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The agreement between the Government of the Republic of Kazakhstan and the Government of Ukraine on cooperation in the field of science and technologies

of September 21, 1995

The governments of the Republic of Kazakhstan and the Government of Ukraine which are hereinafter referred to as the Party, convinced that the sci-tech cooperation is important component of all complex of the bilateral relations and recognizing need of interaction in the conditions of internationalization of research and development;

considering historically developed scientific and technical bonds between Kazakhstan and Ukraine;

in view of that such cooperation will promote about strengthening of the bilateral relations between both countries and the people, and also will create premises for development of mutually advantageous trade and economic relations;

agreed as follows;

ARTICLE 1

The parties will help sci-tech cooperation on the basis of the principles of equality and mutual advantage.

ARTICLE 2

In view of priorities of scientific and technical policy in both states, the Parties will develop cooperation in the following directions:

- basic and applied researches on natural, technical science;

- development of the modern knowledge-intensive directions;

- preparation and probation of specialists;

- standardization, metrology and certification;

- protection of intellectual property;

- scientific and technical information;

- science of science, information analysis;

- analysis of projects and programs.

ARTICLE 3

The cooperation provided in Article 2, will be performed between the ministries, departments, academies of Sciences, research establishments, higher educational institutions, firms, the organizations, societies, certain scientists and specialists of both states within their competence on the basis of direct agreements according to national legal systems. The common directorship and coordination of cooperation will be performed by the Ministry of science and new technologies of the Republic of Kazakhstan (Kazakhstan side) and the State Committee of Ukraine concerning science, the equipment and industrial policy (the Ukrainian side). Questions of realization of cooperation, its economic and organizational conditions, namely:

- the purposes and content of cooperation, task and the expected results, terms and conditions of their realization;

- sources of financing of works which are performed in each of the states within cooperation, cross financial liabilities;

- procedure for joint use of scientific and technical objects, and also uses of results of joint surveys and regulation of questions of intellectual and industrial property;

- procedure for permission of matters of argument and procedure for indemnification which can be caused by partners persons who are taking part in realization of cooperation;

- procedure for participation in cooperation of persons of the third states or international organizations, financial provision of such participation and use of results of cooperation by these persons or organizations;

- responsibility for accuracy of the information and quality of the materials and the equipment transferred each other in the course of cooperation;

- conditions of passing of training by scientists, teachers, graduate students and students;

- the procedure for certification of scientific and scientific and technical personnel of the top skills, nostrification of the relevant documents will be determined by directly cooperating ministries, departments and other organizations on the basis of direct agreements.

ARTICLE 4

The cooperation within this agreement can implement in the following forms:

- implementation of joint research programs, projects on creation and development of high technologies;

- forming of joint research collectives, laboratories the, and also innovative firms and organizations providing development of new technologies;

- scientific work in research establishments, HIGHER EDUCATION INSTITUTIONS, technoparks, archives, libraries and the museums of other Party, including joint field surveys and expeditions;

- exchange of scientific and technical information, documentation, literature and bibliographic editions;

- holding joint seminars, scientific conferences and working meetings;

- exchange of scientists and specialists;

- advanced training of scientists and specialists, organization of training;

- transfer of advanced technologies and "know-how", and also in other mutually agreed forms.

ARTICLE 5

For the purpose of implementation of this agreement of the Party will create the joint Commission on cooperation questions in the field of science and technologies. The Commission develops for the organization of the activities and approves Regulations of work.

ARTICLE 6

The parties agreed that the scientific and scientific and technical information obtained during cooperation except that which belongs to industrial and intellectual property or, according to the mutual arrangement, is not subject to disclosure for the commercial or production reasons, in case of mutual consent will be open for world scientific community by use of the commonly accepted methods of its transfer and according to the existing rules of each of the states.

ARTICLE 7

The parties will resolve issues of protection of intellectual and industrial property which can be created as a result of cooperation, according to the legislation of each of the states and rules of international law. Specific questions of the solution of the rights of intellectual and industrial property and their use, the possible financial liabilities connected with it are caused by the agreements provided in Article 3.

ARTICLE 8

The parties will resolve issues of payment of costs on exchange of the experts, scientists and other specialists who are taking part in joint projects, in the following procedure:

- the organization directing specialists pays relocation expenses between certain destinations of two states;

- the organization accepting specialists completely pays costs for their accommodation, food, journey and other costs for the territories of the state, proceeding from expense rates which are determined for specialists of the corresponding rank of the accepting organization.

The parties consider that questions of medical attendance (in case of sharp diseases or accidents) persons of one state who participate in joint projects and are at the same time in the territory of other state, decide at the expense of the accepting organizations on the same conditions, as well as for the staff of the accepting organization.

This procedure is effective if other is not determined by the mutual arrangement of the cooperating organizations.

ARTICLE 9

This agreement does not affect the rights and obligations of the Parties following from other international treaties and the agreements signed by them.

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