Date of entry into
force:
January 1, 2010
(Abstract)
The present Law regulates legal, economic and organizational relations
connected with establishment and operation of scientific parks, and aims to
intensify the elaboration, realization and production of innovative
products on the domestic and foreign markets.
According to Article 1 of the present Law, a scientific park is a legal
entity created by initiative of a higher educational establishment and/or
scientific institution through pooling of the contributions of the founders to
organize, coordinate and control the development and execution of the
scientific park's projects.
A higher educational establishment of the IV accreditation level and/or
scientific institution and other legal entities that have concluded an founding
agreement can be founders of a scientific park.
A scientific park is created to develop the scientific, technical and
innovative activity in a higher educational establishment and/or scientific
institution, ensure efficient and rational use of the existing scientific
potential and the material and technical base for the commercialization of
research results and their implementation on the domestic and foreign markets
(Article 3 of the present Law).
Article 4 of the present Law envisages the functions of a scientific park.
A scientific park is created and operates on the basis of the association
agreement and statute.
According to Article 6 of the present Law, the following activities are not
allowed within the scope of operation of a scientific park:
·
trade and intermediary activity;
·
perform personal services;
·
production and
processing of excisable goods and other goods that do not correspond to the
purpose of the scientific park.
Article 7 of the present Law establishes the procedure for creation of a
scientific park. The decision to create a scientific park is made by the park's
founders with the consent of a specially authorized body of executive power in
the issues of research and innovation. If the founders of the scientific park
are state-owned or communally-owned subjects of economic activity operating on
the basis of right of commercial management or right of day-to-day management,
the decision to found a scientific park with participation of such founders is
made with the consent of the corresponding bodies that manage the state or
communal property assigned to such subjects of economic activity.
The founders of a scientific park retain the status of a legal entity and
remain subject to laws regulating the activities of legal entities.
According to Article 10 of the present Law, a scientific park has:
·
the supreme
management body of the scientific park (general meeting of the founders of the
scientific park), and
·
the executive
management body of the scientific park (formed by the general meeting of the
founder according to the procedure defined by the statute of the scientific
park).
Chapter ІІІ of the present Law defines the peculiarities of
development and implementation of scientific park projects.
Article 17 of the present Law states that the property rights for
technologies and objects of intellectual property right created in the course
of implementation of the scientific park projects are property of the
scientific park and/or its partners. However, the central body of executive
power, whose scope of authority includes the higher education establishment or
the scientific institution, can limit the property rights for use and
management of technologies and objects of intellectual property right created
with the use of state funds, if the technology and/or object of intellectual
property right:
·
is included in the
field of national security and defense of the state;
·
is defined as one
that must be used in the public interests;
·
was brought to the
stage of industrial production and sale of finished product using exclusively
state funds.
Applications of scientific parks to receive government orders to supply products, perform works and render services
for top-priority needs of the state are reviewed on a priority basis (Article
18 of the present Law).
The present Law states that scientific, laboratory and research equipment,
as well as supplies and materials not produced in Ukraine are exempt from
import duty if they are used for implementation of a scientific park project
(that requires state support), in the list and amounts defined for the
scientific park project. The import duty exemption is effective during the
scope of the scientific park project implementation, but does not exceed two
years from the day of approval of the list and amounts of the necessary
equipment, and one year – for components and materials.
The economic principles of operation of a scientific park are envisaged in
Chapter V of the present Law.
According to Article 23 of the present Law, termination of a scientific
park is carried out exclusively by decision of its founders or by decision of a
court. Reorganization of a scientific park is forbidden.
The final provisions of the present Law require introduction of
corresponding amendments to Laws of Ukraine "On Unified Customs
Tariff" and "On Lease of State and Communal Property".
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