(Unofficial translation)

 

Law of the Republic of Belarus

July 10, 2012 No 425-Z

[Amended as of May 11, 2016]

On State Innovation Policy and Innovation Activity in the Republic of Belarus

Adopted by the House of Representatives on May 31, 2012

Approved by the Council of the Republic on June 22, 2012

 

This Law is aimed at determining organizational and legal bases of the state innovation policy and innovation activity in the Republic of Belarus.

CHAPTER 1
GENERAL PROVISIONS

Article 1. Main terms used in this Law and their definitions

The following main terms and their definitions are used in this Law:

author (co-authors) of innovation – a natural person (persons) by the creative work of whom the innovation is produced on the basis of new development;

introduction into civil circulation of production, technology, service, organizational technical decision – performance of any transactions, the subject matter of which is the transfer to another person of property rights to production, technologies, organizational and technical solution, including property rights to the results of intellectual property used in the creation of these production, technology, organizational and technical solutions as well as rendering services;

venture organization – a commercial organization being an innovation infrastructure entity the subject matter of whose activity consists of financing the innovation activity;

venture project – innovation project financed by the venture organization;

state innovation policy – an integral part of the state socio-economic policy representing a set of organizational, economic and legal measures performed by the state, aimed at regulation of the innovation activity;

innovation activity – activity on transformation of new development into innovation;

innovation infrastructure – a set of innovation infrastructure entities carrying out material and technical, financial, organizational and methodical, information, counselling and other support to the innovation activity;

innovation-technological monitoring – comprehensive assessment of the level of technological development of an organization and its potential capabilities of carrying out the innovation activity;

innovation project – a set of works aimed at transforming a new development into innovation;

innovation – new or improved production, new or improved technology, new service, new organizational and technical solution of an industrial, administrative, commercial or other nature, introduced into civil circulation or used for their own needs;

scientific and technological park (hereinafter – technopark) – innovation infrastructure entity having the average number of employees up to 100 people, the purpose of which is to promote entrepreneurship in the scientific, technical, innovation spheres and to create conditions for performing innovation activity by legal persons and individual entrepreneurs who are technopark residents;

national innovation system – a set of state bodies and other state organizations regulating, within their competence, relations in the sphere of innovation activity, legal and natural persons, including individual entrepreneurs carrying out and (or) ensuring innovative activities;

new development – a result of intellectual activity (new knowledge, technical or other solution, experimental or prototypical sample etc.) having the features of novelty compared to existing analogues for a particular market segment, the practical applicability, able to bring positive economic or other useful effect at creating on its basis a new or improved product, a new or improved technology, a new service, new organizational and technical solution;

portfolio of venture projects – a whole set of venture projects, which differ in the degree of novelty of the information used, volume of the set of work and financing, being formed to reduce the risk of innovation activity;

technological development forecast – foresight of development trends and future state of engineering and technology in a certain sphere made by scientifically grounded methods based on the analysis and assessment of previous stages of development of engineering and technology and their modern state;

technopark resident – a legal person or individual entrepreneur / carrying out innovation activity using movable and immovable property provided by the technopark, including premises of different functionality, and services rendered (works performed) by the technopark, possessing the resident status on the basis of the decisions of the governing bodies of the technopark

risk of innovation activity – the probability of failure to achieve the objective of innovation activity, including the objective of an innovation project;

subject of innovation activity – a natural person, including an individual entrepreneur or a legal person, carrying out the innovation activity;

subject of innovation infrastructure – a legal person whose object of activity is the promotion of the performance of innovation activity and which is registered as a subject of innovation infrastructure in the order established by the legislation;

transfer of technologies – a set of measures aimed at the transfer of new developments from the sphere of their production (elaboration) in the sphere of practical use;

centre for transfer of technologies – a subject of innovation infrastructure, having the average number of employees up to 100 persons, the purpose of whose activity is to ensure technology transfer, or having a separate division with a number of employees at least seven persons, the purpose of whose activity is to ensure technology transfer.

Article 2. Scope of application of this Law

This law applies to relations connected with the performance of innovation activity with the exception of relations in the sphere of assessment of conformity with the requirements of technical normative legal acts in the sphere of technical regulation and standardization.

The legislation on scientific and technical activities is applied to relations connected with the conduct of research and development within the framework of performance of innovation activity in the part not regulated by this Law.

Relations connected with the performance of innovation activity in the spheres of defense, national security, public order, combating crime, military-technical cooperation and export control are regulated by this Law in that part in which its provisions do not contradict the legislative acts regulating these spheres.

Article 3. Legislation on state innovation policy and innovation activity

The legislation on state innovation policy and innovation activity is based on the Constitution of the Republic of Belarus and includes this Law and other acts of legislation.

If a treaty of the Republic of Belarus establishes other rules than those contained in this Law, the rules of the treaty are applied.

CHAPTER 2
STATE INNOVATION POLICY

Article 4. Purpose and main tasks of state innovation policy

The purpose of state innovation policy in the Republic of Belarus is the creation of favorable socio-economic, organizational and legal conditions for innovation development and increasing the competitiveness of the national economy.

The main tasks of state innovation policy are:

ensuring economic and social development of the Republic of Belarus through the effective use of intellectual resources of the society;

ensuring legal regulation stimulating innovation development of the national economy;

formation and the complex development of the national innovation system, ensuring its integration into the global innovation system with regard to national interests;

creation of favourable conditions for the carrying our innovation activity, including for the investments in this sphere;

stimulation of the author (co-authors) of innovation;

stimulation of the creation and development of legal persons carrying out innovation activity, stimulation of the activity of individual entrepreneurs in the innovation sphere;

promotion and development of the innovations market;

creation of favorable conditions for access of subjects of innovation activity to material, financial and intellectual resources necessary for carrying out the innovation activity;

promotion and development of the innovations infrastructure;

development of public-private partnership in the sphere of innovation activity;

forecasting technological development;

organization of training, retraining and advanced training in the sphere of innovation activity;

development of international cooperation in the sphere of innovation activity;

ensuring state interests (defense and national security) in the sphere of innovation activity.

Article 5. Main principles of state innovation policy

The state innovation policy is formed and implemented on the basis of the following main principles:

freedom of scientific and technical creativity;

protection of intellectual property;

focusing the innovation activity on achievement of the priorities of socio-economic development of the Republic of Belarus;

ensuring effective interaction of the components of the national innovation system;

optimal combination of forms and methods of state regulation using market mechanisms for the development of innovation activity;

stimulation of innovation activity;

economic efficiency and effectiveness of state support to subjects of innovation activity, subjects of innovation infrastructure;

allocation of budget means on a competitive basis to implement innovation projects.

Article 6. Formation of state innovation policy

The state innovation policy is formed by the President of the Republic of Belarus with the participation of the Council of Ministers of the Republic of Belarus, republican bodies of state administration, other state organizations subordinated to the Council of Ministers of the Republic of Belarus, the National Academy of Sciences of Belarus, bodies of local government and self-government of regional territorial level within their competence in accordance with this Law and other acts of legislation, and also with participation of representatives of the subjects of innovation activity, subjects of innovation infrastructure, public associations and other organizations.

Article 7. National innovation system

Components of the national innovation system are:

republican bodies of state administration, other state organizations subordinated to the Council of Ministers of the Republic of Belarus, the National Academy of Sciences of Belarus, bodies of local government and self-government of regional territorial level regulating within their competence relations in the sphere of innovation activity;

subjects of innovation activity;

subjects of innovation infrastructure;

education institution ensuring training, retraining and advanced training in the sphere of innovation activity;

other legal and natural persons, including individual entrepreneurs carrying out and/or ensuring innovation activity.

Operation and interaction of the components of the national innovation system are determined by the normative legal acts.

Formation and complex development of the national innovation system is carried out on the basis of the state program of innovation development of the Republic of Belarus.

Article 8. Public-private partnership in the sphere of innovation activity

Public-private partnership in the sphere of innovation activity is carried out on the basis of:

equal interaction between state and economic entities with non-state form of ownership, based on the interests of both parties;

free and open access of economic entities of all forms of ownership to the implementation of arrangements of the state innovation policy;

participation of economic entities with non-state form of ownership in joint scientific research and development programs when carrying out innovation activity with state scientific organizations and state institutions of education;

participation of economic entities with non-state form of ownership in the formation and implementation of innovation projects, innovation development programs;

sharing of risks of innovation activity, incomes and responsibility between the state and economic entities with non-state form of ownership at the joint implementation of innovation projects, innovation development programs;

possibility of transferring of property rights to the results of intellectual activity received from the republican and/or local budgets and necessary for the exercising of innovation activity to economic entities with non-state form of ownership in the order established by legislative acts.

CHAPTER 3
STATE REGULATION OF INNOVATION ACTIVITY

Article 9.  State regulation of innovation activity in the Republic of Belarus

State regulation of innovation activity is carried out by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, republican bodies of state administration, other state organizations subordinated to the Council of Ministers of the Republic of Belarus, the National Academy of Sciences of Belarus, bodies of local government and self-government of the regional territorial level within their competence in accordance with this Law and other acts of legislation.

Article 10. Forms of state regulation of innovation activity

State regulation of innovation activity in the Republic of Belarus is carried out in the form of:

adoption (publication) of normative legal acts in the sphere of innovation activity;

preparation and implementation of innovation development programs;

organization of forecasting of the technological development;

carrying out technical regulation and standardization;

in other forms provided for by the legislation.

Article 11. Competence of the President of the Republic of Belarus in the sphere of state regulation of innovation activity

The President of the Republic of Belarus in the sphere of state regulation of innovation activity:

determines main directions of the state innovation policy;

approves the state program of innovation development of the Republic of Belarus;

determines the authorized republican body of state administration in the sphere of state regulation of innovation activity;

carries out other powers in accordance with the Constitution of the Republic of Belarus, this Law and other legislative acts.

Article 12. Competence of the Council of Ministers of the Republic of Belarus in the sphere of state regulation of innovation activity

The Council of Ministers of the Republic of Belarus in the sphere of state regulation of innovation activity:

participates in the formation of state innovation policy;

ensures the implementation of state innovation policy;

ensures the development and implementation of the state program of innovation development of the Republic of Belarus;

carries out other powers in accordance with the Constitution of the Republic of Belarus, this Law, other laws and acts of the President of the Republic of Belarus.

Article 13. Competence of the authorized republican body of state administration in the sphere of state regulation of innovation activity;

The authorized republican body of state administration in the sphere of state regulation of innovation activity:

conducts the state innovation policy, carries out the regulation and management in the sphere of innovation activity;

coordinates the activities of republican bodies of state administration and other state organizations subordinated to the Council of Ministers of the Republic of Belarus, bodies of local government and self-government of the regional territorial level in the sphere of innovation activity;

forms the state program of innovation development of the Republic of Belarus and coordinates its implementation;

promotes the creation and development of the innovations infrastructure;

carries out scientific and methodological support to innovative and technological monitoring;

determines the procedure of assessment of the level of innovation development of economic activity and the level of innovation development of administrative-territorial units;

exercises other powers provided by this Law and other acts of legislation.

Article 14. Competence of republican bodies of state administration, other state organizations subordinated to the Council of Ministers of the Republic of Belarus, the National Academy of Sciences of  Belarus in the sphere of state regulation of innovation activity

Republican bodies of state administration, other state organizations subordinated to the Council of Ministers of the Republic of Belarus, the National Academy of Sciences of  Belarus in the sphere of state regulation of innovation activity:

develop proposals on  the directions of the state innovation policy and innovation activity;

ensure the formation and implementation of innovation development programs and innovation projects;

develop proposals on improvement of the mechanisms of legal, economic regulation and stimulation of innovation activity;

ensure creation and development of the innovations infrastructure;

exercise other powers provided by this Law and other acts of legislation.

Article 15. Competence of bodies of local government of the regional territorial level in the sphere of state regulation of innovation activity

Bodies of local government of the regional territorial level in the sphere of state regulation of innovation activity:

ensure the formation and implementation of regional innovation development programs and innovation projects;

exercise control over the implementation of regional programs of innovation development and innovation projects financed from respective local budget and the intended use of these funds;

ensure creation and development of the innovations infrastructure of the region;

exercise other powers provided by this Law and other acts of legislation.

Article 16. State program of innovation development of the Republic of Belarus

The state program of innovation development of the Republic of Belarus is formed for a five-year term and after the approval by the President of the Republic of Belarus is the main instrument ensuring the implementation of main directions of the state innovation policy.

Formation, financing of the state program of innovation development of the Republic of Belarus and the control over its implementation are carried out in accordance with the legislation.

Article 17. Formation of innovation policy on the types of economic activity

Innovation policy on the types of economic activity is formed by the republican bodies of state administration, other state organizations subordinated to the Council of Ministers of the Republic of Belarus for a period of up to five years and may be presented in the form of innovation development programs which are approved by these bodies and organizations.  Innovation policy on the types of economic activity may be formed as arrangements aimed at fulfilling the objectives of the state innovation policy in accordance with the decision of the Council of Ministers of the Republic of Belarus.

Article 18. Formation of regional state innovation policy

Regional innovation policy is formed by local councils of deputies of the regional territorial level for a  term  of up to five years and may take the form of a regional innovation development program which is approved by the local councils of deputies of the regional territorial level and implemented by respective bodies of local government.

CHAPTER 4
INNOVATION ACTIVITY

Article 19. The content of innovation activity

Innovation activity can include:

performance of the research work necessary to transform a new development into innovation;

development of new or improved production, new or improved technology, creation of new services, new organizational and technical solutions;

executing works on preparing and mastering the production of new or improved products, mastering new or improved technology, preparing the application of new organizational and technical solutions;

production of new or improved products, production of products on the basis of a new or improved technology;

introduction of new or improved products, new or improved technology, new services, new organizational and technical solutions into civil circulation or using them for one’s own needs;

other activities aimed at transforming a new development into innovation.

Article 20. Formation and implementation of innovation projects

Innovation projects may be carried out independently or be a part of innovation development programs, scientific programs, state, branch-wide, regional and interstate programs.

Competitive selection of innovation projects for financing them from the national and/or local budgets is based on the results of the state scientific and technical examination of innovation projects with regard to risk assessment of innovation activity at their implementation.

The order of formation and implementation of innovation projects financed at the expense of means of republican and/or local budgets is determined by the Council of Ministers of the Republic of Belarus.

Article 21. Innovation goods

The list of innovation goods is formed for certain types of state support by the authorized republican body of state administration in the sphere of state regulation of innovation activity, which is approved by the Council of Ministers of the Republic of Belarus.

The list of innovation products includes goods provided that they are created using results of intellectual activity eligible for legal protection, have higher technical and economic indicators in comparison with other goods in a particular market segment, and are competitive.

Goods having in comparison with other analogous goods minor changes in appearance which do not improve their consumer properties, as well as minor technical changes that do not affect the parameters and consumer properties of goods are not to be included in the mentioned list.

The order of formation of the list of innovation goods is determined by the Council of Ministers upon assent of the President of the Republic of Belarus.

Article 22. Risk of innovation activity and its assessment

When performing innovation activity with regard to the risk of innovation activity related to the uncertainty of market and technological prospects of the application of new developments, the following principles are used:

allocation of risk of innovation activity among subjects of innovation activity, investors, subjects of innovation infrastructure, state and other participants of innovation activity;

diversification (simultaneous distribution of monetary means among various innovation projects not related to each other), carried out for the purposes of reducing the risk of innovation activity;

freedom of subjects of innovation activity in the selection of methodology for assessing the risk of innovation activity;

possibility of using the insurance at implementation of innovation projects.

The risk assessment of innovation activity is carried out for the purposes of taking measures to minimize it, and adopting a motivated decision on the expediency of financing the innovation project.

When the risk of innovation is being assessed, loss of profit is not taken into account.

The authorized republican body of state administration in the sphere of state regulation of innovation activities together with the National Academy of Sciences of Belarus develops recommendations for the risk assessment of innovation activity.

The subject of innovation activity is entitled to develop independently and use the methodology for assessing the risk of innovation activity having regard to peculiarities of technical or economic nature of works performed at the implementation of an innovation project.

A legal person and/or a natural person financing an innovation project determine independently the person (persons) exercising the risk assessment of innovation activity at the implementation of this project.

When financing an innovation project at the expense of means of the republican and/or local budgets, risk assessment of innovation activity at its implementation is carried out by the performer of the innovation project and is submitted together with the project to the authorized republican body of state administration in the sphere of state regulation of innovation activity for state scientific and technical examination of innovation projects.

Article 23. Innovation and technology monitoring

To assess the level of technological development of the organization and its potential capacities to perform innovation activity, the innovation and technology monitoring may be carried out.

Innovation and technological monitoring is carried out by commissions that are created by the republican bodies of state administration, other state organizations subordinated to the Council of Ministers of the Republic of Belarus, the National Academy of Sciences of Belarus, bodies of local government of the regional territorial level.  An agreement on holding the innovation and technology monitoring is concluded by the interested organization with the republican body of state administration, other state organization subordinated to the Council of Ministers of the Republic of Belarus, the National Academy of Sciences of Belarus, body of local government of the regional territorial level, having created the Commission on holding the innovation and technology monitoring in the respective sphere of activity.

According to the results of the innovation and technology monitoring, a conclusion is issued about the level of technological development of the organization and its potential capacities to perform innovation activity, including proposals on measures aimed at further improvement of the functioning of the organization and increasing the competitiveness of its goods (works, services).

The procedure of holding the innovation and technology monitoring and creation of commissions is determined by the Council of Ministers.

 

Article 24. State scientific and technical examination of innovation projects

 

State scientific and technical examination of innovation projects is an analysis and evaluation of those projects with the preparation of conclusions on the expediency of their implementation and financing at the expense of means of the republican and (or) local budgets.

Scientific organizations, higher education institutions, public associations of scientists, as well as individual scientists and specialist, including those from abroad, may be engaged, on a contractual basis, for holding state scientific and technical examination of innovation projects.

State scientific and technical examination of innovation projects is carried out within the framework of functioning of the single system of state scientific examination and state scientific and technical examination. The order of functioning of the single system of state scientific examination and state scientific and technical examination, including the order of organizing and conducting those examinations, shall be determined by the Council of Ministers of the Republic of Belarus.

CHAPTER 5
INNOVATION INFRASTRUCTURE

Article 25. Subjects of innovation infrastructure

The subjects of innovation infrastructure include:

technoparks;

centres for technology transfer;

venture organizations;

other persons, in the cases provided by legislative acts.

A subject of innovation infrastructure created in other form than those specified in indents two-four of part one of this article has the right to state support if that right is provided by legislative acts.

The registration (extension of the registration  validity period) of legal persons as subjects of innovation infrastructure and depriving them of that status is carried out by the decision of the authorized republican body of state administration in the sphere of state regulation of innovation activity.  The procedure of registration (extension of the registration validity period) of legal persons as subjects of innovation infrastructure and depriving them of this status is determined by the President of the Republic of Belarus.

Peculiarities of activity of the subjects of innovation infrastructure are regulated by this Law and other acts of legislation.

Article 26. Technopark

The main direction of activity of the technopark is rendering support to residents of the technopark, including via:

assisting in the creation of productions on manufacturing new or improved products, development of new or improved technology for their realization on the market;

assisting in carrying out foreign economic activity for the purposes of promoting innovations on the foreign market;

provision, on a contractual basis in accordance with the legislation, of movable and immovable property, including premises of various functional purpose;

rendering services on the preparation of business plans of innovation projects;

organizing and conducting marketing research;

assistance in attracting investments, searching investors and/or business partners;

informational promotion of new developments and /or products, technologies, services, organizational and technical solutions created on the basis of new developments, through the organization of participation of subjects of innovation activity in holding exhibitions, trade fairs, conferences and other events, production of advertising and information products.

In order to implement the main direction of activity, the technopark may render services to residents of the technopark (perform works), including:

services on patenting intellectual property objects abroad;

services on conducting patent research;

services on organizing and conducting the evaluation of intellectual property objects included in intangible assets;

services on management of innovation projects;

engineering and consulting and design services (engineering services);

works related to manufacturing and testing of a prototype, and other research-and-development works;

services on certification and registration of products, required for the manufacturing of products based on new development in accordance with the legislation;

other services (works) related to the scientific, scientific and technical and innovation activity of the technopark.

Technopark may assist in creation of small businesses on its base in the sphere of innovation activity and carry out logistical, financial, organizational and methodical, informational, counselling and other support to their activities.

Relations of the technopark with technopark residents are formed on the basis of agreements concluded between them on the performance of innovation activity.

A period during which the subject of innovation activity may have the status of technopark  resident is limited by the period provided by the constituent documents of the technopark.

The organizational structure of a technopark is determined independently by the latter in accordance with the legislation.

Article 27. Centre for technology transfer

The main direction of activity of centre for technology transfer is to carry out technology transfer, including:

conducting market research to identify the possibilities of introducing new developments into civil circulation, as well as products, technologies, services, organizational and technical solutions, created on their basis;

rendering services (performing works) in order to ensure the legal protection of new developments;

rendering engineering and consulting and design services (engineering services);

rendering services on preparation of business plans of innovation projects;

assistance in attracting investments, searching investors and/or business partners;

rendering services on management of innovation projects;

rendering services on informational promotion of new developments and /or products, technologies, services, organizational and technical solutions created on the basis of new developments, through the organization of participation of subjects of innovation activity in holding exhibitions, trade fairs, conferences and other events, production of advertising and information products.

If the status of centre for technology transfer is granted to a legal person having a separate division, the purpose of which is to ensure technology transfer, that legal person enjoys benefits and advantages provided to it as a centre for technology transfer in the part of activities of the respective separate division.

Article 28. Venture organization

The main directions of activity of venture organizations are:

financing of venture projects;

transfer of the equipment necessary for the performance of innovation activity, under a lease agreement, to subjects of innovation activity;

creation of legal persons carrying out innovation activities;

acquisition of property rights to intellectual property objects, results of research and development and technological works, subsequent transfer of these rights to subjects of innovation activity being the performers of venture projects, on a free of charge basis or for compensation;

rendering managerial, consulting and other services to the subjects of innovation activity being the performers of venture projects.

A venture organization may transfer its property, including monetary means, in trust management in accordance with the legislation.

CHAPTER 6
FINANCING OF INNOVATION ACTIVITY

Article 29. Sources of financing of innovation activity

The financing of innovation activity may be carried out at the expense of means of republican and/or local budgets, external state loans, credits, own means of legal persons and individual entrepreneurs, as well as at the expense of other sources in accordance with the legislation.

Article 30. State financing and using means for innovation activity

With a view to realize the state innovation policy, budgetary means for financing innovation activity shall be provided in the republican budget for republican bodies of state administration and other state organizations subordinated to the Government of the Republic of Belarus, other state bodies and other state organizations subordinated to the President of the Republic of Belarus.

The means provided in the republican budget for financing of innovation activity are used for:

implementation of arrangements of the state program of innovation development of the Republic of Belarus;

realization of innovation projects;

organization of activity and development of material and technical basis of subjects of innovation infrastructure, including the capital expenditures, in accordance with the legislation;

conducting scientific and practical events (conferences, seminars, symposiums, exhibitions, fairs and other events);

other purposes connected with the performance of innovation activity, in accordance with legislative acts.

Article 31. Financing of innovation projects at the expense of means of republican and/or local budgets

Financing of innovation projects at the expense of means of the republican and/or local budgets is carried out on a competitive repayable or non-repayable basis according to the results of their state scientific and technical examination with regard to the risk assessment of innovation activity at their implementation.

CHAPTER 7
FINANCING OF VENTURE PROJECTS

Article 32. Financing of venture projects

Financing of venture projects is carried out via:

acquiring of shares (stakes in statutory funds) of subjects of innovation activity created in the form of economic companies;

granting of special-purpose loans to subjects of innovation activity to realize venture projects;

other methods provided by the legislation.

Monetary funds may be granted to a subject of innovation activity by a venture organization without deposit, suretyship, guarantee or other way of securing the execution of obligations.

The share of financing of one venture project may not exceed 50 percent of the balance value of assets of the venture organization, determined on the basis of data of the financial accounting for the last reporting period, unless a smaller amount of the share of financing is not established in its constituent documents.

Article 33. Selection of venture projects

Selection of venture projects for financing is carried out by the venture organization on the results of their examination with regard to the risk assessment of the innovation activity.

Trustee, venture organization or other organization or individual entrepreneur, under a contract therewith, are entitled to carry out the examination of venture projects with the assessment of the risk of innovation activity related to the realization of venture projects.

For the purposes of reducing the risk of innovation activity, the portfolio of venture projects is formed out of projects having positive results of examination by the venture organization or its trustee.

The assessment of risk of innovation activity related to the financing of venture projects is performed for the portfolio of venture projects as a whole with regard to the risks of each included project.

CHAPTER 8
STIMULATION OF INNOVATION ACTIVITY

Article 34. Purpose and main principles of stimulation of innovation activity

The purpose of stimulation of innovation activity is accelerated development of subjects of innovation activity and subjects of innovation infrastructure, creation of favorable conditions for the formation and functioning of the market of innovations.

The state carries out the stimulation of innovation activity via the realization of the respective fiscal, tax, monetary, customs and other policies.

Stimulation of innovation activity is carried out on the following principles:

equality of subjects of innovation activity and innovation infrastructure regardless of their form of ownership;

transparency in holding of the state scientific and technical examination of innovation projects and taking decisions on stimulation of subjects of innovation activity, subjects of innovation infrastructure;

competitive selection of innovation projects financed from republican and/or local budgets;

targeted and effective use of the republican and (or) local budgets allocated for the performance of innovation activity.

Article 35. Forms of stimulation of innovation activity;

Stimulation of innovation activity may be carried out in the form of:

financing of innovation projects at the expense of means of republican and/or local budgets;

reservation of a share of financing in the total amount of financing of innovation projects for small and medium-sized enterprises being the performers (co-performers) of innovation projects, financed at the expense of means of the republican and/or local budgets;

financing the expenses for organization of activities and development of the material-technical base of subjects of innovation infrastructure, including capital expenditures;

granting the right to use state property, the right to use intellectual property objects for carrying out innovation activity;

transferring of property rights to the results of intellectual activity received at the expense of means of the republican and/or local budgets and necessary for the carrying out innovation activity to subjects of innovation activity;

public procurement of goods (works, services) in the sphere of innovation activity;

providing tax privileges to subjects of innovation activity manufacturing and selling innovation goods and to subjects of innovation infrastructure;

establishment and payment of remuneration to the author (co-authors) of innovation;

customs regulation of export of production and technologies, created on the basis of new developments, as well as imports of raw materials, equipment, components necessary for their production (creation);

compensation of expenses on patenting objects of intellectual property abroad to subjects of innovation activity;

assistance in training, retraining and advanced training in the sphere of innovation activity;

financing the participation of the subjects of innovation activity and subjects of innovation infrastructure in international exhibitions, fairs, conferences, seminars and other similar events;

in other forms provided for by the legislation.

Subjects of innovation activity may be granted preferential credits for the implementation of innovation projects, as well as for performance of other types of innovation activity, in the order determined by the legislation.

Measures stimulating activities, established by the legislation, maybe applied to the subject of innovation activity for the payoff period of financial expenses incurred while obtaining innovation, in relation to:

export of production and technologies created on the basis of new developments;

imported raw materials, equipment, components, necessary for manufacturing products based on new developments, creation of new technological equipment (production line), provided that those raw materials, equipment, components are not manufactured in the Republic of Belarus or manufactured, but do not meet the technical requirements of production.

Procedure and terms of stimulation of innovation activity, including in the forms mentioned in part one of this Article shall be determined by legislation.

Article 36. Stimulation of development of subjects of small and medium entrepreneurship in the sphere of innovation activity

For subjects of small and medium entrepreneurship in the sphere of innovation activity, being the performers (co-performers) of innovation projects financed at the expense of means allocated in the established order from the republican and/or local budgets,  reservation of means in the amount of not less than 10 percent of the total financing for innovation projects shall be provided when these projects are formed.

Article 37. Stimulation of the author (co-authors) of an innovation, author (co-authors) of an intellectual property object created in the process of carrying out innovation activity

A legal person, individual entrepreneur is obliged,  when producing and realizing new products, producing and realizing products based on a new technology, as well as when rendering new services, if these products, technologies, services are new for a particular market segment, to pay compensation to the author (co-authors) of  the innovation on the basis of a contract in the amount of not less than 10 percent of annual profits received by them from realization of these products, rendering of these services and remaining at their disposal after payment of taxes and duties (dues), other compulsory payments within five years since the beginning of the realization of products,  rendering services.

A legal person, individual entrepreneur is obliged,  when producing and realizing improved products, producing and realizing products based on a new technology, as well as when using new organizational and technical solution of an industrial, administrative, commercial or other nature, to pay compensation to the author (co-authors) of the innovations on the basis of a contract depending on the economic importance of product improvement, technology, use of organizational and technical solutions of industrial, administrative, commercial or other character.

A legal person, individual entrepreneur, being the holder of exclusive rights to intellectual property objects created in the process of carrying out the innovation activity (with the exception of the means of individualization of participants of civil circulation, goods, works or services)  shall direct not less than 40 percent of means received under license agreements remaining at the disposal of these persons after payment of taxes and duties (dues), other compulsory payments for the payment of remuneration to the author (co-authors) of such objects of intellectual property.

A legal person using innovations, when it is not expected to get profit (income) from its use, but another socially significant result is achieved, is obliged to pay to the author (authors) of this innovation on the basis of the contract one-time remuneration the minimum size of which is determined by the legislation.

The procedure and conditions of stimulation of the author (co-authors) of an innovation, the author (co-authors) of an intellectual property object created in the process of carrying out the innovation activity are determined by the Council of Ministers of the Republic of Belarus.

CHAPTER 9
FINAL PROVISIONS

Article 38. Measures on implementation of provisions of this Law

The Council of Ministers of the Republic of Belarus shall, within a six-month period:

bring the decisions of Government of the Republic of Belarus in accordance with this Law;

ensure the bringing by the republican bodies of state administration, subordinated to the Government of the Republic of Belarus, of their normative legal acts in compliance with this Law;

take other measures on implementation of provisions of this Law.

Article 39. Entry into force of this Law

This Law enters into force in six months after its official publication with the exception of this Article and Article 38 which enter into force from the day of official publication of this Law.

 

President of the Republic of Belarus

A. Lukashenko

 

* unofficial translation *