Draft Decree on issues of activities of innovation infrastructure entities discussed at SCST at meeting of Public Advisory Council
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The draft Decree of the Head of State "On Amendments to Some Decrees of the President of the Republic of Belarus on the Creation and Operation of Innovation Entities Infrastructure" was discussed at the meeting of the Public Advisory (Expert) Council on the Development of Entrepreneurship in field of Science, Technology and Innovation under the State Committee on Science and Technology today. The document was prepared in the framework of fulfilling the assignments of A. Lukashenko, given at the meeting and while addressing to the Belarusian people and the National Assembly of the Republic of Belarus. The assignments concern the problematic issues of the development of the area of science.
The draft Decree is aimed at improving the conditions for the creation and operation of innovation infrastructure entities (technology parks and technology transfer centers) and the development of the innovative business in general. There are the most significant amendments to the legislation of the Republic of Belarus. The Draft Decree also provides:
the implementation of the mechanism for reinvesting tax deductions of residents of technological parks to the development of these technological parks and their residents by creating trust funds for an innovative development for each technological park;
the exemption of technological parks and their residents from VAT and import customs duties for the import of technological equipment, components and spare parts for it with the purpose of stimulating them to implement innovative projects within the State Program for Innovative Development of the Republic of Belarus;
the provision of the ability to implement a flexible rental policy taking into account the degree of development of residents for technological parks;
the provision of the possibility to innovative infrastructure entities to apply the simplified taxation system, without taking into account the restrictions established by subparagraph 5.7 of paragraph 5 of Article 286 of the Tax Code, while observing the criteria specified in paragraph 1 of this article regardless of their subordination, an organizational and legal form and a form of ownership.
The issues of complex adjustment of the Decree of the Head of State no. 59 "On Commercialization of Scientific and Scientific-Technical Activities Created at the Expense of Public Funds" and the Draft Decree of the President of the Republic of Belarus "On Amending the Edicts of the President of the Republic of Belarus" was also considered at the meeting. In particular, the document provides for significant changes:
the results of scientific and technical activities (hereinafter referred to as "STAs") will include not only intellectual property objects, but also a documented scientific and technical information that is not an object of intellectual property;
the list of significant objective circumstances that exempt from liability in case of failure to ensure the commercialization of the results of STAs is determined.
At the same time, this list is determined not at the level of the Council of Ministers of the Republic of Belarus, but at the level of the President of the Republic of Belarus for the complexity of regulation;
the list of the results of STA that are not subject to a compulsory commercialization (the orientation only to the social effect; the use for own needs) is expanding. At the same time, these STA results are subject to the use in accordance with the procedure established by law;
the persons, from whom the state funds are subject to the collection of state means at the expense of which the results of the STA are created, are specified, in case of failure to ensure the mandatory commercialization of these results;
a clear responsibility of both the state customer and the executor (the lead executing organization) who failed to commercialize the STA results in the established procedure in accordance with the terms of the contracts (assignments for budgetary organizations) for the implementation of research and development works (hereinafter referred to as R&D) is determined;
the wordings on the collection of budgetary funds in case of non-implementation of mandatory commercialization of STA results are clarified;
the issues related to the commercialization of the results of STA created within the scientific and technical programs and innovative projects, taking into account their specifics and certain risks, are proposed to be solved within the relevant resolutions of the Council of Ministers of the Republic of Belarus;
for the complexity of regulation, there are provisions that determine the procedure for disposition of the rights to the STA results created before the entry into force of the Decree.
In addition, the amendments are made to the Regulation on the Procedure for the Formation and the Use of Innovation Funds, where the source of the formation of innovation funds is determined: the funds received by the government customer from the paid transfer of property rights to the STA results created entirely or partially at the expense of innovation funds and transferred to the income of the mentioned funds.
After the adoption of the Draft Decree, an amendment to Regulation no. 961 is envisaged. It is expected to fix the norms concerning:
the strengthening of the requirements for project feasibility studies concerning the holding of compulsory marketing and patent researches to provide a complete novelty and competitiveness of the proposed innovations;
the possibilities of the implementation within the search activities without deterioration of the implementation of scientific and technical programs in general;
the establishment of the criteria for the primary financing of priority tasks aimed at the creation of mainly export-oriented products and new productions;
the establishment of a compulsory procedure for concluding tripartite agreements between the state customer, implementing organizations and manufacturing organizations;
the exclusive allocation of budgetary funds to implementing organizations responsible for the commercialization of the results of STA;
the determination of the procedure for the return of budget funds spent on performing work for uncompleted assignments;
the granting to state customers the right to purchase created products in accordance with the procurement procedure from a single source in case the technical parameters and the price of products meet the requirements specification.