Act No 328 / 2025 Coll.

Law on Research, Development, Innovation and Knowledge Transfer

Valid Law Effective from 01.01.2027
328
THE LAW
of 23 July 2025
on research, development, innovation and knowledge transfer
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS
§ 1
Subject matter
This law regulates following directly applicable European Union1)
(a) the rights and obligations of persons and organisational bodies of a State engaged in scientific activities consisting in research, development, innovation and knowledge transfer, supported by public funds;
(b) protection of scientific integrity, good scientific practice and protection of the ethics of research;
(c) State budget expenditure on research, development, innovation and knowledge transfer and conditions for granting aid for research, development, innovation and knowledge transfer;
(d) providing information on research, development, innovation and knowledge transfer;
(e) the competence of public authorities in the field of research, development, innovation and knowledge transfer.
§ 2
Definition of terms
(1) For the purposes of this Act:
(a) basic research basic research according to the directly applicable European Union block exemption regulation (2);
(b) applied research on industrial research under the directly applicable European Union block exemption regulation (3), experimental development under the directly applicable European Union block exemption regulation (4) or their combinations;
(c) innovation activities leading to a new or improved product, service or process which differ substantially from previous products, services or processes;
(d) by transferring knowledge, the process of obtaining, collecting and sharing knowledge, including skills in economic and non-economic activities;
(e) the research organisation of the research and dissemination organisation in accordance with the directly applicable European Union block exemption regulations (5).
(2) For the purposes of this Act:
(a) supporting the promotion of research, development, innovation and knowledge transfer from the State budget expenditure on research, development, innovation and knowledge transfer;
(b) institutional support to promote the long-term development of research organisations;
(c) aid to address projects to achieve the objectives of basic research, applied research, innovation, knowledge transfer, operational programmes or parts thereof providing research, development, innovation and knowledge transfer, international cooperation and innovation system projects;
(d) system support to promote international cooperation, shared activities, large research infrastructures, test and experimental infrastructures, factual or monetary valuation of extraordinary results or promotion or popularisation of research, development, innovation and knowledge transfer, reimbursement of costs associated with the activities of individual providers and central administrations in the field of research, development, innovation and transfer of knowledge, and the Research, Development, Innovation and Transfer Board;
(e) partner of the person, organisational body of the State or organisational unit of the State;
1. whose participation is defined in the project proposal; and
2. with which the beneficiary has concluded a contract to participate in the project;
(f) a set of material, time and financial conditions for the purpose of supporting projects needed to achieve the objectives of research, development, innovation and knowledge transfer or to popularise research, development, innovation and knowledge transfer;
(g) a project of activities to fulfil an indivisible task with clearly identified objectives, including their expected costs and results;
(h) large research infrastructure research infrastructure according to the directly applicable European Union block exemption regulation (6) approved by the Government;
(i) testing and experimental infrastructure testing and experimental infrastructure pursuant to a directly applicable European Union block exemption regulation (7) approved by the Government;
(j) a system innovation project carried out by a central administration or a legal person for which the central administrative authority functions as a founder or founder as part of a government-approved programme;
(k) shared support activities approved by the Government to organise or secure research, development, innovation and knowledge transfer;
(l) the result of new knowledge of the fundamental principles of phenomena, processes or observable facts, new knowledge and skills for the development of products, processes or services which are published according to the practice in the field of science or which, as a result of creative activities, may be protected under the laws governing the protection of the results of an author, inventive or similar activity, or used by other users or public authorities in decision making and in the development of policies and strategies, or the design of new or substantially improved products, processes or services or substantially improved products, processes or services put into practice;
(m) eligible costs such costs or expenses as may be incurred by the beneficiary for or in connection with research, development, innovation and knowledge transfer activities;
(n) recognised costs such eligible costs or expenditure in research, development, innovation and knowledge transfer approved by the provider.
(3) For the purposes of this Act:
(a) the international cooperation of the Czech Republic in the research, development, innovation and transfer of knowledge between the authority of the Czech Republic and the authority of another State or of a separate jurisdiction which is not a State, an international organisation or a foreign person on the basis of which the State budget support is provided;
(b) an open science approach based on cooperation and dissemination of knowledge, improving accessibility and re-usability and verifiability of research results involving:
1. open access to scientific publications;
2. management of research data, including open access to such data, based on the principle of traceability, accessibility, multilateral and re-use and compliance with the principle of such open access to results as possible;
3. the retention and reuse of scientific information;
4. multilateral dialogue between stakeholders on the principles of open science at national, European and international level;
5. the use of an open code within the scope of the research and large research infrastructures; or
6. open access to large research infrastructures or testing and experimental infrastructures;
(c) by a researcher, a natural person engaged in or managing research, development, innovation and knowledge transfer;
(d) a researcher at an early stage of his career who has duly completed a university study programme or a doctoral study programme less than 8 years ago; This period shall be extended by the period of maternity leave, parental leave or the period of care of a loved one, provided that the worker has not carried out any research activity more than 20 hours per week at the time of maternity leave, parental leave or close care,
(e) a researcher from a third State who is not a citizen of a Member State of the European Union or of a Contracting State of the Agreement on the European Economic Area is a graduate of the doctoral study programme or has a higher education which allows access to the doctoral study programme and has been selected by the research organisation to participate in the research and innovation development for which the qualification is required.

ČÁST DRUHÁ

RESEARCH, DEVELOPMENT, INNOVATION AND TRANSFER SYSTEM

HLAVA I

Design documents for research, development, innovation and knowledge transfer
§ 3
National Research, Development, Innovation and Knowledge Transfer Policy
(1) National research, development, innovation and knowledge transfer policy (hereinafter referred to as "national policy") is a strategic paper on research, development, innovation and knowledge transfer.
(2) National policy shall include at least:
(a) the essential objectives and their justification;
(b) measures to achieve the basic objectives;
(c) indicators for the achievement of the basic objectives;
(d) the assumption of the development of expenditure on research, development, innovation and transfer of knowledge from the state budget, European Union funds and other sources to meet national policy objectives.
(3) The Government approves national policy.
§ 4
Conception of the provider
(1) The provider is obliged to process the concept of research, development, innovation and transfer of knowledge of the provider (hereinafter referred to as "the concept of the provider"). In the case of a central administrative office whose programme is implemented by the Technology Agency of the Czech Republic, the concept of the provider is required to process the central administrative office.
(2) The concept of the provider includes for a period of at least 5 years:
(a) the objectives of the aid within the scope of the provider;
(b) the substantive focus of the aid;
(c) estimated costs,
(d) measures to implement the provider's concept;
(e) indicators for ongoing monitoring and evaluation of the achievement of the objectives of support and impact assessment.
(3) The concept of the provider shall be processed in accordance with national policy and taking into account:
(a) promoting the development of partnerships in research, development, innovation and knowledge transfer between public administrations, entrepreneurs and non-profit organisations;
(b) promoting knowledge transfer;
(c) developing human potential and equal opportunities and prohibiting discrimination;
(d) the ethics of research, scientific integrity and good scientific practice;
(e) protection of state security interests and institutional resilience;
(f) simplifying administration and reducing administrative burdens; and
(g) the principles of open science.
(4) The concept of the provider shall be approved by the Government after consultation by the Research, Development, Innovation and Knowledge Transfer Board. The provider shall publish the concept of the provider on its website.
(5) The provider shall not process the concept of the provider if the requirements of the provider's concept referred to in paragraphs 2 and 3 are set out in another draft document of the provider approved by the Government after consultation by the Council for Research, Development, Innovation and Knowledge Transfer and if the provider publishes this document on its website and indicates that the latter is considered to be the concept of the provider.
§ 5
Long-term research organisation development concept
(1) The long-term development concept of a research organisation (hereinafter referred to as "research organisation concept") is required to be developed by a research organisation receiving institutional support or requesting institutional support.
(2) The concept of research organisations covers a period of 5 years
(a) the mission of the research organisation and its basic development objectives;
1. research, development, innovation and knowledge transfer;
2. in the field of cooperation with public authorities, entrepreneurs and non-profit organisations;
(b) estimated costs,
(c) measures to develop human potential, in particular to ensure equal treatment, to develop the career of researchers, early career researchers and researchers following career breaks, to reconcile personal and professional life, to promote mobility and return policies of researchers and to integrate them into research teams after career breaks;
(d) measures to respect the ethics of research, scientific integrity and good scientific practice;
(e) measures to implement the concept of a research organisation;
(f) measures to implement open science;
(g) indicators for monitoring the development objectives of the research organisation.
(3) The concept of a research organisation must be elaborated in accordance with the national policy and the concept of an institutional support provider.
(4) The concept of a research organisation shall be approved by the institutional support provider. The research organisation shall publish the concept of a research organisation on its website. A research organisation shall not publish on its website the concept of a research organisation if it would infringe the provisions of Paragraph 7 (1).
(5) The research organisation shall not process the concept of a research organisation where its elements referred to in paragraphs 2 and 3 are listed in another research organisation's design document approved by the institutional support provider and indicating that that document is considered to be a research organisation's concept. If another conceptual document of the research organisation is the strategic intention of the educational and creative activities of the university, its approval by the provider is not required.

HLAVA II

Principles of research, development, innovation and knowledge transfer activities
§ 6
Ethics of research, scientific integrity and good scientific practice
(1) In carrying out research, development, innovation and knowledge transfer activities, the beneficiary and the partner shall respect research ethics and the principles of scientific integrity and good scientific practice. In its field of competence, the provider shall promote respect for research ethics and principles of scientific integrity and good scientific practice.
(2) The beneficiaries of institutional support and the beneficiaries of systemic support shall be obliged to establish and maintain an internal system for the protection of the ethics of research, scientific integrity and good scientific practice, ensuring that the activities of the beneficiary do not involve:
(a) falsification, modification or plagiarism of research or results data, unjustified addition or non-acceptance of copyright or originality to result at any stage of the research, development or innovation process from intent to publication of results;
(b) the concealment of results or the selective treatment of results; and
(c) destruction of research data or materials with the aim of preventing errors in the conduct of research, development, innovation and knowledge transfer.
(3) Within the framework of the internal system for the protection of the ethics of research, scientific integrity and good scientific practice, the recipient of institutional support and the recipient of systemic support shall be obliged to set up one or more ethical committees and lay down rules for its conduct, including rules on the handling of biased issues, or to ensure that the activities of the Ethics Committee are carried out through the Ethics Committee of another beneficiary.
(4) The beneficiary shall provide an assessment by the Ethics Committee of human research or biological material of human origin, projects involving the work of experimental animals or the work of genetically modified organisms.
§ 7
Institutional resistance
(1) The beneficiary of institutional support shall ensure institutional resilience to the influence of foreign power, cyber and information security and compliance with the rules and rules on the protection of intellectual property, international control regimes and international sanctions, in accordance with the principle of open access to results as far as possible.
(2) The beneficiary of institutional support shall be obliged to process and implement the security and crisis concept. Security and crisis concepts must take into account the risks associated with illegitimate influence in the field of research, development, innovation and knowledge transfer, the protection of the security interests of the State and the interest in the development of the European Research Area.
(3) The safety and crisis concept of which the risk management system is part shall include:
(a) the risk of disruption of research, development, innovation and knowledge transfer and measures to eliminate them;
(b) measures in the field of cyber security,
(c) measures to protect the results of research, development, innovation and transfer of knowledge and data from research in connection with their publication and protection against unauthorised access to, or treatment of, research;
(d) risk assessment by research, development, innovation and knowledge transfer partners; and
(e) measures to develop awareness of research security, development, innovation and knowledge transfer, internal threats and the management of potential risks associated with research, development, innovation, knowledge transfer, information dissemination and research cooperation.
(4) The beneficiary of institutional support shall be obliged to evaluate and update the risk management system at least every 3 years.
§ 8
Specific procedures to ensure the protection of State security interests
(1) In order to ensure the protection of the State's security interests, specific procedures may be used for the confidentiality of intelligence activities in the performance of the obligations laid down by this Law. These special procedures shall be laid down by the Government by its resolution.
(2) In security or defence research programmes, the Ministry of Interior or the Ministry of Defence may:
(a) lay down restrictive conditions for the announcement of calls for proposals or participation in projects; and
(b) provide that the obligations laid down in paragraphs 82 and 83 shall not apply.

HLAVA III

State Administration of Research, Development, Innovation and Knowledge Transfer

Díl 1

Central administrations in research, development, innovation and knowledge transfer
§ 9
Ministry of Education, Youth and Sports
(1) The Ministry of Education, Youth and Sports is the central authority for research and development, including international cooperation in this field. This is without prejudice to the scope of the Research, Development, Innovation and Knowledge Transfer Board.
(2) Ministry of Education, Youth and Sports
(a) coordinate international cooperation in research and development by other providers;
(b) process and submit to the Government the concept of large research infrastructures;
(c) develop, in cooperation with the Council for Research, Development, Innovation and Knowledge Transfer, the principles of evaluation of large research infrastructures, the methodology for evaluation of large research infrastructures and submit them to the Government;
(d) ensure the evaluation of large research infrastructures;
(e) keep records of research organisations and of legal persons authorised to recruit researchers from third States;
f) ensure the membership of the Czech Republic in international research and development organisations and consortia of European research infrastructure; and
(g) coordinate the open science agenda.
§ 10
Ministry of Industry and Trade
(1) The Ministry of Industry and Trade is the central administrative office for innovation. This is without prejudice to the scope of the Research, Development, Innovation and Knowledge Transfer Board.
(2) Ministry of Industry and Trade
(a) coordinate international cooperation in the field of innovation by other central administrations;
(b) process the concept of testing and experimental infrastructures and submit it to the Government for approval; and
(c) develop, in cooperation with the Research, Development, Innovation and Knowledge Council, the principles of evaluation of test and experimental infrastructures and the methodology for evaluation of test and experimental infrastructures and submit them to the Government.
§ 11
Scope of central administrations in the field of research, development, innovation and knowledge transfer
(1) Central Administrative Office providing support
(a) assess the achievement of the objectives set by the provider's concepts;
(b) prepare and implement programmes and other research, development, innovation and knowledge transfer activities within its competence;
(c) declare calls for proposals for projects under this Act and award public contracts for the provision of special-purpose support from its budget chapter;
(d) carry out evaluations under this law and submit the outcome to the Research, Development, Innovation and Knowledge Transfer Board; and
(e) submit to the Research, Development, Innovation and Knowledge Transfer Board on the opinion all materials for research, development, innovation and knowledge transfer prior to submission to the Government, including draft programmes and proposals for agreements and arrangements relating to international cooperation before submission to the Government.
(2) The Central Administrative Office which, under the Act on the State Budget of the Czech Republic, does not provide special purpose support from its budget chapter and which provides for the provision of special purpose support for the programme in its field of competence in cooperation with the Technology Agency of the Czech Republic,
(a) prepare and implement the provider's concept;
(b) exercise the powers referred to in paragraph 1 (a), (d) and (e);
c) prepare draft programmes, the implementation of which will be provided by the Technology Agency of the Czech Republic;
(d) evaluate, in cooperation with the Technology Agency of the Czech Republic, programmes prepared and implemented under point (b) and their impact and submit the outcome to the Research, Development, Innovation and Knowledge Transfer Board; and
(e) provide institutional and systemic support in its field of competence.
(3) Where the central administrative office referred to in paragraph 1 cooperates with the Technology Agency of the Czech Republic in providing special purpose support for a programme within its competence, it shall proceed in accordance with paragraph 2 (c) and (d).

Díl 2

Research, Development, Innovation and Knowledge Transfer Board
§ 12
Research, Development, Innovation and Knowledge Transfer Board
(1) The Research, Development, Innovation and Knowledge Transfer Board is the expert body of the Government for research, development, innovation and knowledge transfer.
(2) Research, Development, Innovation and Knowledge Transfer Board
(a) in cooperation with the Ministry of Education, Youth and Sports, the Ministry of Industry and Trade and in cooperation with other central administrations active in the field of research, development, innovation and knowledge transfer and updating it to the Government;
(b) control the implementation of national policy measures;
(c) process the priorities of applied research and submit them to the Government;
(d) develop the methodology for evaluation of research organisations and prepare guidelines for evaluation of programmes and their impact after 5 years of completion and submit them to the Government for approval;
(e) develop the principles of evaluation of large research infrastructures in cooperation with the Ministry of Education, Youth and Sports and the principles of evaluation of test and experimental infrastructures in cooperation with the Ministry of Industry and Trade and submit them to the Government;
(f) carry out evaluations to the extent that the assessment methodology of research organisations approved by the Government is applied;
(g) assess the consistency of the conduct of the evaluation of research organisations carried out by the provider in the segment to which the research organisation of the provider belongs with the assessment methodology of the research organisations;
(h) assess compliance
1. an evaluation of the programme carried out by the relevant provider with the principles for evaluating the programmes and their impact;
2. evaluation of large research infrastructures with the principles of evaluation of large research infrastructures;
3. evaluation of testing and experimental infrastructures with the principles of evaluation of testing and experimental infrastructures;
(i) make recommendations to unify the conditions for providing special-purpose support;
(j) prepare opinions on all material submitted to the Government for research, development, innovation and knowledge transfer, including opinions on programmes submitted by providers and opinions on draft agreements and arrangements relating to international cooperation before submitting them to the Government;
(k) process opinions on the application for authorisation of research on human embryonic stem cells or the application for amendment thereof, and, where appropriate, on the application for authorisation of imports of human embryonic stem cells;
(l) proposes to the Government the members of the Bureau and the President of the Grant Agency of the Czech Republic and the members of the Bureau and the President of the Technology Agency of the Czech Republic,
(m) propose to the Government the members of the Scientific Council of the Grant Agency and the Research Council of the Technological Agency;
n) analyses and evaluations of the state of research, development, innovation and transfer of knowledge in the Czech Republic and their comparison with foreign ones and submit them to the Government;
(o) the proposal for the total expenditure of the State budget on research, development, innovation and knowledge transfer, the proposal for expenditure of each budget chapter on research, development, innovation and knowledge transfer and the proposal for a medium-term perspective for the promotion of research, development, innovation and knowledge transfer and the submission to the government; and
(p) cooperate with the advisory bodies for research, development, innovation and transfer of knowledge from other States and separate jurisdictions which are not a State.
(3) The Research, Development, Innovation and Knowledge Transfer Board may submit to the Government initiatives, recommendations and proposals for measures concerning research, development, innovation and knowledge transfer.
§ 13
Membership of the Research, Development, Innovation and Knowledge Transfer Board
(1) The Research, Development, Innovation and Knowledge Transfer Board has 16 members and a Chairman.
(2) The President of the Council for Research, Development, Innovation and Knowledge Transfer is a member of the Government. For the purposes of the meetings of the Research, Development, Innovation and Knowledge Transfer Board, the Chair of the Research, Development, Innovation and Knowledge Transfer Board shall have the status of a member of the Research, Development, Innovation and Knowledge Council.
(3) The members of the Council on Research, Development, Innovation and Knowledge Transfer are appointed by the Government, on a proposal from the President of the Council on Research, Development, Innovation and Knowledge Transfer, in order to represent in particular experts on basic research, applied research, innovation and knowledge transfer. The term of office of the members of the Research, Development, Innovation and Knowledge Council shall be four years. A member of the Research, Development, Innovation and Knowledge Transfer Board may be appointed for a maximum of 2 consecutive terms of office.
(4) The members of the Research, Development, Innovation and Knowledge Transfer Board are recalled by the Government on a proposal from the President of the Research, Development, Innovation and Knowledge Transfer Council. Membership of the Council for Research, Development, Innovation and Knowledge Transfer shall cease by resignation.

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Regulation Information

CitationAct No. 328 / 2025 Coll., on Research, Development, Innovation and Knowledge Transfer
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation09.09.2025
Effective from01.01.2027
Effective until-
Status Valid
Parliamentary Paper: Paper No. 885

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Source: Hlídač státu (CC BY 3.0 CZ)
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