Decree of the Ministry of Foreign Trade No. 14 / 1961 Coll.
Decree of the Ministry of Foreign Trade on licensing and similar contracts concluded with foreign exchange foreigners for the use of inventions, patents and production or technological processes
Valid
Effective from 21.02.1961
14
DECLARATION
Ministry of Foreign Trade
of 27 January 1961
on licensing and similar contracts concluded with foreign exchange foreigners for the use of inventions, patents and production or technological processes
The Ministry of Foreign Trade shall, in agreement with the Ministry of Finance, the State Committee for the Development of Technology and the participating ministries pursuant to Sections 6 (3) and (6) and 7a (2) of Act No. 107 / 1953 Coll., on Foreign Exchange Economy, as amended by Act No. 64 / 1958 Coll. ("the Act '):
Conditions for authorisation to conclude licensing contracts and similar contracts
(1) Foreign exchange residents are required to obtain permission from the Ministry of Foreign Trade pursuant to § 6 (6) of the Act to conclude licensing and similar contracts for the use of inventions, patents and production or technological processes (hereinafter referred to as "licence contracts"), except in the cases referred to in § 2 of this Decree. The authorisation of the Ministry of Foreign Trade must also be obtained for the purpose of making changes to, and negotiating amendments to, the licensing agreements and the renewal or early termination of the agreements.
(2) Before granting the authorisation referred to in paragraph 1, a licence agreement or other legal action referred to in the preceding paragraph may not be concluded. Only for extremely serious reasons, in particular where there is a risk of delay, licensing contracts may be concluded or other legal acts referred to in paragraph 1 may be terminated, subject to the authorisation of the Ministry of Foreign Trade being issued retrospectively.
Relief from the obligation to require authorisation to conclude licensing contracts
(1) Without the permission of the Ministry of Foreign Trade, it is permissible to:
(a) to conclude licensing agreements with foreign exchange foreigners, if the Czechoslovak Party is a socialist organisation, the contract was negotiated by Polytechnic, the foreign trade undertaking for the mediation of technical cooperation (hereinafter referred to as "Polytechna") and does not exceed the amount of the salaries to be paid under this Treaty from abroad, the foreign exchange amount corresponding to KCs 500 000 in total;
(b) to conclude licence agreements with foreign exchange foreigners, if the Czechoslovak Party is a socialist organisation, the contract was negotiated by Polytechnic and does not exceed the amount of the salaries to be paid to or to any foreign exchange stranger under this Treaty, the foreign exchange amount corresponding to the Kčs 100 000 in total;
(c) to make changes, to negotiate additions and to renew or to carry out early termination of licensing contracts where they are subject to the provisions of points (a) and (b); This also applies to licensing agreements concluded before the entry into force of this decree.
(2) The concessions referred to in paragraph 1 shall also apply if the licensing agreement (amendments, amendments, renewal or early termination of the contract) in which the Czechoslovak Party to the Socialist Organisation is facilitated by a foreign trade undertaking other than Polytechnic, or if such contract has been negotiated directly by a foreign trade undertaking other than Polytechna; in such cases, however, the amounts applicable to the granting of relief from the obligation to request permission from the Ministry of Foreign Trade referred to in points (a) and (b) of paragraph 1 shall be halved.
(3) The Ministry of Foreign Trade may, in general or in certain cases, restrict or abolish the concessions provided for in paragraphs 1 and 2.
Foreign exchange conversion and method of payment
(1) For the conversion of foreign currency into Czechoslovak koruna for the determination of the applicable amounts pursuant to § 2 (1) and (2), the exchange rate for the relevant currency determined by the Czechoslovak Bank shall be that applicable on the date of conclusion of the contract.
(2) The method of payment of the claims and liabilities provided for in the licence agreement shall correspond to the payment agreements in force or, if the payment agreement has not been negotiated, to the normal method of payment, but always with the appropriate collateral for long-term claims and liabilities. In order to negotiate a payment method other than that corresponding to a payment agreement, as well as to negotiate non-normal payment conditions, the authorisation of the Ministry of Foreign Trade is required, even if the amount of the salaries to be paid under the licence contract does not reach the amounts referred to in § 2.
Reporting obligation for foreign exchange residents
(1) Foreign exchange residents are required to notify the Ministry of Foreign Trade by 31 January of each year and by 31 July of each year of payments made to them under licence agreements from foreign exchange residents during the previous calendar year and claims arising under these agreements until the end of the preceding half year. Amounts paid to foreign exchange residents via Polytechna shall not be notified.
(2) Production units supplying foreign trade undertakings with export goods produced under licence agreements are obliged to draw the attention of foreign trade undertakings to this fact. This also applies where parts used to complete products intended for export have been produced on the basis of a foreign licence.
Reporting of property legal disputes with foreign nationals under licence agreements and patent, stamp and model protection
(1) Foreign domestic nationals are required to report to the Ministry of Foreign Trade legal disputes with foreign parties arising from licensing agreements and patent, stamp and model protection cases. Disputes shall mean proceedings before both domestic and foreign courts, arbitrators or administrative bodies and other bodies, with the exception of patent, stamp and model protection proceedings in which the foreign exchange seal acts as an applicant, defendant or other party. The report shall also include a brief statement of the facts.
(2) The reporting obligation must be complied with before the dispute is initiated if the dispute is to be initiated at the initiative of the foreign exchange domestic or as soon as the foreign exchange suspect becomes aware that the foreign exchange foreign exchange alien has initiated a dispute against him.
(3) At the request of the Ministry of Foreign Trade, foreign exchange domestic residents are required to notify details of the disputes opened.
General and final provisions
In the preparation of licence agreements, in their negotiation and implementation, as well as in the negotiation of amendments or amendments to such agreements, in their renewal and in their early termination, foreign exchange domestic nationals shall be required to comply with the special regulations issued by the Minister of Foreign Trade in agreement with the Minister of Finance, the Chairman of the State Committee for the Development of Technology and other participating ministers.
This decree shall take effect from the date of its publication.
Minister:
Krajčir v. r.
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Regulation Information
| Citation | Decree of the Ministry of Foreign Trade No. 14 / 1961 Coll., on licensing and similar contracts concluded with foreign exchange foreigners for the use of inventions, patents and production or technological processes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.02.1961 |
|---|---|
| Effective from | 21.02.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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