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

II. Allocation of rights

     1.  With  regard  to  possession  (if applicable), allocation and
exercise  of intellectual property rights, the Parties and cooperating
organizations shall apply the following basic principles of:
     a)  adequate protection of the results of intellectual activities
obtained and/or used within the framework of the Agreement;
     b)  due  consideration  of  corresponding  contributions  by  the
Parties and cooperating organizations when their rights to the jointly
created intellectual property are allocated;
     c) efficient use of intellectual property;
     d)  non-discrimination  with  respect  to  participants  in joint
activities;
     e) protection of business confidential information;
     f)  transfer  and  use  of  background intellectual property only
after  its  legal  protection  in  the territory of the State where it
shall be used is ensured;
     g)  mandatory  implementation by the Parties of measures aimed at
preventing,  identifying,  investigating and restraining infringements
with  regard  to  intellectual  property created by means of budgetary
allocations of the States of the Parties.
     2. With regard to the intellectual property created in the course
of  the  joint  activities,  the  Parties or cooperating organizations
shall  jointly  elaborate  a  plan  for  the assessment and use of the
results  either  before  the  beginning of their cooperation or within
reasonable  time  from  the  date  when  one  Party or its cooperating
organization  notifies the other Party or its cooperating organization
in writing of obtaining a result subject to protection as an object of
intellectual property.
     3.  Each Party or cooperating organization shall be entitled to a
non-exclusive,  irrevocable  and royalty-free license in all countries
to  translate, reproduce and publicly distribute articles, reports and
books  directly arising from the joint activities under the Agreement.
All  publicly  distributed  copies of copyrighted works prepared under
this  provision  shall  indicate  the  name  of the author of the work
unless the author explicitly declines to be named.
     4.  Rights  of visiting researchers, inventors and authors to all
types  of  intellectual property, other than those rights described in
paragraph 3 of this Section, shall be allocated as follows:
     1)  visiting researchers, inventors and authors of one Party, for
example,  scientists  visiting  cooperating  organization of the other
Party  primarily  in  furtherance  of  their  education  shall receive
intellectual   property   rights   under  the  policies  of  the  host
institution;
     2) (a) in relation to intellectual property rights created during
joint   research,   for   example,   when   the  Parties,  cooperating
organizations,  or their personnel have agreed in advance on the scope
of  work,  each Party, cooperating organization or a person from among
the  personnel  shall be entitled to obtain all rights and benefits in
its   country.  Rights  and  benefits  in  third  countries  shall  be
determined in separate agreements. If research is not defined as joint
research  in  separate  agreements,  rights  to  intellectual property
created  as  a result of the research shall be allocated in accordance
with subparagraph 1 of this paragraph;
     (b)  notwithstanding  subparagraph  (a)  of this paragraph, if an
object  of intellectual property is protected under the laws and other
statutory  acts  of the State of one Party, but is not protected under
the laws and other statutory Acts of the State of the other Party, the
Party  or  cooperating organization, the laws and other statutory Acts
of  the  State  which  provides such protection shall provide for such
protection  in  the  territory of its State on conditions agreed to by
the   Parties  or  the  cooperating  organizations  considering  their
respective contributions;
     (c)  persons  named  as inventors or authors shall be entitled to
awards, bonuses, benefits, or any other rewards in accordance with the
policies  of  the  cooperating  organization  of  the  Party obtaining
rights.