Law No. 64 Of 24 April 2000

Original Language Title:  LEGE nr. 64 din 24 aprilie 2000

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Law No. 64 of 24 April 2000 approving Ordinance No. 58/1997 on the amendment of the Government Ordinance. 25/1995 on the regulation of the organisation and funding of research and development activity, as it has been approved and amended by law No. 51/1996, as amended PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 181 of 27 April 2000, the Romanian Parliament adopts this law.


The sole article approving Ordinance No. 58 of 28 august 1997 on the amendment of the Government Ordinance. 25/1995 on the regulation of the organisation and funding of research and development activity, as it has been approved and amended by law No. 51/1996, as amended, issued pursuant to art. and (b). e) of law No. 134/97 for empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 225 august 30, 1997, with the following modifications: 1. In article I, section 1, article 22 shall read as follows: Art. 22. — (1) for the purposes of this Ordinance, by the performance of scientific research and technological development obtained under a contract financed from the carrying out of public funds, hereinafter referred to as research results, means: a) documentation, studies, papers, plans, schemes and the like;
  

b) rights of patents, licences, certificates of registration of industrial designs and of the others well;
  

c) technologies, processes, products, recipes, formulas, methods, and the like;
  

d) physical objects made in the contract in question.
  

(2) it is also considered that the results obtained from research and any purchase made to enforce the provisions of the contract in question.
  

(3) the legal person executanta is considered a particular legal entity has obtained any of the results of the research referred to in paragraph 1. (1) and (2) directly and directly.
  

(4) research results belong to legal persons, if the currently executing contract could not be otherwise.
  

(5) research results obtained until 31 December 1995, as a result of contracts for which National Agency for Science, technology and innovation has as a beneficiary, are considered to belong, as follows: (a) a legal person who) concluded a contract, as a performer in order to solve some themes of research and development, with the Ministry, with the specialized body of the central public administration or with local public authority that, in turn, had the status of executing in the context of a global contract research and development concluded previously with the National Agency for Science, technology and innovation;
  

b) Ministry, other specialized body of the central public administration or local government authority, which, as a performer has concluded a global research and development with the National Agency for Science, technology and innovation without this contract, subsequently to be concluded, as a beneficiary, a contract with a legal entity, which would be followed to resolve these issues of research and development as a performer;
  

c) legal person, other than one of those listed in (b). (b)), which, in order to solve some themes of research and development, he concluded, as a performer, a contract with the National Agency for Science, technology and innovation; except the results of researches carried out under research and development themes in the field of defence, contracted on the basis of Programme No. 11 of the annex to the judgment of the Government. 27/1994 on the approval of the national programme for research and development and that, in the absence of legal or contractual provisions to the contrary, shall be treated as belonging to the Ministry of national defense, the Ministry of the Interior or the service of information, as appropriate, in accordance with the proposals of these bodies, approved by decision of the Government, within 60 days of the publication of this Ordinance in the Official Gazette of Romania;
  

d) Ministry of national defence, Ministry of the Interior or the service of information, in the case of global research and development concluded between one of these, on the one hand, as executing Agency, and the national team for the science, technology and innovation, on the other hand, except where otherwise provided in the contract, in which case the provisions of subparagraph (a) shall apply. a). (6) research results belong to or, as applicable, are considered to belong to the legal entity that takes over all or part of, the asset and liability side of the main contractor, as defined in the meaning of paragraph 1. (5) of the legal person, or the currently executing, where they were disbanded or reorganised through amalgamation, Division or similar.
  

(7) the provisions of paragraphs 1 and 2. (4) to (6) shall apply in compliance with the provisions of art. 5 and 48 of the law nr. 64/1991 on patents of invention, of art. 5 of law No. 129/1992 on the protection of industrial designs and of art. 7, 8, 44 and 74 of law No. 8/1996 on copyright and related rights.
  

(8) research results are recorded in the accounts of the legal person currently executing which they belong or, in the cases referred to in paragraph 1. (5) and (6), which is considered a crime, under this Ordinance, that is, taking into account the other provisions of this article.
  

(9) the registration of the results of research in accounting is done, the symbolic value of 1 leu, by legal entities currently executing responsible under the law for taking the measures necessary for the conservation, storage, preservation, recovery, reuse or forms where appropriate.
  

(10) All findings shall be recorded in a special register of evidence constituted by each of the currently executing legal persons pursuant to this Ordinance.
  

(11) the National Agency for Science, technology and innovation will determine the pattern of special register and appropriate methodology for registration within 90 days from the date of entry into force of this Ordinance.
  

(12) where research results are subject to transfer, rent or lessee, the value is set at the price negotiated between the parties.
  

(13) the price at which to start negotiating the above mentioned shall be established by the Board of directors or similar governing body involved in the management of the legal person responsible according to this Ordinance, the registration of the results of the investigations in the case.
  

(14) Are exempt from the provisions of paragraph 1. (11) to (13) and recorded heritage and in the accounts of the legal person currently executing, according to legislation in force, the results of the investigations referred to in paragraph 1. (2) if they were not embedded in the research results, as defined in paragraph 2. (1). (15) entry in the accounts of the results of research carried out by the date of entry into force of this Ordinance, is and remains valid, in accordance with the regulations in force at the time of her.
  

(16) the transmission, on any basis, the third person of the results obtained within the framework of research contracts financed from public funds shall be made under the conditions laid down in the agreement or, failing that, with the prior consent in writing of the Contracting Parties.
  

(17) not covered by the preceding paragraph and other scientific communications, transmitted by any means, under observance of the legal provisions on intellectual property.
  

(18) the results of the research can be scrapped in accordance with the legal regulations in force.
  

(19) the provisions of this article shall apply accordingly if the research results obtained on the basis of contracts entered into by grant since 1996 and financed out of public funds. "
  

2. In article I, section 2 shall read as follows: "2. the provisions of article 26 letter f) is repealed."
3. Article II shall read as follows: Art. II.-National Agency for Science, technology and innovation sets out detailed rules and instructions for the application of the provisions of this Ordinance. "
This law was adopted by the Senate at its meeting on 13 March 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T this law was adopted by the Chamber of deputies at its meeting of 14 March 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. PRESIDENT CHAMBER of DEPUTIES, BOGDAN NICULESCU-DUVAZ — — — — — — — —