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

of January 18, 2005

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

being based on the friendship existing between two states

understanding importance of protection of the rights to results of intellectual activities in the sphere of bilateral military and technical cooperation,

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 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 concepts are applied:

"military and technical cooperation" - the activities in the field of the international relations connected with export and import, including with delivery or purchase of military products, and also with its development, production, upgrade and repair;

"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 information about persons, objects, facts, events, the phenomena and processes concerning subject of the agreements signed during bilateral military and technical cooperation of the Parties, their execution and/or the received results, irrespective of form of their representation, after the conclusion of this agreement;

"confidential information" - information in the field of 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" - arms, military equipment, documentation, works, services, results of intellectual activities, including exclusive rights on them (intellectual property), and information relating to cooperation bilateral military technically;

"results of intellectual activities" - intellectual property, and also the design, technical and technology solutions containing in technical (normative and technical, design, project, technological, operational, program, instructive-methodological) and scientific and technical documentation, received when carrying out joint research, developmental and technological operations during bilateral military and technical cooperation;

"the used results of intellectual activities" intellectual property, the rights to which belong to the state of one of the Parties or his subjects of military and technical cooperation and which is necessary for agreement performance (contracts) signed during bilateral military and technical cooperation;

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

"subjects of military and technical cooperation" (further "subjects") - the organizations of the states of the Parties which according to legislations of the states of the Parties are granted the right to implementation of foreign trade activity concerning military products.

Article 2

The purpose of this agreement is ensuring protection of the rights to the results of intellectual activities used and/or received during bilateral military and technical cooperation according to legislations of the states of the Parties.

Article 3

The cooperation of the Parties on ensuring protection of the rights to the results of intellectual activities used and/or received during bilateral military and technical cooperation is performed in the way:

coordination of the questions connected with protection of the rights to the results of intellectual activities used and/or received during bilateral military and technical cooperation;

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