"intergovernmental agreement with Russia" means the
Agreement between the Government of Australia and the Government of the
Russian Federation on Cooperation in the Field of the Exploration and Use Of
Outer Space for Peaceful Purposes done at Canberra on 23 May 2001 the
English text of which is set out in Schedule 6, and includes that
Agreement as amended from time to time in relation to Australia.
4 After Part 5
Insert:
Part 5A—Implementation of space
cooperation agreements
79A Implementation of intergovernmental agreement
with Russia
- (1)
- Regulations may be made for and in relation to giving effect
to one or more provisions of the intergovernmental agreement with Russia.
- (2)
- Regulations under subsection (1) must not come into operation on a
day earlier than the day on which the agreement enters into force in
Australia.
79B Regulations may amend Schedule
Regulations may be made to amend Schedule 6 for the purposes of ensuring
that Schedule 6 correctly sets out the English text of the
intergovernmental agreement with Russia as in force from time to time.
5 After paragraph 108(2)(a)
Insert:
- (aa)
- giving effect to specified space
cooperation agreements; and
6 At the end of the Act
Add:
Schedule 6—Agreement between the Government of Australia and the
Government of the Russian Federation on Cooperation in the Field of the
Exploration and Use of Outer Space for Peaceful Purposes
Note: This is the copy of the Agreement referred to in the definition of
intergovernmental agreement with Russia in section 8 of this Act.
THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION,
hereafter referred to as the Parties,
EXPRESSING a common desire for the
development of long term cooperation in the exploration of outer space and the
application of space equipment and technologies for the benefit of the peoples
of both countries,
CONSIDERING that the expansion of such cooperation gives
rise to new practical requirements for the organisational and legal regulation
of relations between its participants,
RECOGNISING the significant potential
mutual benefits from encouragement and development of cooperation in
commercial space activities,
ACCORDING due significance to the elaboration of
coordinated measures aimed at facilitating future forms of industrial,
economic and commercial activities and business partnerships in the space
field, including fair and mutually beneficial trade practices and procurement
methods,
REAFFIRMING their commitment to enhancing the peaceful use of outer
space through regional and global cooperation,
TAKING into consideration the
Treaty on Principles Governing the Activities of States in the Exploration and
Use of Outer Space, including the Moon and other Celestial Bodies, of
27 January 1967, as well as other multilateral treaties regulating the
use of outer space in which both Australia and the Russian Federation
participate.
HAVE AGREED on the following:
Article 1
Purpose
The purpose
of this Agreement is to promote creation of an adequate organisational and
legal basis for mutually beneficial cooperation in specific areas of joint
activity relating to the exploration and use of outer space and the practical
application of space equipment and technology for peaceful purposes,
particularly by:
a) creating a framework for commercial and other activities
related to the launching of space apparatus;
b) encouraging scientific
research and cooperation, and joint activities in design, development,
production, testing and operation of space equipment;
c) promoting mutual
exchanges of relevant technologies, expertise, equipment and material
resources; and
d) providing conditions for the conclusion of subsequent
agreements and arrangements relating to activities pursuant to this Agreement.
Article 2
Applicable Law
Cooperation pursuant to this Agreement shall be
carried out in accordance with the domestic law and regulations of the States
of the Parties, in observance of generally recognised norms and principles of
international law and without prejudice to the fulfilment by the Parties of
obligations under other agreements in which they participate.
Article 3
Cooperating Agencies and Organisations
1. The Competent Agencies responsible
for the development and coordination of cooperation pursuant to this Agreement
shall be: the Department of Industry, Science and Resources on behalf of the
Government of Australia, and the Russian Aviation and Space Agency on behalf
of the Government of the Russian Federation. Where necessary, either of the
Parties may, upon agreement of the other Party by means of written
notification through diplomatic channels, appoint another department or agency
as the Competent Agency.
2. In accordance with the domestic law and
regulations of their States, the Parties may, upon mutual agreement, authorise
other departments and agencies to carry out specialised activities within the
framework of this Agreement. Competent Agencies may, within their authority
and upon mutual agreement, appoint or involve relevant organisations in such
specialised activities.
Article 4
Areas of Cooperation
Cooperation pursuant
to this Agreement may be carried out in such areas as:
a) the scientific
exploration of outer space, including the physics of solar and terrestrial
links, radioastronomy, high energy astrophysics and the study of the planets;
b) remote sensing and monitoring of the Earth from space;
c) materials
processing in space;
d) space medicine and biology;
e) space communications
and information technologies;
f) satellite navigation systems and
technologies;
g) research, development and design, manufacturing and
operational works related to automated apparatus and manned systems, as well
as to the corresponding ground equipment;
h) industrial and commercial
applications of spin-off results of the use of space equipment and technology;
i) research on matters relating to the protection of the outer space
environment; and
j) as a long term aim, the creation on the territory of
Australia of an international cosmodrome for the launch of payloads into outer
space using Russian launch vehicles.
Additional areas of cooperation and
joint activity shall be determined by mutual agreement between the Parties or
their Competent Agencies, as the need arises.
Article 5
Forms of Cooperation
1. Organisational, financial, legal and technical conditions for the
accomplishment of specific programs and projects of cooperation shall be the
subject of separate agreements between the Competent Agencies, and
departments, agencies and organisations referred to in Article 3.2 of this
Agreement or, when necessary, and taking into consideration the international
obligations of both Parties, of direct agreements between the Parties,
particularly with respect to the regulation of joint activity relating to the
conduct of commercial operations and outer space launches.
2. The Parties,
their Competent Agencies, and departments, agencies and organisations referred
to in Article 3.2 of this Agreement shall, in pertinent cases, on the basis of
separate agreements, facilitate the establishment and development of
cooperation in the areas provided for in this Agreement with the participation
of other specialised state or private organisations, including those of third
countries as well as international organisations.
3. Cooperation pursuant to
this Agreement may be carried out in such forms as:
a) planning and
implementation of joint projects using scientific, experimental and industrial
bases;
b) mutual provision of scientific and technological information,
expertise, experimental data, results of experimental design works, materials
and equipment in various fields of space science, equipment and technology;
c) development and manufacturing of space apparatus and instruments;
d) use
of ground objects and systems for securing launches and control of space
apparatus, including the collection and exchange of telemetric information;
e) organisation of programs for the training of personnel and the exchange of
scientists, technical and other specialists;
f) conducting joint symposia and
conferences;
g) development of various forms of partnership and joint
activity in the international market for space technology and services,
including activity associated with commercial space launches;
h) provision of
technical assistance in the field of joint space research; and
i) mutual
facilitation of access to government programs for the practical application of
technological innovations and for the promotion of industrial and economic
development, as well as to corresponding international programs aimed at the
development of an outer space infrastructure.
Additional forms of cooperation
and joint activity shall be determined by mutual agreement between the Parties
or their Competent Agencies, as the need arises.
4. The Parties or Competent
Agencies may, if necessary, establish working groups by mutual arrangement for
the purposes of implementing programs and specific activities, as well as
elaboration of organisational methods and legal means of development of
cooperation pursuant to this Agreement.
Article 6
Financing
1. The
financing of joint activity conducted pursuant to this Agreement within
government policy in the field of exploration and use of outer space shall be
done by the Parties in accordance with the norms and rules in force in their
States as regards budget regulation and, if not otherwise provided for in
separate contracts, subject to the availability of funds allocated for that
purpose.
2. The Competent Agencies, and departments, agencies and
organisations referred to in Article 3.2 of this Agreement shall be
responsible for funding those works and types of activities within the
framework of this Agreement that were assigned to each of them by mutual
agreement between the Parties or direct arrangements between these
departments, agencies and organisations.
3. The financing of joint activity
falling outside budgetary allocations and/or governmental programs shall be
the responsibility of the relevant participants to such activity and may be
set out in the separate agreements referred to in Article 5.1 of this
Agreement.
Article 7
Intellectual Property
1. The Parties shall ensure
protection of intellectual property, created or provided within the framework
of this Agreement, in accordance with their respective international
obligations, and the domestic law and regulations of their States.
2. The
Parties, their Competent Agencies, and departments, agencies and organisations
referred to in Article 3.2 of this Agreement shall define, in separate
agreements referred to in Article 5.1 of this Agreement, the conditions and
principles to be observed with regard to intellectual property used in and/or
resulting from joint activity pursuant to this Agreement, guided by the norms
and principles set out in the Attachment to this Agreement, which is an
integral part thereof.
3. In the absence of separate agreements as defined in
paragraph 2 of this Article, the Competent Agencies, and departments, agencies
and organisations referred to in Article 3.2 of this Agreement shall apply the
norms and principles set out in the Attachment to this Agreement.
Article 8
Exchange of Information
1. Scientific and technical data and information
obtained in the course of conducting joint activities shall be accessible to
both Parties, their Competent Agencies, and departments, agencies and
organisations referred to in Article 3.2 of this Agreement and be transmitted
as soon as practicable.
2. The Parties through their Competent Agencies shall
facilitate the mutual exchange of information relating to joint activities
pursuant to this Agreement and to the basic directions of their national space
programs, subject to the principles contained in the Attachment to this
Agreement in the case of exchange of confidential information.
3. No
information requiring protection in the national security interests of the
States of the Parties and classified in accordance with the domestic law and
regulations of the States of the Parties, shall be transmitted under this
Agreement.
Article 9
Protection of Property
Each Party shall ensure the
observance of the interests of the other Party, its Competent Agency, and
departments, agencies and organisations referred to in Article 3.2 of this
Agreement pertaining to the legal protection of their property located on the
territory of its State pursuant to activity conducted within the framework of
this Agreement including, in relevant cases, and when agreed to by the
Parties, immunity of mutually specified categories of goods from any seizure
or executive action .
Article 10
Liability
1. In the interests of
encouraging the development of joint activities pursuant to this Agreement,
without prejudice to separate agreements which may be entered into by the
Parties to take into account the particular needs and specific circumstances
of pursuing certain programs and projects of cooperation, and without
prejudice to the international obligations of the Parties, including under the
Convention on International Liability for Damage Caused by Space Objects of
29 March 1972 (Liability Convention), the obligations of the Parties to
each other in relation to liability and indemnity shall be in accordance with
this Article.
2. The Parties may agree on additional or alternative
principles regarding liability in separate agreements as between themselves,
which may include, but not be limited to, apportionment of liability and
indemnity for damage, to be applied generally or in relation to specific types
of joint activity. Such agreements may include, amongst others, descriptions
of relevant equipment, procedures of investigation and submission of claims.
3. For the purposes of this Article:
a) "protected activity" shall mean any
activity within the framework of this Agreement which, by mutual written
agreement between the Parties and with the consent of their Competent
Agencies, and departments, agencies and organisations referred to in Article
3.2 of this Agreement is performed in accordance with the principle of
cross-waiver of liability;
b) "damage" means:
(1) bodily injury to, or any
other impairment of the health of, or death of, any person;
(2) damage to,
loss of, or loss of use of any property;
(3) loss of revenue or profits; or
(4) other direct or indirect damage;
c) "Party" means either of the Parties
and includes, in this Article, their Competent Agencies, and departments,
agencies and organisations referred to in Article 3.2 of this Agreement;
d)
"related entity" means:
(1) a contractor or subcontractor of a Party at any
tier;
(2) a user or customer of a Party at any tier; or
(3) a contractor or
subcontractor of a user or customer of a Party at any tier.
The term "related
entity" may, subject to appropriate arrangements, also include organisations
or institutions of a third State, when such organisations or institutions have
the same relations with the Parties as described in "d(1)", "d(2)", or "d(3)"
above, or are otherwise involved in the protected activity. The terms
"contractors" and "subcontractors" may include suppliers of any kind.
4. In
respect to a protected activity, each Party agrees to a cross-waiver of
liability and, accordingly, each Party waives any claims for damages against
the other Party, related entities of the other Party and employees of the
other Party or employees of related entities of the other Party, whatever the
legal basis for such claims, including, amongst others, claims under the
Liability Convention or other claims under international law or claims in
contract.
5. This cross-waiver of liability shall apply only if the Party,
related entities, employees or property causing the damage and the Party,
related entities, employees or property suffering the damage, are
participating or being used, respectively, in a protected activity.
6. Each
Party shall extend the application of the principle of cross-waiver of
liability to its related entities through contract or other means.
7.
Notwithstanding paragraphs 4, 5 and 6 of this Article, this cross-waiver of
liability shall not be applicable to:
a) claims between a Party and its own
related entities or claims between its own related entities;
b) claims made
by a natural person not falling within the definition of a related entity,
his/her estate, survivors, or subrogees in connection with indemnifying damage
for bodily injury or any other damage to such natural person or his/her death;
c) claims for damage caused by wilful misconduct;
d) intellectual property
claims.
8. Nothing in this Article shall be construed to create the basis for
claims or suits where none would otherwise exist.
9. The Parties shall
consult promptly on any potential liability under international law, including
the Liability Convention, on the apportionment of liability, and in the event
of claims arising, on the defence of claims, and shall cooperate fully with a
view to establishing the facts in the investigation of any accident, in
particular through the exchange of experts and information.
Article 11
Customs Regulation
1. For the purposes of this Article "goods" shall mean
spacecraft, space transportation systems, their elements, instruments,
control, testing and other types of equipment required, in particular for a
launch, as well as technologies in the form of information and data recorded
on material media. The technology and information identified above include:
a) computer software and databases;
b) inventions;
c) design and engineering
developments;
d) trade secrets and know-how, including manufacturing
documentation and technical specifications; and
e) data on research,
experimental, design and engineering development activities.
2. The movement
of goods specified in paragraph 1 of this Article and especially intended for
the purposes of cooperation within the framework and upon the terms of this
Agreement, across the customs borders of the States of the Parties, shall be
free of customs duties.
3. Where the domestic law and regulations of the
States of the Parties do not provide for direct exemption from other taxes on
goods for the purposes of cooperation under this Agreement, and such taxes are
collected by customs authorities, such an exemption shall be applied on the
basis of this Agreement subject to the domestic law and regulations of the
States of the Parties.
Article 12
Export Control
1. Technology transfer for
the purposes of any joint activity pursuant to this Agreement shall be
undertaken by the Parties subject to the observation of the domestic law and
regulations of their States, including the requirements of the Missile
Technology Control Regime (MTCR). The Parties shall act in accordance with the
domestic law and regulations of their States, on export control in relation to
those goods and services included in the national lists and enumerations of
export controls.
2. This Article extends to any form of cooperation, the
exchange of information, technical data and items of all types, including
joint industrial production and intellectual property, where they are
regulated by the MTCR, on the territory of the exporter, importer or third
countries.
Article 13
Assistance to the Activities of Personnel
Each Party,
in accordance with the domestic law and regulations of its State, shall assist
the entry to the territory of its State of personnel assigned on a mission by
the other Party, its Competent Agency, and departments, agencies and
organisations referred to in Article 3.2 of this Agreement as regards the
procedure of appropriate visa processing.
Article 14
Economic and Industrial
Types of Activity
In accordance with the domestic law and regulations of
their States, the Parties will strive to encourage activity by organisations,
enterprises and firms of their countries, directed at the support of joint
programs of cooperation in the field of exploration and use of outer space,
and the practical application of space equipment and technology. For these
purposes, the Parties will strive to implement, by mutual arrangement,
measures to facilitate corresponding entrepreneurial activities, trade and
economic transactions.
Article 15
Settlement of Disputes
1. The Parties, if
necessary, shall hold consultations on matters pertaining to the
interpretation and implementation of this Agreement. The Parties shall seek to
resolve any dispute between them concerning the interpretation and
implementation of this Agreement through prompt and amicable negotiations and
consultations, including through diplomatic channels.
2. Disputes between
Competent Agencies or between departments, agencies and organisations referred
to in Article 3.2 of this Agreement shall be referred, for joint
consideration, to the senior executives of respectively, Competent Agencies,
and these departments, agencies and organisations or their plenipotentiaries,
who should make all efforts to resolve the dispute by consensus. Within the
framework of the procedure provided for in this paragraph, disputes may be
referred to settlement through conciliation with the purpose of achieving
agreement or drafting findings or recommendations on all matters of facts and
law pertaining to the issue.
3. If a dispute has not been settled by means of
procedures envisaged in paragraph 1 of this Article within six months after
one of the Parties forwards a written request to hold such negotiations or
consultations, it shall, upon request of either Party, be submitted to an
Arbitral Tribunal which shall be established in accordance with the provisions
of this Article.
4. An Arbitral Tribunal shall be constituted for each
individual case in the following way:
a) within two months of the receipt of
the request for consideration of the dispute by arbitration, each Party shall
appoint an arbitrator. Those two arbitrators shall then select a national of a
third country who, on approval by the two Parties, shall be appointed Chairman
of the Arbitral Tribunal. The Chairman shall be appointed within two months
from the date of appointment of the other two arbitrators;
b) in case an
arbitrator appointed as provided for in this Article shall resign or become
unable to act, a successor arbitrator shall be appointed in the same manner as
prescribed for the appointment of the original arbitrator and the successor
shall have all the powers and duties of the original arbitrator.
5. If,
within the period specified in paragraph 4 of this Article, the necessary
appointments have not been made, either Party may, in the absence of any other
agreement, invite the President of the International Court of Justice to make
all necessary appointments. If the President is a national of the State of
either Party or is unable to discharge the said function, the next most senior
Member of the Court who is not disqualified on such a ground shall make the
necessary appointments.
6. The Arbitral Tribunal shall decide all questions
relating to its competence and shall, subject to the agreement between the
Parties, determine its own procedure. The Arbitral Tribunal shall reach its
award by majority vote taking into account the provisions of this Agreement,
the international treaties both Parties have concluded and the generally
recognised norms and principles of international law. It may render an award
on the default of a Party. Any award shall be rendered in writing and shall
state its legal basis. An award shall be final and binding on the Parties, if
the Parties have not agreed in advance on the procedure of appeal.
7. Each
Party shall bear the costs of its arbitrator. The costs of the Chairman of the
Arbitral Tribunal and other expenses associated with the conduct of the
arbitration shall be borne in equal parts by both Parties. The Arbitral
Tribunal may decide, however, that a higher proportion of costs shall be borne
by one of the Parties.
Article 16
Final Provisions
1. This Agreement shall
enter into force from the date of the latter written notification through
diplomatic channels on completion by the Parties of domestic procedures
necessary for its entry into force.
2. This Agreement is concluded for a
period of ten years. Its effect shall be automatically extended for a
subsequent ten-year period if neither of the Parties notifies the other Party
through diplomatic channels of its intention to terminate it twelve months
before the expiry of the initial ten-year period. This Agreement may be
terminated by either Party in the period following its automatic extension by
twelve months written notice to the other Party through diplomatic channels.
3. Additional extension of this Agreement shall be the subject of
consultations between the Parties, which shall commence no later than twelve
months before the expiry of the period of its automatic extension.
4. This
Agreement may be amended and supplemented by the agreement of the Parties in
written form.
5. In the event of the termination of this Agreement, its
provisions shall continue to apply to all unfinished activities if the Parties
do not agree otherwise. The termination of this Agreement shall not serve as
the basis for the revision or termination of obligations of a financial or
other contractual nature still in force and shall not affect the rights and
obligations of legal and natural persons, which have arisen before its
termination.
6. From the date of the entry into force of this Agreement, the
Agreement between the Government of Australia and the Government of the Union
of Soviet Socialist Republics on Co-operation in Space Research and the Use of
Space for Peaceful Purposes of 1 December 1987 shall cease to have effect
as between Australia and the Russian Federation.
Done at Canberra on
23 May 2001 in duplicate, each in the English and Russian languages, both
texts having equal validity.
FOR THE GOVERNMENT
OF AUSTRALIA
| FOR THE
GOVERNMENT
OF THE RUSSIAN FEDERATION
|
[Signatures Omitted]
ATTACHMENT
INTELLECTUAL PROPERTY
The Parties shall use their best endeavours to ensure
the effective protection of results obtained within the framework of
cooperation, which is a subject of this Agreement and separate agreements
referred to in Article 5 of this Agreement.
The Competent Agencies, and
departments, agencies and organisations referred to in Article 3.2 of this
Agreement, hereinafter described as "cooperating organisations", shall in good
time inform each other about all results of joint activity subject to
protection as intellectual property and promptly cooperate to obtain
registration or carry out other procedures for protection.
1. Sphere of
Application
1. This Attachment applies to all types of joint activity
performed pursuant to the cooperation under this Agreement, with the exception
of those cases when the Parties or cooperating organisations agree on any
special provisions within the framework of separate agreements referred to in
Article 5 of this Agreement.
2. For the purposes of this Agreement, the term
"intellectual property" has the meaning provided for in Article 2 of the
Convention establishing the World Intellectual Property Organi
done at Stockholm on 14 July 1967.
3. This Attachment shall regulate the
allocation of intellectual property rights between the Parties or cooperating
organisations in relation to a joint activity. Each Party shall act in such a
way that the cooperating organisations of the other Party can acquire the
rights to intellectual property belonging to them in accordance with this
Attachment.
4. This Attachment does not change the Parties' legal regulation
of intellectual property rights determined by the legislation of their States
and the internal regulations of cooperating organisations taking into account
provisions envisaged in section 2, paragraph 6 of this Attachment. In the
same way, this Attachment does not alter the relations between the cooperating
organisations of each Party and relations between the Parties and these
organisations. Furthermore it will not prejudice the international obligations
of the Parties.
5. Carrying out of joint works does not affect the
intellectual property rights of the cooperating organisations acquired earlier
or resulting from independent research (background intellectual property).
6.
The termination of this Agreement does not affect rights or obligations having
arisen on the basis of this Attachment, if they were accepted before such
termination.
2. Grant of Rights
1. In relation to intellectual property
created in the course of a joint activity, the Parties or cooperating
organisations shall strive to jointly elaborate a plan for the assessment and
use of technology either before the beginning of their cooperation or within a
reasonable time from the moment when a cooperating organisation creates an
object of intellectual property. In this plan for the assessment and use of
technology, they shall take into account the corresponding contributions of
the Parties and their cooperating organisations to the activity under
consideration, including background intellectual property transferred in the
framework of cooperation, define types and scope of use of the intellectual
property, terms and procedures of the realisation of rights on it on the
territory of the States of the Parties, as well as on the territory of other
countries, recognising that the minimal scope is the right of each cooperating
organisation to use created intellectual property for its own needs. For the
purposes of granting intellectual property rights, an activity is considered
to be a joint activity from the moment when it is defined as such in separate
agreements referred to in Article 5 of this Agreement. The grant of rights to
the objects of intellectual property created as a result of an activity, which
is not a joint activity, shall be carried out according to the provisions of
paragraph 3 of this section. The Parties or cooperating organisations shall
decide by mutual arrangement whether the results of work jointly carried out
should be either patented or registered or kept secret.
2. If such a plan for
the assessment and use of technology is not established within four months
from the moment of the creation of the object of intellectual property which
is a result of a joint activity, each of the Parties or cooperating
organisations may receive all rights and benefits from such intellectual
property on its State's territory. Cooperating organisations shall in relation
to a joint activity negotiate regarding the allocation of intellectual
property rights, as well as the expenses related to the protection of
intellectual property rights under mutually agreed conditions, taking into
account the corresponding contributions of each of them.
3. In cases, which
are not joint activities, the terms for the implementation of a procedure for
the acquisition and use of intellectual property rights shall be determined in
separate agreements and contracts.
4. The Parties shall on the initiative of
either of them, without delay, consult for the purposes of securing protection
and distribution of intellectual property rights on protected objects of
intellectual property in third countries applying the provisions of paragraphs
1 and 2 of this section.
5. The rules for the internal regulation of host
organisations or institutions as regards intellectual property rights as well
as possible remuneration and disbursements related to these rights as they are
determined by the internal regulations of each of the host organisations
extend to researchers and scientists of one of the Parties enlisted in the
service of any organisation or institution of the other Party. Each researcher
or scientist, designated as an inventor is entitled in accordance with his
contribution to a share of remuneration to be earned by the host organisation
or institution for licensing this intellectual property.
6. Copyright extends
to publications. Each Party and its cooperating organisations shall be
entitled to non-exclusive, irrevocable and free licences for non-commercial
purposes for the translation, reproduction and public distribution in all
countries of scientific and technical articles, lectures (reports), books and
other copyright products, which are the direct result of a joint activity. The
forms of implementation of these rights shall be determined in separate
agreements and contracts. All copies of publications should show the author's
name unless he expressly refuses to give his name or wishes to appear under a
pseudonym.
7. The totality of intellectual property rights, but not including
moral rights, to computer programs elaborated within the framework of
cooperation shall be allocated between the cooperating organisations taking
into account their contribution to its elaboration and financing. In cases of
joint elaboration or joint financing of computer programs by both Parties or
cooperating organisations a regime to be applied in relation to these
programs, including the allocation of remuneration in the case of commercial
use, shall be determined by separate agreements or contracts. In the absence
of separate agreements or contracts the provisions of paragraphs 1 and 2 of
this section related to the allocation of rights in connection with a joint
activity shall apply.
8. Confidential information shall be designated as such
in an appropriate manner. The responsibility for such a designation shall rest
with the Party or cooperating organisation, which demands such
confidentiality. Each Party or cooperating organisation shall protect such
information in accordance with applicable laws and regulations of its State.
The term "confidential information" means any know-how, data or information,
in particular technical, commercial or financial, independent of the form in
which it is passed on for the purposes of carrying out activity pursuant to
this Agreement and which corresponds to the following conditions:
a) the
possession of this information may ensure gains, in particular ones of an
economic, scientific or technical character or give an advantage in
competition with persons who do not possess it;
b) this information is not
generally known or widely available from other sources;
c) this information
was not earlier passed on by its possessor to a third person without the
obligation to maintain its confidentiality;
d) this information is not
already at the disposal of the recipient without the obligation to maintain
its confidentiality.
The Parties or cooperating organisations may transfer
confidential information to their own employees, unless otherwise provided in
separate agreements referred to in Article 5 of this Agreement. Such
information may be passed on to the basic performers of the work and
subcontractors within the framework of the sphere of application of separate
contracts with them. Information given in this way may be used only within the
limits of the sphere of application of those contracts, which would envisage
the conditions and time limits of application of such provisions on
confidentiality.
The Parties and cooperating organisations undertake to adopt
all necessary measures in relation to their employees, basic performers of
work and subcontractors for the observance of the obligations on protecting
confidentiality determined above.
9. The grant of the results of joint
research and elaboration to third persons shall be the subject of written
agreements between the Parties or cooperating organisations. Without prejudice
to the implementation of rights in accordance with paragraph 6 of this
section, such agreements will determine the procedure for the distribution of
the referred results.
(95/01)
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