derived public people-by-laws adopted by the scientific authority of the Institute, and the University established after the State Senate approved a recommendation to Cabinet. (2) State Scientific Institute established University-derived public person — is the scientific authority Institute's Scientific Council.
(3) established a scientific Institute of the University — derived public people — the Scientific Council according to its specific competence can create, reorganize and liquidate the institutions and to establish, reorganize and liquidate a corporation, to decide on the membership of associations, enterprises and corporations. (4) established the University Scientific Institute — a public person, the child is not entitled to build another Institute. (5) the decision of the Cabinet of Ministers, by which it approved the decision of the Senate of the University established the University Scientific Institute — derived public people — founding or elimination, not an administrative act.
Article 8.5. The Scientific Institute — derived public people, Manta (1) Scientific Institute-derived public people-property in Latvia and abroad in accordance with the existing laws of: 1) funds, other movable and real property, which scientific Institute or essentially donated, inherited or acquired by it on own resources; 2) on State budget resources purchased property. Real estate in the land as recordable a scientific Institute of the property; 3) Scientific Institute of intellectual property; 4) real property that it transferred free of charge to other public person or the derived State. (2) Scientific Institute — derived public person-has the right to deal with the actions specified in the strategy objectives, subject to the laws and regulations in force and the Statute of the Institute. (3) the first subparagraph of this article 4, paragraph property and its further use down the Public person's seizure law. (4) Scientific Institute-derived public people, property is managed separate from the possession of the State. (5) public property can put Scientific Institute — derived public people-owned or in use with the Cabinet's decision. " 7. Replace article 24, paragraph 2, of the twelfth part "and then in the possession or use of" with the words "and then owned or in use". 8. in article 28: make the second paragraph as follows: "(2) the register of scientific institutions registered scientific institutions (public agencies, public derived individual, National University departments, private-law legal person or body) if it meets all the following criteria: 1) Scientific Institute in academic positions are elected at least five individuals with doctoral degrees; 2) Scientific Institute for the appropriate scope of the science sector, at least 10 percent of the Institute's scientific staff have doctoral degree; 3) Scientific Institute, owned or in use is a scientific Institute in the area of activity according to the facilities; 4) Scientific Institute scientists published scientific articles or patents on inventions, or developing technology. " Add to article 5.1 part as follows: "(51) If a Research Institute is a high school Department, scientific institutions are recorded either in the registry or the Department of universities, research institutes. The decision on the scientific institutions to be registered in the register of scientific institutions adopt the University. "; to make the seventh part of paragraph 4 by the following: "4) international ranking." 9. Make the first paragraph of article 37.1, introductory part and paragraph 1 by the following: "(1) State Scientific Institute, State universities, State University institutes of research, including the National University Scientific Institute established – derived public person-the scientific employee remuneration, determined by: 1) the scientific employees who occupy academic positions, — in accordance with the laws and regulations on the base funding arrangements, as well as from National Research Institute, National University or the National University Scientific Institute for the implementation of the contracts obtained financial resources its about providing a scientific institute appropriate internal wage arrangements; ".
10. Express 38, 39 and 39.1 article as follows: "article 38. Base funding scientific activities (1) scientific institutions founder of base funding. Base funding national research institutes, State universities, State University institutes of research, including the National University Scientific Institute established – derived public persons, registered in the register of scientific institutions in the Cabinet. (2) scientific institutions base funding consists of: 1) scientific institution maintenance (maintenance of structures and equipment, utilities pay, administrative, technical and operating staff pay); 2), founder of certain scientific research scientific personnel involved in remuneration; 3 scientific institutions) registered National Institute, the National University and the national Graduate Institute for development activities in the strategy objectives, including invention patenting, maintenance in force, the registration of new varieties of plants and their uses, as well as the protection of the rights of economic exploitation (commercialization).
39. article. Scientific institutions accounting records and accounts

(1) the scientific authority shall perform accounting, open accounts and deal with those laws. (2) a Research Institute — derived public person — the State school, which, has derived public person status, and established the University Scientific Institute — a public person, derived the Treasury open a checking account in which the Ministry concerned according to national budgetary appropriation for clearing the reference amount in accordance with article 38 of this law, as well as the relevant expenses from this account. (3) economic operators ' financial resources assigned to a specific order for the implementation of the project and the other own revenue Science Institute-derived public person — the State school, which, has derived public person status, and established the University Scientific Institute — a public person, the child may receive a credit account. The corresponding payment of expenditure is made from this account. (4) Scientific Institute at the end of the year — derived public people, State universities, that has derived public person status, and established a scientific Institute of the University — derived public people — the remaining funds in the account of the scientific activities of the institution proceeds, up to the time of year the amount of funds actually received, remain authority and spent the next year. (5) the tender for the national and international scientific research project and program funding Research Institute — derived public person — the State school, which, has derived public person status, and established the University Scientific Institute — a public person, the child receives a Treasury settlement account, as well as the relevant expenses from this account.
Article 24.3. National scientific institutions the economic rights to the invention or plant variety (1) State scientific institution (State University, including the University-derived public person, State Department, National University founded University Scientific Institute-derived public person, State Scientific Institute, including the Scientific Institute — derived public person, State public agency, public company) owns the economic rights to the invention or plant variety, where they created a State-funded research results According to its Statute, the actions in the order. (2) the economic rights to the invention or plant variety, which created the national scientific institutions and other institutions or cooperation between scientists, national scientific institution belonging to the extent that they are proportionate to the contribution of the institution to be determined by the contract. " 11. To supplement the law with 39.2 39.3 39.4 39.5 and,, article 24.6, as follows: "article 24.4. State scientific institution of the economic rights of the inventor of the invention or plant variety (1) If a State-funded study of invention or plant variety created by one or more national scientific institutions employees whose job responsibilities include izgudrotājdarbīb, research, design, construction or preparation of technological developments, the property rights to that invention or plant variety belongs to the scientific authority, with which the employee or employees concerned are employment relationships. If the State scientific institution in another person's study and financed within the invention or plant variety created by one or more national scientific institutions, then the property rights to that invention or plant variety from the Treaty, according to which the study undertaken.
(2) the inventor's or plant breeder of the variety, which is not the national scientific institutions, the economic rights to the invention or plant variety shall be determined by agreement between the inventor or plant variety breeder and national scientific institutions in which research is undertaken.
Article 39.3. Decisions on the right to a new invention or plant variety registration (1) the Government institution shall inform in writing the employees of national scientific institutions on a new invention or creation of new varieties of plants. (2) a scientific authority of the State, after considering the relevant invention or plant variety economic exploitation (commercialization) potential, within three months after the first paragraph of this article informed decision on whether to submit the patent application or the application for the grant of the breeder of the plant variety on behalf of national scientific institutions, as well as notify the inventor or the breeder of your intention to use this economic rights. If the scientific authority of the State within three months does not notify the employee of their intention to use these economic rights, the right to the invention or the breeder of the plant variety right over the employee or the breeder. Notification procedure is governed by the internal regulations of the institution. (3) the order in which the employee shall inform the national scientific institutions on a new invention or plant variety, the criteria for a scientific authority of the State evaluate the patentability of the invention or the need to submit an application for a breeder's right is granted, and where the invention or the economic exploitation of the plant variety (commercialization) potential, State scientific institutions in the preparation of the patent application procedure, as well as the criteria for a scientific authority of the State to assess a patent registered for future maintenance need determines the Government institution Charter.
Article 24.5. The right to the invention or plant variety protection (1) if the scientific authority of the State in accordance with its operating regulations in order not decided to waive the right to the invention or plant variety and not the rights offered to inventors or a breeder, it provides this protection, applying for and maintaining a valid patent on invention or of the plant variety right. (2) public institutions of authority in accordance with the rules of operation shall have the right to decide on the rights of the patent or a plant variety in the future, in the light of the expected benefits of the registered patent or plant variety of economic exploitation (commercialization). (3) State scientific institution is obliged to provide the invention or plant variety of the nature of the non-disclosure to third parties, before the patent application or the application for a breeder's right is granted. (4) a scientific authority of the State shall be entitled to disclose to third parties the essence of the invention before the date of publication of the patent application or of the plant variety, the breeder before the published award, unless the contract with research funders of the project or contract with the authors invention or new plant variety breeder is not otherwise provided for.
Article 24.5. The right to the invention or plant variety in the economic (commercialization) State scientific institution is obliged to take the necessary steps, including allowing potential customers to purchase a patent, breeder of the plant variety right or the license, to ensure that the right to an invention or plant variety are economically used (commercial) State as the most cost-effective way.
Article 24.6. The right to remuneration from the right to the invention or plant variety economic exploitation (commercialization) result in income

Inventor or the breeder is entitled to equitable remuneration from the right to the invention or plant variety economic exploitation (commercialization) result in income the State scientific institution Charter. " 12. transitional provisions be supplemented with 17, 18 and 19 of the following paragraph: "17. to the register of scientific institutions ensure the Institute registration compliance with article 28 of this law, the requirements of paragraph 5.1, up to 2013 15 April University scientific institutions submitted application for the register of scientific institutions — universities, scientific institutes, universities or departments, scientific institutions, exclusion from the register. If the University up to 2013 15 April submitted the following application, then with 15 may 2013 Research Institute — the school Department, is suspended from the register of scientific institutions. 18. the scientific institution, established scientific institutions and the first six year period since 19 May 2005 has not received its international rating, maturity, this law, article 4 of the seventh part of the message as defined in paragraph for submission to the register of scientific institutions is extended to 31 December 2013. 19. the decision on the State of the Scientific Institute of the University founded by transformation of established University Institute — a derivative public person, approved by the Cabinet of Ministers established the University on the recommendation of the Senate. Transform scientific Institute — derived public people — the rules approved this law, the first paragraph of article 21.5. " The Parliament adopted the law of 14 March 2013. The President a. Smith in 2013 on March 27.