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Law No. 64 Of 24 April 2000

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

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LEGE no. 64 64 of 24 April 2000 on approval Government Ordinance no. 58/1997 for amendment Government Ordinance no. 25/1995 on the regulation of the organisation and financing of research and development, as approved and amended by Law no. 51/1996 ,, as amended
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 181 181 of 27 April 2000



The Romanian Parliament adopts this law + Article UNIC Approval Government Ordinance no. 58 58 of 28 August 1997 for amendment Government Ordinance no. 25/1995 on the regulation of the organisation and financing of research and development, as approved and amended by Law no. 51/1996 ,, as amended, issued pursuant to art. 1 lit. e) of Law no. 134/1997 for the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 225 of 30 August 1997, with the following amendments: 1. In Article I, point 1, Article 22 shall read as follows: "" Art. 22. -(1) For the purposes of this ordinance, by the results of scientific research and technological development activities obtained on the basis of a contract financed by public funds, hereinafter referred to as the results of the research, it is understood: a) documentation, studies, works, plans, schemes and the like; b) rights from patents of invention, licenses, certificates of registration of drawings and industrial models and of the like; c) technologies, processes, computer products, recipes, formulas, methods and the like; d) physical objects made in the framework of the respective contract. (2) It is also considered that the results of the research are also part of any purchase made in order to execute the provisions of that contract. (3) The enforceable legal person shall be considered a certain legal person who obtained any of the results of the research provided in par. ((1) and (2), directly and directly. (4) The results of the research belong to the enforceable legal entities, if the contract was not otherwise provided. ((5) The results of the research obtained by December 31, 1995 inclusive, as a result of the contracts that the National Agency for Science, Technology and Innovation has concluded as a beneficiary, shall be deemed to belong, as follows: a) the legal person who concluded a contract, as executor, in order to solve some research and development issues, with the ministry, with the specialized body of the central public administration or with the local public authority, which, at their turn, also had the status of executor in a global research and development contract previously concluded with the National Agency for Science, Technology and Innovation; b) to the Ministry, to another specialized body of the central public administration or to the local public authority, which, as executor, has concluded a global research and development contract with the National Agency for Science, Technology and Innovation without, after this contract, being concluded, as a beneficiary, a contract with a legal entity, which would have resolved those research and development issues as executor; c) the legal person, other than one of the ones specified in lett. b), which, in order to solve some research and development issues, has concluded, as executor, a contract with the National Agency for Science, Technology and Innovation; research and development in the field of defense, contracted under Program no. 11 11 of the Annex to Government Decision no. 27/1994 on the approval of the National Research and Development Program and which, in the absence of legal or contractual provisions to the contrary, shall be deemed to belong to the Ministry of National Defence, the Ministry of Interior or the Romanian Intelligence Service case, in accordance with the proposals of these bodies, approved by Government decision, within 60 days from the publication of the present ordinance in the Official Gazette of Romania; d) the Ministry of National Defence, the Ministry of Interior or the Romanian Intelligence Service, in the case of global R & D contracts concluded between one of them, on the one hand, as executor, and the National Agency for Science, Technology and Innovation, on the other hand, unless otherwise provided by contract, in which case the provisions of lit. a). (6) The results of the research belong to or, as the case may be, belong to the legal person who takes over, in whole or in part, the asset and the liability of the executor, defined in ((5), or of the executing legal person, if they have disbanded or reorganized themselves by division, merger or the like. (7) The provisions of par. ((4)-(6) shall apply in compliance with the provisions art. 5 5 and 48 of Law no. 64/1991 on patents of invention, of art. 5 5 of Law no. 129/1992 on the protection of industrial designs and models, respectively art. 7 7, 8, 44 and 74 of Law no. 8/1996 on copyright and related rights. (8) The results of the research shall be recorded in the accounts of the executing legal person to whom they belong or, in the cases provided in par. ((5) and (6), of which it is considered, according to this ordinance, that they belong to it, taking into account the other provisions of this Article. (9) The recording of the results of the research in the bookkeeping is distinct, at the symbolic value of 1 leu, by the executing legal entities that respond, according to the law, to taking the necessary measures for preservation, storage, storage, recovery, reuse or scrapping, as the case may be, of them. (10) All the results of the research are recorded in a special register of records constituted by each of the legal entities executed under this ordinance. (11) The National Agency for Science, Technology and Innovation will establish the special register model and the corresponding registration methodology, within 90 days from the date of entry into force of this ordinance. (12) If the results of the research are subject to an estrangement, rental or concession, the value shall be fixed at the price negotiated between the parties. (13) The price from which the above-mentioned negotiation begins is determined by the board of directors or by the body similar to the management powers of the legal person to whom, according to this ordinance, the obligation to register the results research in question. (14) It is exempted from the provisions of par. (11)-(13) and shall be registered in the patrimony and in the bookkeeping of the executing legal person, according to the legislation in force, the results of the research defined (2), if they were not embedded in the results of the research, as defined in par. ((1). (15) The registration in the bookkeeping of the results of the investigations, carried out until the date of entry into force of this ordinance, is and remains valid, according to the regulations in force at the time ((16) The transmission, by any title, to third persons of the results of the research obtained under contracts financed by public funds shall be made under the conditions established by the contract or, in the absence thereof, with the prior agreement, in writing, of Contracting Parties (17) The scientific communications and the like, transmitted by any means, subject to compliance with the legal provisions on intellectual property, shall not be subject to the previous paragraph. (18) The research results can be scrapped according to the legal regulations in force. (19) The provisions of this Article shall also apply accordingly to the results of the research obtained on the basis of the grant contracts concluded since 1996 and financed by public funds. " 2. In Article I, point 2 shall read as follows: "" Two. Article 26 (f) shall be repealed. '; 3. Article II shall read as follows: "" Art. II. -The National Agency for Science, Technology and Innovation establishes methodological norms and instructions in order to apply the provisions of this ordinance. " This law was adopted by the Senate at the meeting of March 13, 2000, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at its meeting on March 14, 2000, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, BOGDAN NICULESCU-DUVAZ --------