The agreement on mutual protection of the rights to the results of intellectual activities received and used during military-economic cooperation within the Collective Security Treaty Organization

of October 6, 2007

The state members of the Collective Security Treaty Organization which are hereinafter referred to as with the Parties

being guided by the purposes and the principles of the Collective Security Treaty Organization (further - the CSTO),

understanding importance of protection of the rights to the results of intellectual activities received and used in the field of military-economic cooperation within the CSTO

based on the principles of equality and mutual advantage, in view of need of coordination of efforts of the Parties and acceptance of effective measures to non-admission and suppression of offenses when using results of intellectual activities during military-economic cooperation,

agreed as follows:

Article 1

For this agreement the main terms having the following values are used:

"military-economic cooperation" - the area of the interstate relations connected with interaction of national defense industry complexes in case of development, production, upgrade, repair, ensuring operation and utilization of military products, and also diversification and conversion of the military production;

"intellectual property" - is understood in the value specified in article 2 of the Convention establishing World Intellectual Property Organization, signed in Stockholm on July 14, 1967 with changes of October 2, 1979;

"information" - the data on objects, the facts, events, the phenomena and processes concerning subject of agreements (contracts) signed between the Parties during military-economic (military and technical) cooperation, their execution and/or the received results, irrespective of form of their representation;

"confidential information" - information which has the real or potential commercial value owing to uncertainty to her third parties, to which there is no open entry legally and which owner takes measures to ensuring its confidentiality;

"military products" - arms, military equipment, documentation, works, services, results of intellectual activities, including exclusive rights on them (intellectual property) and information in the field of military-economic and military and technical cooperation, and also any other products carried by the legislation of the Parties to military products;

"results of intellectual activities" - the scientific, design, technical and technology solutions containing in technical and scientific and technical documentation, fixed on material carriers, and also containing in prototypes, prototypes of the products received during research, developmental and technological works;

"the used results of intellectual activities" results of intellectual activities, the rights to which belong to one of the Parties or participants of military-economic cooperation, necessary for agreement performance (contracts) signed during multilateral and/or bilateral military-economic cooperation;

"the received results of intellectual activities" the results of intellectual activities created during multilateral and/or bilateral military-economic cooperation;

"participants of military-economic cooperation" state bodies, the companies, associations and the organizations of the Parties which according to the legislation of the Parties acquired the right to implementation of foreign trade activity concerning military products, and/or the military products which are developers and/or producers.

Article 2

The purpose of this agreement is creation by the Parties of conditions for ensuring protection of the rights to the results of intellectual activities received and used during multilateral and/or bilateral military-economic cooperation in the territories of the Parties according to their national legal system.

Article 3

Authorized bodies of the Parties on implementation of this agreement are:

from the Republic of Armenia - the Ministry of Trade and economic development of the Republic of Armenia;

from the Republic of Belarus - the State military-industrial committee of the Republic of Belarus and the State committee on science and technologies of the Republic of Belarus;

from the Republic of Kazakhstan - the Ministry of Justice of the Republic of Kazakhstan;

from the Kyrgyz Republic - the Public patent service of the Kyrgyz Republic (Кыргызпатент) and the Ministry of Industry, Energy and Fuel Resources of the Kyrgyz Republic;

from the Russian Federation - the Ministry of Justice of the Russian Federation;

from the Republic of Tajikistan - the Ministry of Economic Development and Trade of the Republic of Tajikistan;

from the Republic of Uzbekistan - the State patent authority of the Republic of Uzbekistan.

In case of change of the name or transfer of function of authorized bodies of the Party through diplomatic channels without delay notify the Secretariat of the CSTO.

The parties and authorized bodies of the Parties exercise control of activities of participants of military-economic cooperation for accomplishment of provisions of this agreement according to the procedure, determined by the legislation of the Parties.

Article 4

The cooperation on ensuring protection of the rights to results of intellectual activities during multilateral and/or bilateral military-economic cooperation is performed in the way:

approvals of the questions connected with protection of the rights on the used and received results of intellectual activities;

holding actions for the prevention and suppression of offenses in the field of intellectual property;

provisions by one Party at the request of other Party of the regulatory legal acts regulating procedure for use of results of intellectual activities;

experience exchange and information on questions of protection of the rights to results of intellectual activities;

experience exchange of international cooperation and information on participation of the Parties in other international treaties determining features of protection of intellectual property;

realization of other forms of cooperation approved by the Parties.

Article 5

The rights to the acquired and used results of intellectual activities are distributed on the conditions determined in agreements (contracts) signed by participants military-economic concluded by participants of military-economic cooperation.

Article 6

In case of the conclusion of agreements (contracts) participants of military-economic cooperation determine:

results of intellectual activities, creation, transfer or use of which are reasonably expected in case of agreement performances (contracts);

procedure for registration of the rights to results of intellectual activities;

contribution of each participant, including the used results of intellectual activities;

obligations of participants on ensuring legal protection of the used and received results of intellectual activities;

conditions and amount of use of the received results of intellectual activities in the territories of the Parties, and also in the territories of the third states;

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