К СОГЛАШЕНИЮ МЕЖДУ ПРАВИТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ И ПРАВИТЕЛЬСТВОМ РЕСПУБЛИКИ КОРЕЯ О МЕРАХ ПО ОХРАНЕ ТЕХНОЛОГИЙ В СВЯЗИ С СОТРУДНИЧЕСТВОМ В ОБЛАСТИ ИССЛЕДОВАНИЯ И ИСПОЛЬЗОВАНИЯ КОСМИЧЕСКОГО ПРОСТРАНСТВА В МИРНЫХ ЦЕЛЯХ ОТ 17 ОКТЯБРЯ 2006 ГОДА. Протокол. Правительство РФ. 17.10.06

Article 7
                        Intellectual Property

     1.  For  the  purposes  of  this  Article, the term "intellectual
property"  has the meaning provided for in Article 2 of the Convention
Establishing  the  World  Intellectual  Property  Organization done in
Stockholm on 14 July 1967.
     2. The procedure for the protection and exercise of rights to the
results   of  intellectual  activities  related  to  the  development,
production,  testing  and  operation of protected items under the KSLS
programme,  shall  be  the subject of this Article. The application of
the  provisions of this Article shall not prejudice separate agreement
in  written  form  with  respect  to  particular  types  of activities
associated  with  the cosmodrome, that do not concern protected items,
under Article 7 of the Agreement between the Government of the Russian
Federation  and the Government of the Republic of Korea on Cooperation
in  the  Field  of the Exploration and Use of Outer Space for Peaceful
Purposes  of  21  September  2004  (hereinafter  referred  to  as "the
Agreement on Cooperation of 21 September 2004").
     3.  The Government of the Republic of Korea shall acknowledge the
exercise  by the Russian Federation or the Russian participants of, or
the  title  of  the  Russian Federation or the Russian participants to
exercise,   exclusive  rights  to  all  the  results  of  intellectual
activities  (in particular, rights to patents and rights to copyrights
objects,  including computer programmes and databases) associated with
the   design,  engineering,  development,  production,  manufacturing,
maintenance,   modification,   enhancement   and/or  modernization  of
protected  items,  including testing and operation prior to the use of
protected  items  as part of the KSLS, and, accordingly, rights to use
and  commercialize  the  results  of such intellectual activities. The
Government  of  the Republic of Korea shall not prejudice the exercise
of  the  rights  and  the entitlements to exercise the above mentioned
rights  of the Russian Federation or the Russian participants, as well
as  to  the  use of the results of such intellectual activities in the
territories of third states.
     4.  The  rights to the results of intellectual activities related
to  testing and operation of protected items as part of the KSLS shall
be  allocated  by the Russian participants and the Korean participants
with   due  consideration  of  the  provisions  of  the  Agreement  on
Cooperation of 21 September 2004.
     5. The elaboration and implementation of plans for the assessment
and   use   of   technology  related  to  protected  items,  including
identification  and  patenting  of  inventions,  shall  be  within the
exclusive  competence of the Russian participants. The elaboration and
implementation  of  plans  for  the  assessment  and use of technology
related  to  testing  and  operation of protected items as part of the
KSLS,  including  identification and patenting of inventions, shall be
within  the  joint  competence  of the Russian participants and Korean
participants.
     6. Information about the results of intellectual activity related
to  protected  items,  for  example,  information  containing  general
descriptions  of  scientific  and  technical  approaches and principal
pilot,   theoretical   and   calculation  techniques  used,  shall  be
transmitted   by   the   Russian   representatives   to   the   Korean
representatives  upon  coordination  with the authorized bodies of the
Government  of  the Russian Federation and by authorization in written
form of the competent bodies of the Russian Federation under the terms
defined  in  the  plans of assessment and use of technology related to
protected  items,  subject  to  the  provisions  of  Article 6 of this
Protocol and Article 7 of the Agreement on Cooperation of 21 September
2004. Nothing in this paragraph shall be construed as an obligation to
transfer the exclusive rights to the results of intellectual activity.
     7.  The  Government  of  the  Republic  of Korea, recognizing the
rights of the Russian Federation and the Russian participants to legal
protection  in  the  Republic of Korea of the rights to the results of
intellectual  activities that belong in accordance with paragraph 3 of
this  Article and are allocated in accordance with paragraph 4 of this
Article,  respectively,  to  the  Russian  Federation  and the Russian
participants, shall provide protection of intellectual property rights
of  the Russian Federation and the Russian participants subject to the
provisions  of  Article  7  of  the  Agreement  on  Cooperation  of 21
September 2004.
     The  Government of the Russian Federation, recognizing the rights
of the Government of the Republic of Korea and the Korean participants
to  legal  protection  in  the Russian Federation of the rights to the
results  of  intellectual  activities that are allocated in accordance
with  paragraph  4  of  this Article, respectively, to the Republic of
Korea  and  the  Korean  participants,  shall  provide  protection  of
intellectual  property  rights of the Republic of Korea and the Korean
participants  subject  to the provisions of Article 7 of the Agreement
on Cooperation of 21 September 2004.
     8.  Prior  to the shipments of protected items to the Republic of
Korea,  the Government of the Republic of Korea shall, at the specific
request  in  written form of the Government of the Russian Federation,
acting through its authorized bodies, provide the authorized bodies of
the  Government  of  the  Russian  Federation  and,  through them, the
Russian  consignees  with  information  for the purposes of clarifying
distinctive  features  of the laws of the Republic of Korea concerning
the  protection of intellectual property, including possible legal and
administrative constraints that may influence proper implementation of
the provisions of this Article.
     9.  The  Parties,  at  the  request of either of them, shall hold
without delay consultations through their authorized bodies on matters
of  protection and safeguarding of intellectual property in accordance
with this Article, and of suppression of infringements in this sphere.