The agreement between the Government of the Republic of Belarus and the Government of the Azerbaijan Republic on cooperation in the field of protection of industrial property

of November 5, 2004

The government of the Republic of Belarus and the Government of the Azerbaijan Republic which are hereinafter referred to as with the Parties

in view of historically developed friendship between two states,

wishing to develop trade and economic and sci-tech cooperation,

recognizing that necessary condition for development of such cooperation is effective and adequate protection of industrial property,

agreed as follows:

Article 1

For the purposes of this agreement the concept "industrial property" is understood in the value specified in article 1 of the Parisian convention on protection of the industrial property of March 20, 1883 reviewed in Stockholm on July 14, 1967 with changes of October 2, 1979 (further - the Parisian convention).

Article 2

The parties perform and develop cooperation in the field of protection of industrial property on the basis of mutual advantage and equality according to this agreement and other international treaties which participants they are or will be.

The cooperation of the Parties will be directed on:

settlement, connected with protection and use of the rights to objects of industrial property;

harmonization of national legal systems of the states of the Parties in the field of protection of industrial property according to international treaties which participants are both Parties;

exchange of information, regulating and other documents, and also experience in the field of protection of industrial property;

other forms of cooperation which are mutually approved by the Parties.

Article 3

In the field of protection of industrial property physical persons and legal entities of one state will use the same rights and benefits which are granted now in the territory of other state or own physical persons and legal entities will be provided by legal acts to physical persons and legal entities of this other state, and also the same legal remedies and in the same amount, as.

On the questions which are not settled by this agreement, the Parties will apply provisions of the Parisian convention.

Article 4

The parties are recognized that any physical person or legal entity of the Republic of Belarus or the Azerbaijan Republic keeps right to use of the invention or industrial design without the conclusion of the license agreement if use of this invention or industrial design legally began before date of submission by other persons of the petition for issue of the national patent for the invention or industrial design on which or on which the copyright certificate USSR is granted.

At the same time payment of remunerations is made according to the procedure, established by regulatory legal acts of the state in the territory of which the specified invention or industrial design is worked or will be worked.

Article 5

Physical persons and legal entities of one state will use in the territory of other state the patent funds, libraries, databanks relating to industrial property on the same conditions as own physical persons and legal entities.

Article 6

Are responsible for implementation of this agreement:

in the Republic of Belarus - the State committee on science and technologies of the Republic of Belarus;

in the Azerbaijan Republic - the State standardization agency, to metrology and patents of the Azerbaijan Republic.

The procedure and conditions of cooperation of the state bodies responsible for implementation of this agreement will be determined by special agreements between them.

Article 7

The correspondence performed according to this agreement between the state bodies responsible for implementation of the Agreement is conducted in Russian.

Article 8

In case of disagreements on the questions following from this agreement or connected with its accomplishment, agents of the parties will hold the corresponding consultations and will take necessary measures for settlement of these disagreements.

Article 9

This agreement does not interfere with participation of the Parties in bilateral and multilateral cooperation with other states in the field of protection of industrial property.

Article 10

By mutual consent of the Parties changes and additions which are drawn up by the separate protocols which are integral part of this agreement and becoming effective according to the procedure, stipulated in Article the 11th this agreement can be made to this agreement.

Article 11

This agreement becomes effective from the date of obtaining through diplomatic channels of the last written notice of accomplishment of the interstate procedures by the Parties necessary for its entry into force.

This agreement is signed for a period of 5 (five) years and automatically prolonged for the subsequent five-year periods if any of the Parties in writing, not later than 6 (six) months before the expiration of the above-stated term, does not notify other Party on the intention to terminate this agreement.

In that case this agreement is terminated after 3 (three) months from the date of receipt of such notification.

Cancellation of this agreement will not affect action of security documents which are issued or can be issued to physical persons and legal entities of both states.

It is made in Baku on November 5, 2004 in two authentic copies, everyone in the Belarusian, Azerbaijani and Russian languages, and all texts are equally authoritative.

In case of disagreements in interpretation of provisions of this agreement the advantage will be had by the text in Russian.

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