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The agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the field of research and use of space in the peace purposes

of May 22, 2008

The government of the Republic of Kazakhstan and the Government of the Russian Federation which are hereinafter referred to as by the Parties

wishing to continue and develop long-term cooperation in the field of research and use of space and use of space technologies in the peace purposes,

confirming the commitment to the Treaty of friendship, cooperation and mutual aid between the Republic of Kazakhstan and the Russian Federation of May 25, 1992,

being effective in the spirit of the Joint statement of the President of the Republic of Kazakhstan and the President of the Russian Federation signed in Almaty on June 17, 2006

recognizing practical importance and potential mutual advantages from the purposeful international cooperation in space area based on scientific and industrial cooperation

considering such scientific and technical and business cooperation by means of different mutually advantageous forms of joint businesses and other types of partnership in space exploration and space applications and technologies as continuation of long-term productive interaction of two countries in questions of use of the Baikonur complex in the conditions of its lease by the Russian Federation,

in view of the Agreement between the Republic of Kazakhstan and the Russian Federation on the basic principles and conditions of use of the Baikonur spaceport of March 28, 1994, the Agreement between the Republic of Kazakhstan and the Russian Federation on development of cooperation on effective use of the Baikonur complex of January 9, 2004 and the Lease agreement of the Baikonur complex between the Government of the Republic of Kazakhstan and the Government of the Russian Federation of December 10, 1994,

proceeding from interests of development of mutually beneficial cooperation between the Republic of Kazakhstan and the Russian Federation in the field of development and use of space,

in view of provisions of the Agreement on the principles of activities of the states for research and use of space, including the Moon and other celestial bodies, of January 27, 1967, and also other multi-lateral agreements regulating use of space in which the Republic of Kazakhstan and the Russian Federation participate,

agreed as follows:

Article 1. Determinations

The concepts used in this agreement mean the following:

a) joint activities - the activities in pursuance of this agreement connected with research and use of space and space applications and technologies in the peace purposes which are determined as that in agreements (contracts), including joint activities concerning the protected products and technologies, and according to Item 3 of Article 2 and item 4 of Article 11 of this agreement the activities connected with use of the Baikonur complex in the conditions of its lease by the Russian Federation;

b) participants of joint activities are consignees, the appointed organizations, any other legal and (or) physical persons, their representatives, contractors or subcontractors which according to legislations of the states of the Parties are authorized by the Parties and (or) their competent authorities to perform joint activities within this agreement;

c) consignees - any physical persons or legal entities to which according to legislations of the states of the Parties licenses and (or) other import permits and (or) export of the protected products and technologies are granted;

d) intellectual property - the intellectual property determined according to article 2 of the Convention establishing World Intellectual Property Organization of July 14, 1967;

e) prior intellectual sobstvennostyintellektualny property for which the Parties or participants of joint activities acquired or designated the rights prior to any joint activities, or the intellectual property which is result of independent activities or independent research;

e) jointly the created intellectual sobstvennostyintellektualny property created as a result of joint activities;

g) information - the information about persons, objects, facts, events, the phenomena and processes, in particular technical, commercial or financial nature, both scientific and the specifications concerning joint activities, the course of its implementation and the received results, irrespective of form of their representation and the carrier;

h) business confidential information - the scientific and technical, commercial, technological, production, financial and economic information including constituting know-how (know-how), irrespective of form of their representation and the carrier, answering to the following conditions:

possession of this information can provide benefit, in particular economic, scientific or technical nature, or receipt of benefit in the competition before persons who have no it;

this information is not well-known or generally available of different sources on legal causes;

this information was not earlier given by its owner to the third parties without obligation to keep its confidentiality;

this information is not any more at the disposal of the receiver without obligation to keep its confidentiality;

the owner of this information takes measures for protection of its confidentiality;

i) confidential information - information of limited access which is not the classified information which is properly designated as such and on which carriers the mark is put down:

in the Republic of Kazakhstan - "For office use";

in the Russian Federation - "For office use";

j) the classified information - information which contains the data carried in the Republic of Kazakhstan to the state secrets and in the Russian Federation to the state secret and which distribution can cause damage to safety according to the Republic of Kazakhstan and the Russian Federation;

k) plans of assessment and use of results of intellectual activities - specific plans of participants of joint activities about accomplishment of joint activities or joint survey, their appropriate rights and obligations in which in relation to intellectual property, in particular, are determined:

procedure for distribution and use of the rights on jointly the created intellectual property, including for the scientific and research purposes, its distribution, including arrangements on joint publications;

rights and obligations of researchers and scientists:

the corresponding deposits of the Parties or participants of joint activities, including prior intellectual property;

procedure for licensing and transfer of results of scientific research;

l) the protected products and technologies - any goods representing objects, materials, the delivered or made products, including the equipment of different function, any technologies meaning, in particular, inventions, useful models, know-how, industrial designs and programs for electronic computers, including in the form of specifications or technical assistance, and (or) containing information (in addition to public information) in any form, including oral information, engineering designs, drawings, photos, video records, plans, instructions and documentation necessary for technical designing, designing, development, production, processing, production, use, operation, capital repairs, running repair, maintenance, modification, improvement of characteristics or upgrade of the protected products and technologies, concerning which state bodies, representatives according to legislations of the states of the Parties, grant export certificates and (or) concerning which other export permits on the territory of the state of other Party are issued to the either party and control by the exporting Party through its authorized bodies according to the legislation of the state of the exporting Party and based on this agreement is exercised;

m) control - any requirement or condition for export or re-export of the protected products and technologies, including the export certificates, other permissions, requirements of accounting for access to the protected products and technologies answering the purpose of effective implementation of export control and measures for protection of technologies;

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