RECOMMENDED

By the decision of the Interstate Commission for Military Economic Cooperation

Collective Security Treaty Organization
“About methodical recommendations

on the inclusion in treaties (contracts) of provisions relating to the provision of legal protection and conditions of use of the results of intellectual activity obtained and used in the course of military-economic cooperation in the framework of

Collective Security Treaty Organizations

from September 10, 2015

GUIDELINES

on the inclusion in treaties (contracts) of provisions

concerning the provision of legal protection and conditions for the use of the results of intellectual activity obtained and used in the course of military-economic cooperation in the framework of

Collective Security Treaty Organization

Real Methodical recommendations for inclusion in the agreements (contracts) provisions relating to the provision of legal protection and conditions for the use of intellectual property and used in the military and eco nomic Cooperation (hereinafter - Recommendations) prepared in order to implement the Agreement on mutual protection of rights to the results of intellectual activity obtained and used in the military and eco nomic cooperation within the Organization of the Collective Security Treaty of the 6 October 200 7 (hereinafter the Agreement).

Recommendations are intended for use as a methodological guide for participants and military economic cooperation States of Organization of th The Collective Security Treaty Organization, which according to the legislation s their states received the right to carry out foreign trade activities in relation to military products and concluded the relevant agreements (contracts) .

These Recommendations use basic terms that have the following meanings:

“Military-economic cooperation” is an area of ​​interstate relations related to the interaction of national defense ( military ) - industrial complexes in the development, production, modernization, repair, maintenance and utilization of military products, as well as diversification and conversion of military production;

“Intellectual property” is understood in the meaning specified in Article 2 of the Convention Establishing the World Intellectual Property Organization, signed in Stockholm on July 14, 1967, as amended on October 2, 1979;

“Information” - information about objects, facts, events, events and processes relating to the subject of contracts (contracts) concluded between the Parties to the Agreement in the course of military-economic (military-technical) cooperation, their execution and (or) the results obtained, regardless of the form of their presentation;

“Confidential information” - information that has real or potential commercial value due to its unknownness to third parties, to which there is no free access on a legal basis ,
and the owner of which takes measures to ensure its confidentiality;

“Military products” - weapons, military equipment, documentation, works, services, intellectual property, including exclusive rights to them (intellectual property) ,
and information in the field of military-economic and military-technical cooperation, as well as any other products attributed by the legislation of the Parties to the Agreement to military products;

"Results of intellectual activity" - scientific, design, technical and technological solutions contained in the technical and scientific-technical documentation, recorded on tangible media, as well as contained in prototypes, mock-ups of products obtained in the course of research and development and technological works;

“Used results of intellectual activity” - results of intellectual activity, the rights to which belong to one of the Parties to the Agreement    and (or) participants of military-economic cooperation necessary for the implementation of agreements (contracts) concluded in the course of multilateral and (or) bilateral military-economic cooperation;

“The results of intellectual activity” are the results of intellectual activity created in the course of multilateral and (or) bilateral military-economic cooperation;

"Participants of military-economic cooperation" - state bodies, enterprises, associations and organizations of the Parties to the Agreement, who, in accordance with the legislation of the Parties to the Agreement, have received the right to conduct foreign trade activities in relation to military products, and (or) being developers and (or) manufacturers of military products. "

The participants of military-economic cooperation may conclude agreements (contracts) containing elements of various types of obligations, including those relating to the results of intellectual activity, the terms of which must be in accordance with the Agreement.

Issues arising in the process of ensuring the legal protection of the results of intellectual activity in the course of military-economic cooperation may require additional organizational, procedural, legal and methodological settlement.

In this regard, if, due to the specifics of the proposed agreement (contract), it is not possible at its conclusion to fully determine all rights and obligations of participants in military-economic cooperation, it is advisable to provide for the possibility of concluding an additional agreement in the agreement (contract).

Among the main legal forms of military-economic cooperation related to the creation, transfer and use of the results of intellectual activity and stipulating a range of rights and obligations    specified participants include the following:

- delivery of military products;

- organization of licensed production;

- perform research and development (OCD);

- implementation of joint activities, including by creating    joint ventures for research, development and production of military products .

In view of the above, the main provisions were prepared for inclusion in The following types of contracts (contracts):

- for the supply of military products;

- on the organization of licensed production;

- to perform R & D (OCD);

- about joint activities.

The agreements (contracts) concluded in the course of military-economic cooperation with its participants regarding the results of intellectual activity should reflect the following issues:

- determination of the results of intellectual activity, creation, transfer    or the use of which is reasonably foreseen in the performance of an agreement (contract);

- the order of registration of rights to the results of intellectual activity;

- in the treasure of each party to the contract (contract) in the work performed, including used intellectual property;

- liabilities parties to the contract (contract) to ensure the legal protection of IP n olzuemyh and received results of intellectual activity;

- conditions and volume of use received results of intellectual activity On the territory s Parties and third countries ;

- the rights each of the parties to the contract (contract) on Use in Maintenance Confidential s Noy information and its duty to ensure its protection;

- n order and conditions of transfers and , exchange and (or) publication of information about received results of intellectual activity;

- The word and procedure for transferring rights to the results of intellectual activity , the creation of which is assumed in the performance of contract a (contract) concluded in the course of military-economic cooperation;

- procedure for compensation for damage caused by the unlawful use of the results of intellectual activity.

1. Results of intellectual activity, creature, Transferring or the use of which is reasonably foreseen when performing the contract and the (contract a )

Before signing a contract (contract) the participants of military-economic cooperation should determine the list of results of intellectual activity, which is, they are supposed to use .

In the contract (contract) You must be marked with all the used result s intellectual activity whose use as well transfer or alienation right to which e Anticipating I tsya during its execution.

At the same time, it is necessary to determine the ratio of the rights of each of the parties to an agreement (contract) to the used results of intellectual activity in the total amount of rights to the results of intellectual activity, as well as the conditions and procedure for exercising the rights to the used results of intellectual activity.

If to fulfill an agreement (contract) it is necessary to use the results of intellectual activity and confidential information belonging to third parties, then before entering into an agreement (contract), its participants should define provisions establishing the procedure for acquiring rights to such results and (or) confidential information.

At the same time, the parties to the agreement (contract) must conclude with the owner of the rights to these results of intellectual activity a corresponding agreement in which to reflect the issue related to payments for the use of these results.

2. The procedure for registration of rights to the results intellectual activity

The main condition for the use of the results of intellectual activity in the economic turnover is that they have appropriate legal protection.

Parties to the agreement (contract) it is required to limit further actions in relation to the results of intellectual activity, the expediency of their patenting or storing information about them in the mode of confidential information.

The rights to the obtained results of intellectual activity in accordance with the terms of the agreement (contract) may belong as one of the Parties. Agreement , one of the parties to the contract (contract), and together.

In this case, the parties to the agreement (contract) determine the possibility of legal protection of such results. All decisions regarding the legal protection of the results of intellectual activity in their states are taken by themselves parties to the contract (contract) in accordance with national legislation, and in the case of co-patenting in third states, in agreement with the authorized bodies of the Parties to the Agreement.

A separate point requiring mandatory reflection in the contract (contract) is to prioritize filing applications for issuance of security documents for the results of intellectual activity. it due to the fact that in patent laws of many countries there is a requirement to submit the first patent application to the national patent department.

When submitting such applications, the parties to the agreement (contract) should be guided by the Agreement, whereby applications for issuance of security documents for the results of intellectual activity are primarily submitted to those authorized bodies for the protection of intellectual property objects in the territory of which these results were created.

In cases when legal protection of the obtained results of intellectual activity cannot be provided by the legislation of the state of one of the parties to the agreement (contract), another party provides, on terms agreed between the parties to the contract (contract), the legal protection of intellectual property in its state (if the legislation of his state provides for such protection).

In addition, in the contract (contract) it is necessary to fix the obligations of the parties to the agreement (contract) in relation to the costs of providing legal protection, including the conduct of patent research, payment of patent attorney services, possible costs of foreign patenting, as well as the maintenance of patents in force.

If one of the parties to the contract (contract) declare his disinterest in ensuring the legal protection of the results of intellectual activity, then another party to the agreement (contract) shall be entitled to exercise such protection in respect of these results at their own expense.

The decision on early termination of the security document on the result of intellectual activity, received jointly , each of parties to the contract (contract) accepts after consultation with another (them) of his party ( s ) .

The decision to use such results for other purposes is taken by mutual agreement of the parties to the agreement. (contract).

3. Determination of the contribution of each of s party of the contract (contract)

in the work in progress him implementations including

used by intellectual property

When concluding an agreement (contract), it is necessary to include provisions regarding the contribution (economic, scientific, technological, creative, including the used results of intellectual activity and confidential information) of each of its participants to the work performed.

The rights to the used results of intellectual activity can be taken into account in the contract (contract) as the contribution of their owner to the overall work, in proportion to which the income from the realization of the results of intellectual activity will be distributed.

At the same time, the valuation of rights to the results of intellectual activity is important, as further the question arises about the distribution of rights to the results of intellectual activity, taking into account the contributions of the parties to the contract (contract).

4. Party s commitments contract to ensure

legal protection of used and obtained results

intellectual activity

AT contract e (contract e ) him from private owner s It should be provided that the application of the used results of intellectual activity can be carried out only after granting them legal protection in the territory Togo States where the application of these results is expected .

Party to the agreement (contract), claiming its rights to the used results of intellectual activity, must confirm them by submitting relevant patents, certificates and other title documents (for example, an order introducing a trade secret regime) and guarantee their patent purity.

In addition, each of the parties to the contract (contract) obliged take steps to prevent unforeseen contract (contract) application of the used results of intellectual activity, the rights for which belong to the other Party to the Agreement or to another of its participants.

Intentions, opportunities and obligations of parties to the contract (contract) ensure the necessary legal protection of the results of intellectual activity must be taken into account in the contract (contract) in the allocation of rights to the results of intellectual activity.

5. Conditions and use received result s

intellectual activity in the territories of the Parties

as well as in the territories of third states

Minimum volume rights that each contractor must have (contract) in relation to the results of intellectual activity , should be the right of each of the parties to the contract (contract) use such results for your own needs and needs of their state, unless otherwise provided by the contract (contract).

At the same time, the Parties to the Agreement should have the right to use the obtained results of intellectual activity for state needs free of charge.

In the contract (contract) is necessary provide for the emergence of rights to one of parties to the contract (contract) , if the other party to an agreement (contract) who is committed to ensuring the legal protection of intellectual property, does not fulfill them.

6. Rights of each of the participants contract a (contract a )

on the use of confidential information

and his duties    to ensure her of protection

Storing information about the results of intellectual activity in the mode of confidential information can be used in relation to scientific, scientific, technical, design and technological documentation and information, working materials, as well as individual technological objects.

Obligations of each of the parties to the agreement (contract) to ensure the confidentiality of information should be a prerequisite of contracts (contracts) concluded in the course of military-economic cooperation, since otherwise confidential information cannot be protected from illegal use by third parties and will lose its commercial value.

Information about results of intellectual activity , recognized as confidential by him of of the participants contract a (contract and ) Prizna etsya as such th and friend to them party to contract a (contract a ). 

The amount of information recognized as confidential is determined in the agreement (contract) directly by its participants or in an annex to the agreement (contract), which is its integral part. To confidential information in the contract (contract) can be attributed information relating not only to the results of intellectual activity, but also the subject of the contract, as well as its implementation. The parties to the agreement (contract) shall agree in advance on the need to keep secret the fact of cooperation or other information about cooperation. 

In an agreement (contract), information recognized by its participants as confidential for this agreement (contract) must be properly marked. Responsibility for such a designation lies with the party to the agreement (contract) that possesses such information and requires respect for its confidentiality. 

In addition, the contract (contract) must specify the obligations of its participants to protect the confidentiality of information, the conditions and procedure for accessing it, responsibility for violating the confidentiality of information, the period of confidentiality of information, etc. 

Each party to an agreement (contract) ensures confidentiality of information in accordance with the Agreement, the laws of its state, as well as in accordance with the conditions specified in the agreement (contract). 

The parties to the contract (contract) should take all necessary measures to comply with the obligations to preserve the confidentiality of information when admitting its staff, contractors and subcontractors. 

The transfer of confidential information must be documented.

If necessary, a separate confidentiality agreement may be concluded between the parties to the agreement (contract) . 

7. The procedure and conditions for the transfer, exchange and (or) publication of information 

about the results of intellectual activity 

The agreement (contract) should also define the conditions for the possibility of dissemination of information regarding the results of intellectual activity obtained in the course of work under the agreement (contract) in the course of military-economic cooperation. 

Such conditions may include:

- the procedure for informing about the obtained results of intellectual activity by one party to an agreement (contract) of another party to an agreement (contract);

- the procedure for transferring information about the results of intellectual activity to a third party;

- the obligation to publish information about the results of intellectual activity obtained by mutual agreement of the parties to the agreement (contract). 

Each of the participants in joint activities has the right to translate, reproduce and publicly disseminate for non-commercial purposes scientific and technical articles, lectures (reports), books, and other literary and scientific works that are the direct result of a contract (contract), provided that they are not classified parties to the contract (contract) to confidential information. 

The procedure for mutual transfer of secret information and protection of information provided for in the Agreement is determined by the Agreement on the mutual security of secret information in the framework of the Collective Security Treaty Organization of June 18, 2004 year

8. Conditions and the procedure for transferring rights to the results of intellectual activity , the creation of which is supposed to 

agreement a (contract) concluded in the course of military-economic cooperation

One of the key provisions defining the procedure for transferring rights to the results of intellectual activity is the obligations of the parties to the agreement (contract) to prevent the use of the results of intellectual activity belonging to the other Party to the Agreement or another party to it for purposes not provided for by the agreement (contract).

In this regard, the contract (contract) should stipulate encumbrances that apply to the rights of its participants to transfer the rights to the results of intellectual activity.

9. Damage compensation procedure

caused by misuse

results of intellectual activity

The contract (contract) must contain provisions establishing the responsibility of the parties to the contract (contract) for the unlawful use of the results of intellectual activity, as well as the procedure for compensation for damage.

The agreement (contract) by its participants determines the procedure for calculating the amount of damage and its compensation , which will be paid by the party to the agreement (contract) if it violates the conditions for using the results of intellectual activity and the requirements for maintaining the confidentiality of information owned by another Party or another participant contract (contract) . 

Provisions recommended to participants of joint activities for inclusion in contracts (contracts) are presented in the Annex.

application

I.        Provisions recommended for inclusion in the contract (contract) for the supply of military products 

1. The Parties * recognize that military products supplied in the interests of one of the (several) Parties during the execution of this contract contain the results of intellectual activity, the rights to which belong to the state of which the Supplier is a resident * and / or legal and (or) physical persons of this state.  

2 Legal protection , disposal and protection of the rights to results of intellectual activities are carried out in accordance with the agreements it  about mutual protection of rights to the results of intellectual activity obtained and used in the military economy Cesky cooperation within the Organization of the Collective Security Treaty of the 6 October 200 7 year and legislation of the States of the Parties. 

3 Buyer * undertakes to:

- not to carry out, without the prior written permission of the Supplier, modernization and (or) modification of military products supplied under this contract (contract), including in the interests of third states, their legal and (or) individuals or international organizations, as well as in the interests of any other third party using the results of intellectual activities , belonging to the state of residence of the provider, businesses and / or individuals that state; 

- take measures aimed at the prevention of offenses in relation to rights to the results of intellectual activity, the rights to which belong to the state, the resident of which is the Supplier, legal and (or) individuals of that state, as well as to prevent the unlawful production and distribution of products containing such results. 

4. The parties agreed that information on the results of intellectual activity, recognized as confidential by the Supplier, is recognized and protected as such by the Buyer .    

Handling of confidential information is carried out by the Parties in accordance with the legislation of their state. 

The buyer who received such information takes measures to ensure its protection at a level not lower than the level of protection provided by the Supplier. 

Transfer by Supplier to Buyer and Buyer use confidential information is carried out only after the Buyer takes the necessary measures to protect it.

Confidential information is not disclosed and not transmitted by the Purchaser to a third state, its legal and (or) individuals or international organizations, as well as to any other third party without the prior written permission of the Supplier.

5. In the event that the Buyer, by its action (inaction) in the course of the execution of this contract (contract), violated the conditions for using the results of intellectual activity, the rights to which belong to the state of which the Supplier is a resident, legal entities and / or individuals of that state, and which caused causing damage to the Supplier, the Buyer shall indemnify the Supplier for the damage caused within ________ from the date of receipt of the claim for compensation on the basis of a documented Calculating the damage suffered. 

______________________________________

* For the purposes of this contract (contract), the terms “Supplier”, “Buyer ” are used, collectively referred to as “Parties”     

II. Provisions recommended for inclusion in the contract (contract)

on the organization of licensed production

1. Legal protection , disposal and protection of rights to intellectual activity results, transferable ie under this agreement (contract) , carried out by the Parties * according  with Agree eat about mutual protection of rights to the results of intellectual activity obtained and used in the military economy Cesky cooperation within the Organization of the Collective Security Treaty of the 6 October 200 7 year and legislation of the States of the Parties. 

2 Licensee * undertakes not without the prior written consent of the Licensor * modernization and (or) modification of technical (legal, technical, design, engineering, technology, production, software, instructional and methodological) documents transmitted under this agreement (contract), comprising: first results s intellectual activity , including in the interests of a third of their states, their legal entities and (or) individuals or international organizations, as well as in the interests of any other third l tsa, if in the course of this modernization and (or) the modification is supposed to use results of intellectual activity  , the rights to which belong to the state, the resident of which is the Licensor, and (or) legal, and (or) individuals of that state .

3 The licensee is obliged to carry out measures aimed at preventing, identifying and preventing the unlawful use of the results of intellectual activity, the rights to which belong to the state of which the Licensor is a resident and / or legal and (or) individuals of that state. 

4. In the event that claims or claims are filed against the Licensee in connection with the violation of the rights of third parties due to the use of the license under this Agreement, the Licensee shall notify the Licensor on this date __________.

The licensee in agreement with the Licensor undertakes to take part in the settlement of such claims, including in court.

5. The Parties agreed that information on the results of intellectual activity used, recognized as confidential by the Licensor, is recognized and protected as such by the Licensee. 

Handling of confidential information is carried out by the Parties in accordance with the legislation of their state. The Licensee shall take measures to ensure the protection of confidential information at a level not lower than the level of protection provided by the Licensor. 

Transfer by the Licensor and use by the Licensee confidential information is carried out only after the Licensee takes the necessary and sufficient measures to protect it.

Confidential information is not disclosed and is not transmitted by the Licensee to any third party without the prior written permission of the Licensor.

______________________________________

* For the purposes of this agreement (contract), the terms “Licensor”, “Licensee” are used, collectively referred to as “Parties”.

III. Provisions recommended for inclusion in the contract (contract)

to perform research and development (OCD)

1. Distribution, assignment, legal protection, disposal and protection of rights to the results of intellectual activity created under this agreement (contract) shall be carried out by the Parties * in accordance  with Agree eat about mutual protection of rights to the results of intellectual activity obtained and used in the course of military- economic cooperation within the framework of the Collective Security Treaty Organization from  6 October 200 7 year and legislation of the States of the Parties . 

2 The rights to the results of intellectual activity obtained under this agreement (contract) belong to ________. 

3 The Contractor shall:

- coordinate with the Customer the necessity and conditions for the use of the results of intellectual activity belonging to the Contractor; 

- coordinate with the Customer the need and conditions for the acquisition of rights to use the results of intellectual activity owned by third parties; 

- coordinate with the customer the need and conditions for attracting co-contractors;

- transfer to the Customer the results of intellectual activity without violating the exclusive rights of third parties. 

4. The Contractor undertakes, in the event of claims by third parties with respect to the results of intellectual activity, including those claims that will be made to the Customer, to settle the claims and (or) disputes. 

In case of claims from third parties, the Parties no later than ____ days from the date of the written receipt to the Contractor (Customer) of such claims inform each other about the filing of these claims and (or) the occurrence of disputes in writing, including by fax and (or) electronic communication.

5. The parties shall ensure the observance of the confidentiality of information on the results of intellectual activity until a decision is made to terminate the confidentiality of such results or to ensure their patent protection. 

6 The parties agreed that information on the results of intellectual activity, recognized as confidential by one of the Parties, is considered confidential and is protected as such by the other Party. 

Handling of confidential information is carried out by the Parties in accordance with the legislation of their state. The Party receiving such information shall take measures to ensure its protection at a level not lower than the level of protection provided by the transmitting Party. 

Transfer by one of the Parties and use by the other Party confidential information is carried out only after the other Party takes the necessary and sufficient measures to protect it.

Confidential information is not disclosed and is not transmitted by the host Party to a third state, its legal and (or) individuals or international organizations, as well as to any other third party of its state without the prior written consent of the transferring Party.

______________________________________

* For the purposes of this contract (contract), the terms Customer, Contractor, collectively referred to as the Parties, are used.

IV. Provisions recommended for inclusion in the agreement (contract) on joint activities

1. The implementation of joint activities does not affect the rights to use the results of intellectual activity that were obtained by the Parties * prior to the start of joint activities or were the result of their independent activities or independent research. 

2 Distribution, binding, legal security, order and protection of rights on the result s of intellectual activity obtained during the implementation is current of the contract and the (contract) , carried  By the parties according with Agree eat about mutual protection of rights to the results of intellectual activity obtained and used in the course of military- economic cooperation within the framework of the Collective Security Treaty Organization,  6 October 200 7 g , and the legislation of the Parties. 

3 If the prospect of Av on the obtained results s intellectual activity are assigned to one of the party s joint venture , the other venturer  It has right at their free e using e . 

If the rights to the obtained results of intellectual activity belong to the Parties jointly, then the disposal of such rights is exercised by agreement between them.    

4. Each of the participants in joint activities has the right to translate, reproduce and publicly disseminate for non-commercial purposes scientific and technical articles, lectures (reports), books, and other literary and scientific works that are the direct result of this agreement (contract), provided that they are not referred by the parties to confidential information. 

5. Applications for issuance of protection documents for the results of intellectual activity are submitted , first of all, to the authorized bodies for the protection of intellectual property objects of the state participating in joint activities, in whose territory such results were created. 

6 The distribution of income from the use of the results of intellectual activity is carried out in accordance with the contribution of each of the participants of joint activities in their creation, including the used results of intellectual activity, and is determined by an additional agreement to this agreement (contract), which is within _______ after the creation of the results of intellectual activity on this contract (contract). 

7 The parties shall carry out activities aimed at preventing, detecting and preventing the unlawful use and dissemination of the results of intellectual activity. 

eight. The parties guarantee compliance with the confidentiality of information on the results of intellectual activity until an agreed decision is made to terminate the confidentiality of such information or prior to the patent protection of these results.

9. Legal protection of the obtained results of intellectual activity is carried out by agreement of the Parties in the territory of the states where such legal protection is possible and expedient, based on the interests of the joint activity.

10. The parties agreed that information on the results of intellectual activity, recognized as confidential by one participant in a joint activity, is considered confidential and is protected as such by another participant in a joint activity. 

Handling of confidential information is carried out by the Parties in accordance with the legislation of their state. A participant in a joint activity who has received such information takes measures to ensure its protection at a level not lower than the level of protection provided by the transmitting participant in the joint activity. 

Transfer by one participant of a joint activity and use by another participant of a joint activity confidential information is carried out only after the adoption by the other participant of the joint activity of necessary and sufficient measures for its protection.

Confidential information is not disclosed and is not transmitted by the host participant of a joint activity to a third state, its legal and (or) individuals or international organizations, as well as to any other third party without the prior written consent of the transferor of the joint venture.

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* For the purposes of this agreement (contract), the term “joint venturer” is used, collectively referred to as “Parties”.