МЕЖДУ ПРАВИТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ И ПРАВИТЕЛЬСТВОМ ЮЖНО-АФРИКАНСКОЙ РЕСПУБЛИКИ О СОТРУДНИЧЕСТВЕ В ОБЛАСТИ ИССЛЕДОВАНИЯ И ИСПОЛЬЗОВАНИЯ КОСМИЧЕСКОГО ПРОСТРАНСТВА В МИРНЫХ ЦЕЛЯХ. Соглашение. Правительство РФ. 05.09.06

I. Scope

     1.  This  Annex  shall  be  applicable  to all types of the joint
activities pursuant to the Agreement, except as otherwise specifically
agreed by the Parties in written form.
     2.  This  Annex  regulates  the  allocation of rights between the
Parties  or  cooperating  organizations. Each Party and/or cooperating
organization  shall  ensure  that  the  other Party and/or cooperating
organization  can obtain the rights to intellectual property allocated
in  accordance  with  this  Annex through contracts, or, if necessary,
other  legal  means.  This Annex does not otherwise alter or prejudice
the  allocation of intellectual property rights between a Party and/or
cooperating  organizations  and nationals of its State, which shall be
determined by the laws and other statutory Acts of that Party`s State.
     3. The conduct of the joint activities under this Agreement shall
hot  affect the intellectual property rights of the Parties and/or the
cooperating organizations which have been acquired earlier or resulted
from  independent  activities  or  independent  research  (hereinafter
referred to as background intellectual property).
     The  Parties  shall,  in  accordance  with  the  laws  and  other
statutory  Acts  of  their  States,  promote  the  provision  of legal
protection   of   background  intellectual  property  of  the  Russian
Federation  and of the Republic of South Africa and/or the cooperating
organizations  of  both  Parties,  created by means of State budgetary
allocations,   and  shall  implement  measures  aimed  at  preventing,
identifying,  investigating  and restraining infringements with regard
to  such  intellectual  property.  The  transfer and use of background
intellectual  property  shall  be  effectuated  only  after  its legal
protection  in  the  territory  of the State where it shall be used is
granted  to it in accordance with the laws and other statutory Acts of
the States of the Parties.
     The  use  of  background  intellectual  property  rights shall be
determined  by  separate  agreements  between  the  Parties and/or the
cooperating organizations.
     4.  Disputes concerning intellectual property rights arising from
the  implementation  of the Agreement and separate agreements shall be
resolved   through   discussions  between  the  concerned  cooperating
organizations,  or, if necessary, the Parties or their designees. Upon
mutual  agreement of the Parties and/or the cooperating organizations,
disputes  shall  be submitted to arbitration for a binding decision in
accordance  with  the  generally  recognized principles and applicable
norms  of  international  law.  Unless  the Parties or their designees
agree  otherwise  in  written  form, the arbitration rules of UNCITRAL
shall govern.
     5.  Termination  or  expiration of the Agreement shall not affect
rights or obligations under this Annex.