DECISION OF COUNCIL OF HEADS OF GOVERNMENT OF COMMONWEALTH OF INDEPENDENT STATES

of November 2, 2018

About the Procedure for distribution of the rights to the intellectual property items created as a result of implementation of interstate innovative projects and actions within the Interstate program of innovative state cooperation – members of the CIS for the period till 2020

Council of Heads of Government of the Commonwealth of Independent States

solved:

1. Approve the Procedure for distribution of the rights to the intellectual property items created as a result of implementation of interstate innovative projects and actions within the Interstate program of innovative state cooperation – members of the CIS for the period till 2020 it (is applied).

2. Grant to Economic council of the Commonwealth of Independent States the right to make changes to the specified Procedure according to offers of the State Parties of the CIS.

3. To interstate council on cooperation in scientific and technical and innovative spheres to perform monitoring of practice of application of this Procedure in the State Parties of the Interstate program.

Approved by the Decision of Council of CIS Heads of Government on the Procedure for distribution of the rights to the intellectual property items created as a result of implementation of interstate innovative projects and actions within the Interstate program of innovative state cooperation - members of the CIS for the period till 2020 of November 2, 2018

Procedure for distribution of the rights to the intellectual property items created as a result of implementation of interstate innovative projects and actions within the Interstate program of innovative state cooperation – members of the CIS for the period till 2020

I. General provisions

1. This Procedure for distribution of the rights to the intellectual property items created as a result of implementation of interstate innovative projects and actions within the Interstate program of innovative state cooperation – members of the CIS for the period till 2020 (further – the Procedure), determines the mechanism of interaction of participants of the Interstate program of innovative state cooperation – members of the CIS for the period till 2020 (further – the Program) in distribution of the rights to the intellectual property items created as a result of implementation of interstate innovative projects and actions within the Program.

2. The basis for acceptance and realization of this Procedure is the Decision of Council of CIS Heads of Government of October 18, 2011 about the Interstate program of innovative state cooperation – members of the CIS for the period till 2020.

3. Participants of the Program can determine bodies (economic, legal, scientific and technical, production and other services) responsible for use of intellectual property items, commercialization of the rights to the intellectual property items created as a result of implementation of interstate innovative projects and actions within the Program.

4. Considering features of cost assessment of the rights to intellectual property items, participants of the Program can develop the corresponding methodical recommendations, based on provisions of international treaties and legislations of the State Parties of the CIS.

5. In this Procedure the following concepts are used:

the intellectual property – is understood in the value determined in article 2 of the Convention establishing World Intellectual Property Organization (on July 14, 1967, Stockholm);

information – the information about persons, objects, objects, facts, events, the phenomena and processes concerning the subject of the contract, the course of its execution and the received results, irrespective of form of their representation;

confidential information – information having the real or potential commercial value owing to its uncertainty to the third parties to which the third parties have no open entry legally and which owner takes necessary measures for ensuring its confidentiality according to the legislation of the State Parties of the Program, including information protected in the mode of trade secret;

prior intellectual property – the intellectual property received by participants of contractual relations to or outside any joint activities, which is result of implementation of independent activities or independent research which use is necessary for performance of works under the contract signed within projects implementation of the Program.

II. Regulation subject in case of distribution of the rights to intellectual property items

Regulation subject in case of distribution of the rights to the intellectual property items created as a result of implementation of interstate innovative projects and actions within the Program are the organization-legal relations arising during their creation, use and commercialization.

III. Scope of this Procedure

1. This Procedure does not change the procedure of legal regulation of intellectual property determined by the legislation of the State Parties of the CIS.

2. Implementation by participants of the Program of sales activity of interstate innovative projects and actions within the Program does not affect their rights to the intellectual property items created before participation in these projects and actions.

3. Use of objects of prior intellectual property is performed on condition of provision of legal protection by it according to the legislation of the State Parties of the Program in the territory of which their use is supposed.

IV. Distribution of the rights to intellectual property items

1. Distribution of the rights to the intellectual property items created as a result of implementation of interstate innovative projects and actions within the Program are performed on the basis of the following principles:

compliance with law of the State Parties of the Program;

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