Статья 13«Соглашение между Правительством Российской Федерации и Правительством Республики Зимбабве о взаимной охране результатов интеллектуальной деятельности и защите интеллектуальной собственности в ходе двустороннего военно-технического сотрудничества» [рус., англ.]

1. Настоящее Соглашение вступает в силу с даты подписания.

2. Настоящее Соглашение заключается на неопределенный срок и прекращает действие одновременно с Соглашением между Правительством Российской Федерации и Правительством Республики Зимбабве о военно-техническом сотрудничестве, подписанным 28 октября 2015 г.

3. В случае прекращения действия настоящего Соглашения остаются в силе обязательства, предусмотренные статьями 8 и 9 настоящего Соглашения, если Стороны не договорятся об ином.

В удостоверение чего должным образом уполномоченные представители Сторон подписали настоящее Соглашение.

Совершено в Москве 15 января 2019 г. в двух экземплярах, каждый на русском и английском языках, причем оба текста имеют одинаковую силу.

(Moscow, 15.I.2019)

The Government of the Russian Federation and the Government of the Republic of Zimbabwe, hereinafter referred to as «Parties»,

taking into account the Agreement between the Government of the Russian Federation and the Government of the Republic of Zimbabwe on Military-Technical Cooperation signed on October 28, 2015,

reaffirming the intent to fortify the friendly relations between the two States,

wishing to contribute to a better mutual understanding and cooperation in the field of Intellectual Property in the course of bilateral Military-Technical Cooperation,

expressing their interest in the need for coordination of the Parties' efforts and undertaking of effective measures in order to prevent and suppress any infringements with regard to Intellectual Property in the course of bilateral Military-Technical Cooperation,

adhering to the principles of equality and mutual benefit,

Definitions

The terms used in this Agreement shall be interpreted as follows:

1. «Intellectual Property» — shall be interpreted herein as described in Article 2 of the Convention establishing the World Intellectual Property Organization signed in Stockholm on 14 July, 1967.

2. «Results of Intellectual Activity» — scientific, engineering, technical and technological process solutions contained in the technical and scientific-and-technical documents, as well as within the Defence Products that are developed, produced and supplied in the course of bilateral Military-Technical Cooperation;

3. «Defence Products» — weapons, military equipment, works, services, Results of Intellectual Activity, including exclusive rights to such results (Intellectual Property) and information of military-technical domain, excluding information that can be published in mass media, scientific, literary and artistic works, advertising materials in accordance with the legislation of the State of either Party;

4. «Trade Secret (KnowHow)» — information of any kind (industrial, technical, economic, organizational and other) on the Results of Intellectual Activity within the scientific-and-technical domain and on the means of carrying out of professional activities that have actual or potential commercial value due to its not being known to third parties, provided that the third parties have no legitimate free access to it and that the owner of such information takes reasonable measures to ensure its confidentiality (including by means of the introduction of a commercial secret regime);

5. «Commercial secret» — regime of confidentiality with regard to information allowing its owner under existing or possible circumstances to increase revenues, to avoid unreasonable expenses, to secure its position on the market of goods, works and services or to obtain any other commercial benefits;

6. «Jointly developed Results of Intellectual Activity» — Results of Intellectual Activity developed during joint efforts in the course of bilateral Military-Technical Cooperation;

7. «Background Intellectual Property» — Intellectual Property, that is obtained outside the performance of works under the contract concluded in the course of bilateral Military-Technical Cooperation, belonging to the State of either Party, and/or its natural persons, and/or its legal entities, the use of which is necessary for the implementation of the contract;

8. «Confidentiality of information» — an obligation, which is binding to the person having access to certain information, not to disclose such information to third parties without its owner's consent;

9. «Jointly obtained Intellectual Property» — Intellectual Property obtained during joint efforts in the course of bilateral Military-Technical Cooperation;

10. «Authorized Entities» — legal entities of the State of either Party that are authorized under the legislation of their respective State to carry out foreign trade activities with regard to Defence Products;

11. «Contractors (Subcontractors)» — legal entities of the State of either Party that actually implement works under the contracts concluded by Authorized Entities.

Objective

The objective of this Agreement is that the Parties ensure the legal protection of the Results of Intellectual Activity and Intellectual Property protection in the course of bilateral Military-Technical Cooperation in accordance with the legislation of the States of the Parties and also in accordance with the international treaties to which the States of the Parties are members.

Competent Authorities

1. The Competent Authorities of the Parties for the implementation of this Agreement are as follows:

on the part of the Russian Party — Federal Service for Intellectual Property jointly with the Ministry of Defence of the Russian Federation;

on the part of the Zimbabwean Party — The Zimbabwe Intellectual Property Office (ZIPO) in conjunction with the Minister of Defence of the Republic of Zimbabwe.

2. In case of transfer of the powers related to implementation of this Agreement to other Competent Authorities or in case of change of the names of the Competent Authorities, the Parties shall notify each other thereof through diplomatic channels.

Interaction between the Parties

Interaction between the Parties within the framework of this Agreement shall be implemented by way of:

1. coordination on the issues related to the legal protection of the Results of Intellectual Activity and Intellectual Property protection;

2. implementation of measures for the prevention and suppression of infringements with regard to Results of Intellectual Activity and Intellectual Property;

3. sharing experience and information on the issues of the legal protection of the Results of Intellectual Activity and Intellectual Property protection, including within the framework of international cooperation between the States of the Parties;

4. provision, at the request of either Party, of the laws and regulations of the other Party's State governing the issues of use and legal protection of the Results of Intellectual Activity and Intellectual Property protection;

5. coordination of issues regarding transfer and use by the Parties of technologies (including in the interests of any third states, international organizations or in the interests of any other third party);

6. implementation of other forms of cooperation agreed upon by the Parties.

Contracts

In the contracts concluded in the course of bilateral Military-Technical Cooperation, the Authorized Entities shall provide for the clauses concerning the following:

1. distribution of the rights to the Jointly developed Results of Intellectual Activity and the revenues from the use thereof, with due consideration of the contribution (contributions) made by the State of either Party, and/or the Authorized Entities, and/or Contractors (Subcontractors);

2. obligations on legal protection of the Jointly developed Results of Intellectual Activity;

3. obligations on the protection of Background Intellectual Property and Jointly obtained Intellectual Property;

4. conditions and procedures for the use of the Results of Intellectual Activity and of the transfer of Intellectual Property within the territory of the State of each Party and on the territories of third states;

5. the rights of either Party, and/or Authorized Entities, and/or Contractors (Subcontractors) to use and transfer Trade Secrets (Know-How) and their obligations to ensure their protection;

6. the procedure regarding compensation of losses caused by the unlawful use of the Results of Intellectual Activity, as well as Intellectual Property and Trade Secrets (Know-How);

7. the procedure for settlement of disputes concerning the establishment of rights to the Results of Intellectual Activity;

8. the procedure for settlement of disputes concerning Intellectual Property;

9. the conditions and the procedure for the publication of the information on the Jointly developed Results of Intellectual Activity;

10. the conditions and the procedure for the provision and/or transfer of Background Intellectual Property and/or Trade Secrets (Know-How).

Background Intellectual Property

1. Conducting joint activities in the course of bilateral Military-Technical Cooperation shall not create any obligation for the States of the Parties, and/or their natural persons, and/or their legal entities to provide and/or transfer the Background Intellectual Property which they own.

2. The Background Intellectual Property may constitute the contribution of either Party, and/or Authorized Entities, and/or the Contractors (Subcontractors) to the joint activities in the course of bilateral Military-Technical Cooperation.

3. Provision and use of the Background Intellectual Property shall only be effected upon ensuring by the Parties, and/or Authorized Entities of legal protection thereof within the territory of the state where the use of such Intellectual Property is intended.

Jointly developed Results of Intellectual Activity

1. Based on the suggestions by the Contractors (Subcontractors), the Authorized Entities shall make by mutual agreement the decisions on the patenting of the Jointly developed Results of Intellectual Activity or on the protection of information contained in such Jointly developed Results of Intellectual Activity as Trade Secrets (Know-How).

2. The Parties, and/or Authorized Entities, and/or Contractors (Subcontractors) shall take measures for the non-disclosure of the information on the Jointly developed Results of Intellectual Activity until a decision is made concerning the form of protection thereof.

3. When determining the priority order of submitting the applications for the grant of the patents the Authorized Entities and/or Contractors (Subcontractors) shall be guided by the following:

1. applications for the grant of the patents for protectable Results of Intellectual Activity developed within the territory of the Russian Federation shall be submitted on a first priority basis to the federal executive authority for Intellectual Property of the Russian Federation;

2. applications for the grant of patents for protectable Results of Intellectual Activity developed within the territory of the Republic of Zimbabwe shall be submitted on a first priority basis to the Zimbabwe Intellectual Property Office (ZIPO).

4. In case of the development of the Results of Intellectual Activity containing any data, which qualifies as secret information in accordance with the laws and regulations of the State of either Party, the Authorized Entities shall hold consultations on the issue of its legal protection.

5. Distribution of the rights to the Jointly developed Results of Intellectual Activity and of the revenues from their use shall be carried out with due consideration of the contribution made by the State of either Party, Authorized Entities and/or Contractors (Subcontractors) to the joint activities in the course of bilateral Military-Technical Cooperation, including the Background Intellectual Property.

Measures for Intellectual Property protection

1. The Parties acknowledge that the Defence Products created, used or transferred in the course of bilateral Military-Technical Cooperation may contain and/or constitute Results of Intellectual Activity and/or Intellectual Property owned by the States of the Parties, and/or their natural persons, and/or their legal entities.

2. Each Party shall take necessary measures in accordance with the legislation of the State of such Party and international treaties to which the State of such Party is member in order to prevent and/or suppress transfer or provision to any third state, international organization, as well as third party of the Defence Products containing and/or constituting Results of Intellectual Activity and/or Intellectual Property owned by the State of the other Party, and/or their natural persons, and/or their legal entities, which is not provided for by the contracts.

3. Either Party, and/or Authorized Entities, and/or Contractors (Subcontractors) of the State of such Party shall not transfer or provide to any third state, international organization, as well as third party Intellectual Property owned by the State of the other Party, and/or its natural persons, and/or its legal entities without prior written consent of such other Party.

4. Either Party, and/or Authorized Entities, and/or Contractors (Subcontractors) of the State of such Party shall not carry out the modernization of the Defence Products (including in the interests of any third state, international organization, as well as any third party) without prior written consent of the other Party if the use of the Intellectual Property owned by the State of the other Party, and/or its natural persons, and/or its legal entities, is intended in the course of such modernization.

5. The procedure for mutual exchange and protection of data, which constitutes secret information of the Russian Federation and the Republic of Zimbabwe, shall be defined by a separate international agreement.

Trade Secrets (Know-How)

1. Conducting joint activities in the course of bilateral Military-Technical Cooperation shall not create any obligation for the States of the Parties, and/or their natural persons, and/or their legal entities to provide and/or transfer their background Trade Secrets (Know-How).

2. The receiving Party, and/or Authorized Entities, and/or Contractors (Subcontractors) of the State of such Party shall recognize and protect the Trade Secrets (Know-How), which are marked as such by the transferring Party, and/or Authorized Entities, and/or Contractors (Subcontractors) of the State of such Party.

3. Trade Secrets (Know-How) shall be treated in accordance with the legislation of the State of either Party.

4. The receiving Party, and/or Authorized Entities, and/or Contractors (Subcontractors) of the State of such Party shall grant to the data, which contains Trade Secrets (Know-How), a level of protection not lower than the level of protection ensured by the transferring Party, and/or Authorized Entities, and/or Contractors (Subcontractors) of the State of such Party.

5. Transfer and use of Trade Secrets (Know-How) shall only be effected once the measures are taken by the receiving Party, and/or Authorized Entities, and/or Contractors (Subcontractors) of the State of such Party for their protection.

6. Trade Secrets (Know-How) shall not be provided or transferred to a third state, international organizations, as well as to any third party without the prior written consent of the transferring Party, and/or Authorized Entities, and/or Contractors (Subcontractors) of the State of such Party.

7. Information jointly obtained by the Parties, and/or Authorized Entities, and/or Contractors (Subcontractors) shall be recognized as Trade Secrets (Know-How) by mutual agreement of the Parties and/or Authorized Entities.

Implementation of the Agreement

The Competent Authorities of the Parties shall develop the procedure for the implementation of this Agreement and control over the implementation thereof, which shall provide for the following:

1. monitoring the implementation of this Agreement, including visits of representatives of Competent Authorities of the Parties for the purpose of exercising control over the fulfillment by the Parties of their obligations in respect of the legal protection of the Results of Intellectual Activity and of Intellectual Property protection;

2. establishment, on a parity basis, of a Working Group to coordinate of the activities of the Authorized Entities and/or Contractors (Subcontractors), to provide consultation support to the Authorized Entities and/or Contractors (Subcontractors) in the domain of the legal protection of the Results of Intellectual Activity and of Intellectual Property protection in the course of bilateral Military-Technical Cooperation, to examine and prepare recommendations on the settlement of disputes between the Authorized Entities and/or Contractors (Subcontractors) in the said domain, to collect and consolidate information related to the implementation of this Agreement, as well as to elaborate of suggestions on the implementation of this Agreement;

3. elaboration of the recommendations in respect of the legal protection of the Results of Intellectual Activity and Intellectual Property protection in the course of the bilateral Military-Technical Cooperation;

4. conducting consultations for the purpose of the settlement of disputes between the Authorized Entities with regard to the Results of Intellectual Activity and Intellectual Property (including with regard to the issues relating to compensation for losses caused by unlawful use thereof);

Settlement of Disputes

1. If any disputes arise between the Contractors (Subcontractors) with respect to the Results of Intellectual Activity and/or Intellectual Property during joint efforts in the course of bilateral Military-Technical Cooperation, the Contractors (Subcontractors) shall turn to the Authorized Entity of the State of their respective Party for dispute resolution.

2. If the Authorized Entities fail to settle the disputes between the Contractors (Subcontractors) on their own, they shall engage the Working Group established in accordance with Article 10 of this Agreement or the Competent Authorities of the Parties to settle their disputes, or settle the arising disputes in a way provided for by the contracts concluded by them.

3. If any disputes arise between the Authorized Entities, they shall engage the Working Group established in accordance with Article 10 of this Agreement or the Competent Authorities of the Parties to settle their disputes, or settle the arising disputes in a way provided for by the contracts concluded by them.

4. Disputes between the Parties arising in connection with implementation and interpretation of this Agreement shall be settled by way of consultations and negotiations between the Competent Authorities of the Parties.

5. If such disputes cannot be resolved by the Competent Authorities of the Parties, the disputes shall be settled by way of conducting consultations and negotiations between the Parties.

Article 12

Amendments may be made to this Agreement, which shall be established in the form of separate protocols and shall constitute an integral part of this Agreement.

Article 13

Entry into Force and Termination

1. This Agreement shall enter into force on the date of its signing.

2. This Agreement shall be concluded for an indefinite period of time and shall be deemed terminated simultaneously with the Agreement between the Government of the Russian Federation and the Government of the Republic of Zimbabwe on Military-Technical Cooperation signed on October 28, 2015.

3. In case of termination of this Agreement, the obligations provided for by Articles 8 and 9 of this Agreement shall stay in force unless otherwise agreed upon by the Parties.

---