The agreement between the Government of the Russian Federation and the Cabinet of Ministers of Ukraine on mutual protection of the rights to the results of intellectual activities used and received during bilateral military and technical cooperation

of December 22, 2006

The government of the Russian Federation and the Cabinet of Ministers of Ukraine which further are referred to as with the Parties

based on provisions of the Agreement between the Government of the Russian Federation and the Government of Ukraine about military and technical cooperation of May 26, 1993,

understanding importance of protection of the rights to the results of intellectual activities used and received during bilateral military and technical cooperation

in view of need of coordination of efforts of the Parties and acceptance of effective measures for non-admission of violation of the rights to results of intellectual activities in case of their use during bilateral military and technical cooperation,

based on the principles of equality and mutual advantage,

agreed as follows:

Article 1

For the purposes of this agreement the following terms and concepts are applied:

"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;

"confidential information" - information, including "know-how", concerning subject of agreements (contracts) signed and/or signed during bilateral military and technical cooperation 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" ("military goods" for the Ukrainian Side) - arms, military equipment, works, services, the rights to results of intellectual activities and information relating to cooperation bilateral military technically according to the legislation of the states of the Parties;

"results of intellectual activities" - the scientific, design, technical and technology solutions containing in the military products made and delivered during bilateral military and technical cooperation including in prototypes and prototypes of products and also in technical (normative and technical, design, project, technological, operational, program, instructive-methodological) and scientific and technical documentation;

"the used results of intellectual activities" results of intellectual activities, the rights to which according to the legislation of the states of the Parties belong to persons of law of intellectual property of one of the Parties and which are necessary for agreement performance (contracts) during bilateral military and technical cooperation;

"the received results of intellectual activities" the results of intellectual activities created during bilateral military and technical cooperation;

"subjects of military and technical cooperation" - legal entities of the states of the Parties which according to the legislation of the states of the Parties acquired the right to implementation of foreign trade activity concerning military products;

"agreement parties (contracts)" - subjects of military and technical cooperation who are contractors or customers of agreements (contracts) signed during bilateral military and technical cooperation.

Article 2

The parties provide protection of the rights to the results of intellectual activities used and/or received during bilateral military and technical cooperation according to the legislation of the states of the Parties.

Article 3

Authorized bodies on implementation of this agreement are:

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

from the Ukrainian Side - the Ministry of Education and Science of Ukraine.

The parties timely notify each other through diplomatic channels on change of the authorized bodies.

The parties and authorized bodies of the Parties exercise control of activities of agreement parties (contracts) for accomplishment of provisions of this agreement according to the procedure, determined by the legislation of the states of the Parties.

Article 4

The cooperation on ensuring protection of the rights to results of intellectual activities during bilateral military and technical 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;

implementation of actions for the prevention of offenses in the field of intellectual property;

provisions of one of the Parties on requests of other Party of the regulatory legal acts regulating legal relationship in the field of intellectual property;

experience exchange concerning protection of the rights to results of intellectual activities;

experience exchange of international cooperation and information concerning participation of each of the Parties in other international treaties determining features of protection of intellectual property rights if it does not contradict the international obligations of the states of the Parties to other states;

realization of other forms of cooperation approved by the Parties.

Article 5

The rights to the received results of intellectual activities are distributed taking into account contribution of each of agreement parties (contracts) on the conditions determined in agreements (contracts) signed during bilateral military and technical cooperation.

Article 6

In case of the conclusion of agreements (contracts) agreement parties (contracts) regarding distribution of the rights to the received results of intellectual activities determine:

results of intellectual activities, creation, use or assignment of rights on which are reasonably expected in case of agreement performance (contracts);

contribution of each of agreement parties (contracts) to the performed work, including the used results of intellectual activities;

obligations of agreement parties (contracts) on ensuring protection of the used and received results of intellectual activities;

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

procedure for indemnification, to the caused one of agreement parties (contracts) as a result of use of the results of intellectual activities belonging to it without its consent by other participant;

the rights of each of agreement parties (contracts) for use of confidential information and their obligation on ensuring protection of such information;

conditions and procedure for transfer, exchange and/or publication of data on the received results of intellectual activities.

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