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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

being guided by the Treaty of friendship, cooperation and mutual aid between the Republic of Kazakhstan and the Russian Federation of May 25, 1992, the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on military and technical cooperation of March 28, 1994,

understanding importance of protection of the rights to results of intellectual activities in the field 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:

approvals 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;

implementation of actions for the prevention and suppression of offenses in the above-stated area;

provisions on requests of the Parties of the regulatory legal acts regulating procedure for use of intellectual property within legislations of the states of the Parties;

experience exchange concerning protection of the rights to results of intellectual activities and discussion of opportunities of standardization of procedures of examination of intellectual property items;

realization of other forms of cooperation approved by the Parties.

Article 4

The parties and/or subjects will agree about procedure for distribution of the rights to results of intellectual activities on agreed terms taking into account contribution of each of the states of the Parties and/or subjects to the received intellectual property.

Article 5

In case of the conclusion of agreements (contracts) during bilateral military and technical cooperation according to this agreement, it is considered:

contribution of each of the states of the Parties and/or subjects in jointly the performed work, including the intellectual property belonging to the states of the Parties and/or subjects;

intentions, obligations and possibilities of the states of the Parties and/or subjects to provide legal protection of the received results of intellectual activities;

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

the rights of the state of one of the Parties and/or the subject in case of violation of other Party by the state and/or the subject of obligations on ensuring protection of the rights to the received results of intellectual activities;

the rights of the state of each of the Parties and/or the subject on use of confidential information and obligation of the states of the Parties and/or subjects on ensuring its protection;

conditions and procedure for transfer, exchange and publication of information obtained within implementation of this agreement.

Article 6

If one of the Parties and/or the subject believes that any joint project performed during bilateral military and technical cooperation will bring or led to creation of such results of intellectual activities, the rights to which are not protected by legislations of the states of the Parties, authorized bodies of the Parties and/or subjects without delay will hold consultations concerning their protection.

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