YEKATERINBURG, October 27. Research and production Corporation “Uralvagonzavod” (UVZ, Nizhny Tagil) and a structural division of the Rospatent – FAPRID (Federal Agency for legal protection of results of intellectual activity of military, special and dual designation) through the courts arguing about the share of the state in intellectual property rights in export techniques, in particular, the T-90. About this informed the head of the Department of development and realization of scientific-technical policy Uralvagonzavod Sergey Ananiev.
In Arbitration court of Moscow is five mutual claims UVZ and FAPRID. Rospatent through the court requires UVZ $28 million and $10.5 million , “Uralvagonzavod” has filed counter-claims in connection with default by FAPRID obligations under the contract. On the claim for $10.5 million, the court rendered the decision on refusal in satisfaction of claim requirements FAPRID and satisfied the counterclaim of Uralvagonzavod. Fabric already appealed the decision.
Ananiev said that “before, and now all of the necessary adjustments of payment amounts took place with the approval of the state customer – the Ministry of defense of the Russian Federation”. “FAPRID entered into a license agreement in which a prescribed percentage of the contract amount given for the protection of intellectual property in the total amount exported abroad products. Over the past 20 years, since the performances of these facilities into service, they have undergone significant changes, the state’s share in the total volume of rights have changed, because modification of products produced by the plant, in some cases, the company actually invested their own money in their export form – said Ananev. – The amount of payment to the Russian budget and the state’s share in the total volume of rights it was impossible to determine, respectively, in licensing agreements, the cost of prescribed formula – maximum payment multiplied by the state share in the total volume of rights, that is, a ratio”.
According to him, the royalties for export products had to be defined in agreements between “Uralvagonzavod” and FAPRID in connection with the change in the share of the state, but the amount of payment in the contracts was never installed. Ananiev noted that UVZ independently conducted the assessment of the share rights with the involvement of a third party and agreed it with the government customer, but Farid denied adjustment of payment amounts.
UVZ is a Russian Corporation engaged in the development and production of military equipment, road construction machines, railway wagons. It comprises more than 40 industrial enterprises, research institutes, design offices. Parent enterprise “Uralvagonzavod” in Nizhny Tagil. 100% of the shares of the Corporation owned by the state.