Agreement on the 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

The member states of the Collective Security Treaty Organization, hereinafter referred to as the Parties,

Guided by the goals and principles of the Collective Security Treaty Organization (hereinafter - the CSTO),

Conscious of the importance of protecting the rights to the results of intellectual activity obtained and used in the field of military-economic cooperation in the framework of the CSTO,

based on the principles of equality and mutual benefit,

Taking into account the need to coordinate the efforts of the Parties and take effective measures to prevent and suppress offenses when using the results of intellectual activity in the course of military-economic cooperation,

agreed as follows:

Article 1

For this Agreement, the basic terms are used with the following meanings:

"military-economic cooperation" - the area of ​​interstate relations related to the interaction of national defense-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 in the course of military-economic (military-technical) cooperation, their implementation and / or the results obtained, regardless of the form representation;

"confidential information" - information that has real or potential commercial value due to its unknown to third parties, to which there is no free access on a legal basis and whose owner 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 attributable to the legislation of the Parties to military products;

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

"used results of intellectual activity" - the results of intellectual activity, the rights to which belong to one of the Parties 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" - 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, which, in accordance with the legislation of the Parties, have acquired the right to carry out foreign trade activities with respect to military products, and / or are developers and / or manufacturers of military products.

Article 2

The purpose of this Agreement is to create the conditions for the Parties to ensure the protection of rights to the results of intellectual activity obtained and used in the course of multilateral and / or bilateral military-economic cooperation in the territories of the Parties in accordance with their national legislation.

Article 3

The authorized bodies of the Parties for the implementation of this Agreement are:

from the Republic of Armenia - the Ministry of Trade and Economic Development of the Republic of Armenia;

from the Republic of Belarus - the State Military-Industrial Committee of the Republic of Belarus and the State Committee on Science and Technology of the Republic of Belarus;

from the Republic of Kazakhstan - the Ministry of Justice of the Republic of Kazakhstan;

from the Kyrgyz Republic - the State Patent Service of the Kyrgyz Republic ( Kyrgyzpatent ) and the Ministry of Industry, Energy and Fuel Resources of the Kyrgyz Republic;

from the Russian Federation - the Ministry of Justice of the Russian Federation;

from the Republic of Tajikistan - the Ministry of Economic Development and Trade of the Republic of Tajikistan;

from the Republic of Uzbekistan - the State Patent Office of the Republic of Uzbekistan.

In the event of a change in the authorized bodies, the Parties shall immediately inform the CSTO Secretariat through diplomatic channels.

The Parties and the authorized bodies of the Parties shall exercise control over the activities of the participants in military-economic cooperation to implement the provisions of this Agreement in the manner determined by the legislation of the Parties.

Article 4

Cooperation in ensuring the protection of rights to the results of intellectual activity in the course of multilateral and / or bilateral military-economic cooperation is carried out by:

coordination of issues related to the protection of the rights to used and obtained results of intellectual activity;

carrying out activities for the prevention and suppression of violations in the field of intellectual property;

the provision by one Party, at the request of the other Party, of regulatory legal acts governing the use of the results of intellectual activity;

exchange of experience and information on the protection of intellectual property rights;

exchange of experience in international cooperation and information on the participation of the Parties in other international treaties defining features of the protection of intellectual property;

implementation of other forms of cooperation agreed by the Parties.

Article 5

The rights to the obtained and used results of intellectual activity are distributed on the terms determined in the agreements (contracts) concluded by the participants of military-economic cooperation.

Article 6

When concluding agreements (contracts), participants in military-economic cooperation shall determine:

the results of intellectual activity, the creation, transfer or use of which is reasonably foreseen in the implementation of contracts (contracts);

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

the contribution of each participant, including the results of intellectual activity used;

obligations of the parties to ensure the legal protection of used and obtained results of intellectual activity;

the conditions and amount of use of the obtained results of intellectual activity in the territories of the Parties, as well as in the territories of third states;

the right of each participant to use confidential information and the obligation to ensure its protection;

the procedure and conditions for the transfer, exchange and / or publication of information on the results of intellectual activity obtained;

the conditions and procedure for the transfer of rights to the results of intellectual activity, the creation of which is assumed in the implementation of contracts (contracts) concluded in the course of military-economic cooperation;

the procedure for compensation for damage caused by the unlawful use of rights to the results of intellectual activity;

other conditions stipulated by the legislation of the Parties or by agreement between them.

Article 7

If one of the members of the military and economic cooperation suggests that the implementation of agreements (contracts) obtained intellectual property rights which are not protected by the legislation of one of the Parties, the participants of the military and economic co-operation and / or the competent authorities of the Parties shall consult on their guard.

Article 8

When concluding agreements (contracts), the participants of military-economic cooperation coordinate with the authorized bodies of the Parties issues related to the protection of rights to the results of intellectual activity.

Article 9

The participants of military-economic cooperation in contracts (contracts) provide that the application of the obtained and used results of intellectual activity is carried out only after ensuring their legal protection.

Article 10

The participants of military-economic cooperation do not produce or export from their territory to third states military products manufactured using the results of intellectual activity, the rights to which belong to another Party or participants of military-economic cooperation from this Party, without the written consent of the said Party.

Article 11

The participants of military-economic cooperation take measures for the legal protection of the results of intellectual activity obtained in the course of the implementation of agreements (contracts), or provide for a mode of confidentiality of information about such results.

When applying for the issuance of protection documents, participants in military-economic cooperation are guided by the following rule:

applications for issuance of security documents on the results of intellectual activity created in the territories of the Parties shall be submitted to the authorized bodies for the protection of intellectual property.

The issues of protection of rights to the results of intellectual activity obtained and used in the course of military-technical cooperation can be settled by separate international treaties.

Article 12

Transfer of obtained and used results of intellectual activity, including exclusive rights thereto, by one of the Parties or a participant in military-economic cooperation is carried out in accordance with the legislation of the Parties and international treaties to which the Parties are parties.

At the same time, the transfer of obtained and used results of intellectual activity, including exclusive rights thereto, to a third party by one of the Parties or a participant in military-economic cooperation is not allowed without the written consent of the Party with the rights to such results.

Article 13

Information on the results of intellectual activity received and used in the course of the implementation of contracts (contracts), recognized as confidential by one of the participants of military-economic cooperation, will be recognized as such by another participant.

Such information is specifically stipulated in the treaties (contracts) concluded by the participants of military-economic cooperation with the definition of practical measures and mutual obligations to ensure the confidentiality regime.

The procedure for mutual transfer of secret information and protection of information provided for in this 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.

Article 14

Changes and additions to this Agreement are made by mutual agreement of the Parties and are issued in separate protocols, which are an integral part of this Agreement, and enter into force in the manner provided for in Article 16 of this Agreement.

Article 15

Disputes and disagreements regarding the interpretation and application of the provisions of this Agreement shall be resolved through consultations and negotiations between the authorized bodies of the Parties concerned.

Article 16

This Agreement shall enter into force on the date of deposit with the depositary of the fourth notification of the implementation by the signatories of the Parties of the internal procedures necessary for its entry into force.

For the Parties that have completed domestic procedures later, this Agreement enters into force from the date of the delivery of the relevant documents to the depositary.

Section 17

This Agreement is valid for the duration of the Collective Security Treaty of May 15, 1992, unless the Parties agree otherwise.

Termination of this Agreement shall not affect the fulfillment of the obligations provided for in Articles 10 and 13 of this Agreement, unless the Parties agree otherwise.

Done in the city of Dushanbe on October 6, 2007 in one authentic copy in Russian. The original copy of this Agreement is stored in the CSTO Secretariat, which will send a certified copy to the Parties that have signed this Agreement.