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в соответствии с положениями Бернской конвенции об охране литературных
и художественных произведений (Парижский акт 1971 года).
IV. Публикации научного характера
1. Участники обеспечивают по возможности самое широкое
распространение публикаций научного характера, являющихся результатом
совместного исследования в соответствии с настоящим Соглашением.
2. В случае если в планах распоряжения технологией не согласовано
иное, публикация результатов совместного исследования осуществляется
совместно участниками этого совместного исследования.
С соблюдением указанного выше общего правила применяются
следующие процедуры:
- в случае опубликования участником научно-технических сборников,
статей, отчетов, книг, а также выпуска аудио- или видеопроизведений и
программного обеспечения, являющихся результатом совместного
исследования в соответствии с настоящим Соглашением, другой участник
получает в объемах, оговоренных в планах распоряжения технологией,
право на неисключительную, безотзывную и безвозмездную лицензию на
перевод, воспроизведение, переработку, передачу и публичное
распространение таких работ во всех странах;
- на всех экземплярах работ, охраняемых авторским правом, которые
подлежат публичному распространению в соответствии с настоящим
пунктом, указывается фамилия автора работы, если только такой автор
определенно не откажется быть названным. Такие экземпляры также
содержат ясное указание на соответствующие вклады участников, которые
привлекались к работе над публикацией.
AGREEMENT
BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION
AND THE EUROPEAN SPACE AGENCY ON COOPERATION
AND PARTNERSHIP IN THE EXPLORATION AND USE
OF OUTER SPACE FOR PEACEFUL PURPOSES
(Paris, 11.II.2003)
The Government of the Russian Federation and the European Space
Agency, an international intergovernmental organisation set up by the
Convention for the Establishment of a European Space Agency which was
opened for signature in Paris on 30 May 1975 and entered into force on
30 October 1980, hereinafter referred to as the Parties,
expressing satisfaction at the results of joint activities
achieved within the framework of the Agreement between the Government
of the Union of Soviet Socialist Republics and the European Space
Agency concerning Cooperation in the Field of the Exploration and Use
of Outer Space for Peaceful Purposes signed in Paris on 25 April 1990,
as extended by an exchange of Notes Verbales dated 25 April 2000,
desiring jointly to continue and expand long-term cooperation
with a view to fostering partnership in the exploration and use of
outer space and the application of space technologies for peaceful
purposes,
recognising the practical importance and potential mutual
benefits of a renewed and focused international space cooperation
based on industrial cooperation and business partnership,
considering the Agreement between the Government of the Russian
Federation and the European Space Agency concerning Customs Clearance
and Duty Free Import and Export of Goods within the Framework of
Cooperation in the Exploration and Use of Outer Space signed in Moscow
on 18 November 1997, and which entered into force on 10 February 1999,
having regard to the Agreement between the Government of the
Russian Federation and the European Space Agency on the Establishment
of the Permanent Mission of the European Space Agency, and its Status,
in the Russian Federation signed in Moscow on 10 April 1995, and to
the Protocol thereto signed in Moscow on 29 July 1996, both of which
entered into force on 30 January 1997,
considering the provisions of 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, and
of other multilateral treaties and agreements on the exploration and
use of outer space, to which the Russian Federation and the Member
States of the European Space Agency are parties, and which the
European Space Agency has accepted,
having regard to the Agreement among the Government of Canada,
Governments of Member States of the European Space Agency, the
Government of Japan, the Government of the Russian Federation and the
Government of the United States of America concerning Cooperation on
the Civil International Space Station, signed in Washington D.C. on 29
January 1998,
having regard to the Convention establishing the European Space
Agency, and in particular to Article XIV thereof, and to the
Resolution on directions for the Agency`s evolution and policy: "Space
serving European citizens", adopted in Edinburgh on 15 November 2001
by the Council of the European Space Agency held at ministerial level,
and in particular to Chapter III, paragraph 5 thereof,
have agreed as follows:
Article 1
Purpose and Principles
1. The purpose of this Agreement is to establish appropriate
legal and organisational foundations for the continuation and
comprehensive development of long-term, mutually beneficial
cooperation and partnership in joint activities involving the use of
outer space and the application of space systems and technologies for
peaceful purposes, in particular, by:
- encouraging and developing scientific cooperation and joint
scientific and technology research and development activities;
- promoting a broad and mutually beneficial exchange of
scientific and technical information, expertise, equipment and
material resource;
- fostering and implementing cooperative ventures and initiatives
of mutual interest for science and technology, industrial and
investment activities, including the demonstration of their
feasibility through pilot projects;
- implementing effective consultation mechanisms and joint
decision-making processes.
2. Cooperation within the framework of this Agreement shall be
carried out on the basis of the principles of mutual benefit and
balanced scientific, technological and other returns for the Russian
Federation and the European Space Agency, considering the
contributions of the Parties and those of the corresponding
participants in joint activity, as defined in the Annex to this
Agreement.
3. Within the framework of this Agreement, cooperation shall be
implemented subject to the relevant norms and regulations applicable
to each Party, in accordance with the generally recognised norms and
principles of international law and without prejudice to the rights
and obligations of the Parties stemming from other international
agreements which have been concluded with third parties.
4. This Agreement defines the rights and obligations of the
Parties with respect to the jointly agreed activities irrespective of
the location or territory where they are carried out.
Article 2
Areas and Forms of Cooperation
1. In pursuance of this Agreement the Parties may cooperate in
particular in the following areas:
- fundamental and applied space research, including
solar-terrestrial physics, radio astronomy, high energy astrophysics
and solar and planetary studies;
- microgravity research, materials processing in space, fluid
physics, space medicine and biology;
- remote sensing of the Earth for environmental monitoring,
meteorology, geodesy and cartography;
- space telecommunications, satellite navigation and positioning;
- human space flight, including automatic or manned space
vehicles and systems, orbital elements and related hardware, crew
training, and associated ground infrastructure;
- preparation for human planetary exploration;
- launchers and other space transportation systems and the
associated ground infrastructure, including launch services;
- protection of the space environment, including monitoring and
mitigation of space debris;
- spin-offs derived from space systems and technologies;
- development of services derived from space research and
applications.
Cooperation in the areas listed above may include in particular
studies, preliminary design, pre-development and development work,
manufacturing, exchange of equipment and data, related information
technologies, operational and utilisation activities, and shall apply
both to space systems and ground infrastructure.
2. Cooperation in the areas listed in paragraph 1 of this Article
may comprise in particular:
- organising training programmes and consultancies;
- promoting the exchange of personnel engaged in cooperative
activities, programmes and projects covered by this Agreement;
- holding symposia, exhibitions, and similar events;
- providing technical assistance under conditions to be mutually
agreed on a case by case basis;
- using the scientific, experimental and industrial resources and
capabilities of the Russian Federation, of the one part, and of the
European Space Agency and its Member States, of the other part, on an
appropriate institutional basis;
- providing mutual support for access to national and
international space programmes and projects of common interest;
- increasing the level of involvement of small and medium-sized
enterprises in cooperative ventures;
- enhancing the managerial, financial and legal interfaces with a
view to providing a suitable framework for the cooperative activities.
3. The Parties shall meet as necessary, and at least every two
years, to review the implementation and the development of the
cooperation and partnership covered by this Agreement.
4. Additional areas and forms of cooperation to be pursued under
this Agreement may be identified by the Parties and may be the subject
of specific agreements or arrangements to be reached in accordance
with the norms, regulations and procedures of the Russian Federation
and the European Space Agency.
Article 3
Implementation
1. The Government of the Russian Federation designates the
Russian Aviation and Space Agency as the competent organisation having
authority to represent it in its relations with the European Space
Agency for the purposes of coordinating and conducting the cooperation
and partnership covered by this Agreement. The Government of the
Russian Federation may designate another competent organisation, and
shall duly notify the European Space Agency through diplomatic
channels accordingly.
2. By written agreement, the Government of the Russian Federation
or its competent organisation, of the one part, and the European Space
Agency, of the other part, may, as appropriate, designate other
entities (institutions, enterprises, institutes, centres and firms)
which are subjects of public or private law of the Russian Federation
and of the Member States of the European Space Agency, respectively,
for the purpose of carrying out specific cooperative activities, as
provided for in Article 2 of this Agreement, pursuant to the terms of
agreements, arrangements and contracts to be concluded in accordance
with the provisions of paragraph 3 of this Article.
3. Without prejudice to the additional agreements which may be
concluded directly between the Parties, the implementation of
cooperative activities, programmes and projects covered by this
Agreement shall, upon approval by, and in accordance with the
applicable rules and procedures of each Party, on the understanding
that the Government of the Russian Federation acts as appropriate
through its competent organisation, be the subject of:
- specific bilateral or multilateral agreements, arrangements and
contracts among the competent organisation of the Government of the
Russian Federation, the European Space Agency and the other entities
provided for in paragraph 2 of this Article. Such specific agreements,
arrangements and contracts may address joint supervision and
management functions, and shall be compliant with the provisions of
this Agreement;
- direct contracts between the other entities provided for in
paragraph 2 of this Article, which shall be compliant with the
provisions of this Agreement.
4. The Government of the Russian Federation or its competent
organisation, of the one part, and the European Space Agency, of the
other part, shall define appropriate procedures for informing each
other of the expenditure planned and incurred, and of the funding for
the execution of activities and contracts which involve self-financing
of industry, including, where appropriate, cost verification by or on
behalf of the Parties.
5. The Government of the Russian Federation or its competent
organisation, of the one part, and the European Space Agency, of the
other part, may decide jointly to provide for working groups or other
mechanisms as required for the purpose of implementing or monitoring
cooperative activities, programmes and projects covered by this
Agreement, and may jointly agree on additional rates, principles,
methods or means of their implementation in conformity with this
Agreement.
6. For the purpose of developing and diversifying cooperation and
optimising its organisational forms, the Parties, on the understanding
that the Government of the Russian Federation shall act as appropriate
through its competent organisation, may jointly organise and convene
conferences, symposia and other appropriate forums involving the
participation of the research, business, industrial and financial
communities of the Russian Federation and of the Member States of the
European Space Agency.
7. For the purpose of facilitating and broadening mutually
beneficial cooperation, the European Space Agency has established a
Permanent Mission in the Russian Federation, whose status and
conditions are defined in the Agreement and related Protocol concluded
with the Government of the Russian Federation, and referred to in the
preamble to this Agreement. The European Space Agency acknowledges the
strong interest and benefit, for the purpose of facilitating and
broadening mutually beneficial cooperation, in the competent
organisation of the Government of the Russian Federation reciprocally
maintaining a representation to cooperate with the European Space
Agency. The European Space Agency shall assist the Government of the
Russian Federation, should it take the corresponding decision, in
obtaining from the competent authorities of its Member States and to
the benefit of such representation, status and conditions similar to
those enjoyed by the Permanent Mission of the European Space Agency in
the Russian Federation.
8. For the purpose of increasing and broadening mutually
beneficial industrial cooperation and partnership, each Party shall,
on a reciprocal basis, foster participation by the other Party`s
related industrial entities in industrial tenders organised in
connection with the implementation of the cooperative activities,
programmes and projects covered by this Agreement.
Article 4
Funding
1. Cooperation as described in Article 2, paragraphs 1 and 2 of
this Agreement shall be carried out by the Parties subject to their
approved budgets, in accordance with their respective funding
procedures and legislation, and subject to the availability of funds
allocated for the purposes of this cooperation and shall not
constitute any legal basis for providing additional budgetary
allocations for any of the Parties.
2. Should funding difficulties in discharging respective
responsibilities in the cooperative activities, programmes and
projects covered by this Agreement be encountered or foreseen either
by the Government of the Russian Federation or its competent
organisation, of the one part, or the European Space Agency, of the
other part, appropriate notification shall be made without delay
either to the other Party or at the level of the competent
organisation of the Government of the Russian Federation and the
European Space Agency. In such event, the Government of the Russian
Federation or its competent organisation, of the one part, and the
European Space Agency, of the other part, shall envisage taking the
most appropriate measures to safeguard their joint interests in the
cooperation.
3. The financial principles, norms and procedures related to the
conduct of the cooperative activities, programmes and projects covered
by this Agreement shall be defined in the specific agreements,
arrangements and contracts provided for in Article 3, paragraph 3 of
this Agreement, noting that, the legitimate commercial interests of
all participants in the said legal documents being taken into account,
the European Space Agency denominates its industrial contracts in the
euro currency. The participants in the cooperative activities,
programmes and projects covered by this Agreement shall bear the costs
of discharging their respective responsibilities as defined in the
aforementioned specific agreements, arrangements and contracts.
4. Cooperative activities, programmes and projects covered by
this Agreement may give rise to payments, reimbursement of expenses,
mutual exchanges of goods and services or other combined forms of
payment for the purposes of adequate compensation, as appropriate and
jointly agreed between the Parties, the competent organisation of the
Government of the Russian Federation and the European Space Agency,
their designated entities, contractors and subcontractors, as the case
may be, in the specific agreements, arrangements and contracts
referred to in Article 3, paragraph 3 of this Agreement.
5. The Parties, on the understanding that the Government of the
Russian Federation shall as appropriate act through its competent
organisation or through other channels and mechanisms, shall advise
each other, as appropriate under their respective procedures and
legislation, on financial aspects and banking conditions for the
purposes of implementing the cooperative activities, programmes and
projects covered by this Agreement.
Article 5
Intellectual Property
1. The Government of the Russian Federation or its competent
organisation, of the one part, and the European Space Agency, of the
other part, may, in the specific agreements, arrangements and
contracts referred to in Article 3, paragraph 3 of this Agreement,
define the norms and principles to be observed with regard to
intellectual property in the framework of the cooperative activities,
programmes and projects covered by this Agreement. In the absence of
such norms and principles in the said agreements, arrangements and
contracts, the protection and the allocation of rights to intellectual
property shall be in accordance with the Annex to this Agreement.
2. Subject to paragraph 1 of this Article, the Parties, the
competent organisation of the Government of the Russian Federation,
and the other entities designated in accordance with Article 3,
paragraph 2 of this Agreement shall, on a mutual basis, ensure
expeditious access to the results jointly obtained through the
cooperative activities, programmes and projects covered by this
Agreement.
3. For the purpose of this Agreement, "intellectual property"
shall have the meaning stated in Article 2 of the Convention
establishing the World Intellectual Property Organisation, done in
Stockholm on 14 July 1967.
Article 6
Information and Data
1. The Parties shall inform and, as necessary, consult each other
concerning their plans for activities, programmes and projects in the
field of the exploration and use of outer space for peaceful purposes.
2. For the purpose of this Agreement, "information and data"
shall mean knowledge, which is not or cannot be protected by a legal
title of intellectual property, in particular technical data or
technical assistance such as blueprints, plans, diagrams, models,
formulae, tables, engineering designs and specifications, manuals,
instructions, skills, training, working knowledge or consulting
services, irrespective of their form or support. This knowledge may
belong to a natural or legal person and may be protected as trade
secret and know-how, without prejudice to paragraph 5 of this Article.
3. Subject to the provisions of this Agreement, the Parties, and
the participants as defined in the Annex to this Agreement, shall
exchange the information and data required for the carrying out of
their responsibilities under this Agreement.
4. Subject to the provisions of this Agreement, the Parties, and
the participants as defined in the Annex to this Agreement shall, on a
mutual basis, ensure expeditious access to the information and data
jointly obtained through the cooperative activities, programmes and
projects covered by this Agreement.
5. The Parties, and the participants as defined in the Annex to
this Agreement, shall not disclose and retransfer any information and
data received from the other Party and/or the participants, except
with the prior written consent of the furnishing Party and/or the
participants. The receiving Party and/or the participants shall use
such information and data within the limits provided for by the
furnishing Party and/or the participants. The Parties and/or the
participants shall only transfer such information and data on which
they have acquired the necessary rights and the related authority to
transfer such information and data.
6. Should the Parties find it necessary for the purpose of
implementing this Agreement to exchange classified information and
data for which appropriate handling is defined in accordance with the
norms and regulations which are applicable to each of them, the
Parties shall, within their respective institutional framework,
conclude a separate written agreement for that purpose.
Article 7
Business-confidential Information
1. The specific agreements, arrangements and contracts which may
be concluded in accordance with Article 3, paragraph 3 of this
Agreement, shall provide for the protection of business-confidential
information as specified in the identified agreements, arrangements
and contracts, and for the conditions under which such
business-confidential information may be transferred to the employees
of the Parties or of the participants as defined in the Annex to this
Agreement, or to any third party with respect to such agreements,
arrangements and contracts, including contractors and sub-contractors.
In the said specific agreements, arrangements and contracts, the
Parties and the participants shall provide for the adoption of all
necessary measures in relation to their employees, contractors and
sub-contractors for the observance of the obligations on protecting
such business-confidential information.
2. Business-confidential information shall be designated as such
in an appropriate manner at the earliest possible moment and
preferably in the Technology Management Plan, as referred to in the
Annex to this Agreement. The responsibility for such a designation
shall rest with the Party or participant, as defined in the Annex to
this Agreement, requiring such confidentiality. Each Party or
participant shall protect such business-confidential information in
accordance with the norms and regulations applicable to each Party or
participant and at least at the same level it protects its own
business-confidential information.
"Business-confidential information" shall mean any know-how,
information and data, in particular technical, commercial or
financial, irrespective of the form and support by means of which it
is transferred for the purpose of carrying out joint activity, as
defined in the Annex to this Agreement and which meet the following
conditions:
- the possession of this information may provide a competitive
economic, scientific or technical advantage over natural or legal
persons who do not possess it;
- this information is not generally known or widely available
from other sources;
- this information was not earlier transferred by its possessor
to a third natural or legal person without the obligation to maintain
its confidentiality;
- this information is not already at the disposal of the
recipient without the obligation to maintain its confidentiality.
Article 8
Export-controlled or Proprietary Equipment,
Information and Data
1. In the event a Party, or a participant as defined in the Annex
to this Agreement, finds it necessary to exchange equipment,
information and data that are either export-controlled or proprietary,
and for which protection is desired, the furnishing Party or the
participant shall mark such equipment, data and information with a
notice indicating that they will be used by the receiving Party or the
participant for the sole purpose of fulfilling their responsibilities
under this Agreement, or the specific agreements, arrangements and
contracts referred to in Article 3, paragraph 3 of this Agreement. The
notice shall provide that the equipment, information and data shall
not be re-transferred and/or disclosed without the prior written
consent of the furnishing Party or the participant. There is no
obligation on the receiving Party or the participant to protect from
re-transfers unmarked equipment, information and data.
2. The Parties, or the participants as defined in the Annex to
this Agreement, shall take all necessary measures to ensure that all
natural and legal persons under their jurisdiction or otherwise
related to them, handle the equipment, information and data
transferred under this Agreement in accordance with the provisions and
conditions stipulated in the notices and markings. The natural and
legal persons that have access to this equipment, information and data
on a legitimate basis shall take all necessary measures, including by
incorporation of appropriate stipulations in contracts and
sub-contracts, in order to prevent any unauthorised use, disclosure or
subsequent transfer of, or access to, marked equipment, information
and data, and shall ensure that the exchanged equipment, information
and data enjoy a level of protection equivalent to the level required
by the transferring Party or the participant.
Article 9
Export control
The transfer between the Parties, or the participants as defined
in the Annex to this Agreement, of equipment, information and data and
other items for the purpose of carrying out their responsibilities in
all areas and forms of cooperation as defined in Article 2 of this
Agreement, including manufacturing processes and intellectual
property, shall be performed in accordance with the export control
laws and regulations applicable in the Russian Federation and in the
Member States of the European Space Agency, respectively.
Article 10
Technology Safeguards
For the purpose of implementing specific cooperative activities,
programmes and projects covered by this Agreement, the Government of
the Russian Federation or its competent organisation, of the one part,
and the European Space Agency, of the other part, shall, as
appropriate, conclude, or assist each other in the conclusion of,
technology safeguards agreements with the relevant competent
authorities with a view to providing the detailed conditions for:
- the prevention of any unauthorised access to protected export
items and related technologies, and any unauthorised transfer thereof;
- the implementation by representatives and personnel skilled in
the handling of these protected items of appropriate functions to
effectively protect and control them;
- the development and implementation of specific technology
safeguards plans.
Article 11
Protection of Property
1. The specific agreements, arrangements and contracts referred
to in Article 3, paragraph 3 of this Agreement shall provide for the
adequate protection of property used in the corresponding cooperative
activities, programmes and projects covered by this Agreement, without
prejudice to the rights of ownership over such property.
2. The Government of the Russian Federation, in accordance with
the relevant laws and regulations of the Russian Federation, shall
ensure and, as appropriate, assist in the provision of, adequate
protection of all property belonging to the European Space Agency, or
the entities it may designate in accordance with Article 3, paragraph
2 of this Agreement, and used in the cooperative activities,
programmes and projects covered by this Agreement, when such property
is in the territory of the Russian Federation or at facilities under
the jurisdiction and/or control of the Russian Federation. The
European Space Agency, in accordance with the relevant provisions of
the Convention which established it and through the means it provides,
shall ensure and, as appropriate, assist in the provision of adequate
protection of all property belonging to the Russian Federation, the
Government of the Russian Federation or its competent organisation,
and to the entities they may designate in accordance with Article 3,
paragraph 2 of this Agreement, and used in the cooperative activities,
programmes and projects covered by this Agreement, when such property
is in the territories of the Member States of the European Space
Agency, or at facilities under the jurisdiction and/or control of the
European Space Agency or of its Member States.
Article 12
Assistance to Personnel
The Parties shall, in accordance with legal norms and
administrative procedures applicable to each of them, on a mutual
basis, render assistance to the personnel engaged in the cooperative
activities, programmes and projects covered by this Agreement, with a
view to facilitating the entry and stay of such personnel in terms of
expeditious processing of the corresponding visas.
Article 13
Customs Clearance
1. The movement of goods for the purposes of cooperation within
the framework and under the conditions of this Agreement, across the
customs border of the Russian Federation and the customs borders of
the Member States of the European Space Agency shall be conducted in
accordance with the Agreement between the Government of the Russian
Federation and the European Space Agency concerning Customs Clearance
and Duty Free Import and Export of Goods within the Framework of
Cooperation in the Exploration and Use of Outer Space of 18 November
1997, without prejudice to the Agreement between the Government of the
Russian Federation and the European Space Agency on the Establishment
of the Permanent Mission of the European Space Agency, and its Status,
in the Russian Federation of 10 April 1995.
2. The movement of goods across the customs border of the Russian
Federation and across the customs borders of the Member States of the
European Space Agency, for the purposes of implementing the joint
projects carried out under the framework of the Agreement between the
Government of the Union of Soviet Socialist Republics and the European
Space Agency concerning Cooperation in the Field of the Exploration
and Use of Outer Space for Peaceful Purposes of 25 April 1990, shall
continue to be conducted in accordance with the Agreement between the
Government of the Russian Federation and the European Space Agency
concerning Customs Clearance and Duty Free Import and Export of Goods
within the Framework of Cooperation in the Exploration and Use of
Outer Space of 18 November 1997.
3. For the purpose of effective implementation of this Agreement,
the Parties shall assist each other in the expeditious customs
clearance of goods which are moved for the purposes of the cooperative
activities, programmes and projects covered by this Agreement, having
recourse to priority treatment if necessary within the framework of
rules and procedures for clearance applicable to each of the Parties,
and shall appoint to this effect responsible representatives,
respectively in the competent organisation of the Government of the
Russian Federation and in the European Space Agency.
4. At the request of a Party, of the competent organisation of
the Government of the Russian Federation, or of the entities
designated in accordance with Article 3, paragraph 2 of this
Agreement, the customs control and customs clearance of goods which
are subject to export control laws and regulations and require special
technology protection measures shall be conducted in a manner that is
consistent with the procedures for the prevention of disclosure of
sensitive information.
Article 14
Liability
1. With a view to facilitating the cooperative activities,
programmes and projects covered by this Agreement, the Parties deem it
appropriate to apply, between themselves, and between the competent
organisation of the Government of the Russian Federation, of the one
part, and the European Space Agency, of the other part, on a
reciprocal basis, the principle of cross-waiver of liability for
unintentional damage caused to their respective personnel, personnel
engaged in, or property used in the aforesaid cooperative activities,
programmes and projects, in accordance with the provisions of this
Article.
2. The Government of the Russian Federation or its competent
organisation, of the one part, and the European Space Agency, of the
other part, may, under specific agreements and arrangements, limit the
scope or otherwise alter the norms and conditions of application of
the cross-waiver of liability stipulated in this Article, as may be
required by the specific nature of the cooperative activities,
programmes and projects covered by this Agreement. They may in
particular agree on additional or alternative principles for the
apportionment of liability and indemnity for damage in relation to the
specific cooperative activities, programmes and projects.
3. In accordance with the principle stipulated in paragraph 1 of
this Article, the Government of the Russian Federation or its
competent organisation, of the one part, and the European Space
Agency, of the other part, shall not make any claims with respect to
each other for injury or death of persons from among their own
personnel, or of persons from among the personnel engaged in the
cooperative activities, programmes and projects covered by this
Agreement, or any claims with respect to damage of any kind to, and
also to loss of, their own or their contractors` or sub-contractors`
property, except in the case of wilful misconduct or gross negligence.
4. The cross-waiver of liability defined in this Article shall
apply only if the natural person or property causing the damage is
involved in the specific cooperative activities, programmes and
projects covered by this Agreement and carried out by the Government
of the Russian Federation or its competent organisation, of the one
part, and the European Space Agency, of the other part, and if the
natural person or property damaged is damaged by virtue of its
involvement in such cooperative activities, programmes and projects.
Notwithstanding the other provisions of this Article, this
cross-waiver shall not apply to:
- intellectual property claims;
- claims that may arise in the relations between a Party and its
own entities designated in accordance with Article 3, paragraph 2 of
this Agreement, including in the relations between the Government of
the Russian Federation and its competent organisation;
- claims that may arise in the relations between the entities
designated by a Party in accordance with Article 3, paragraph 2 of
this Agreement, including claims that may arise in the relations
between the competent organisation of the Government of the Russian
Federation and the entities designated by it or by the Government of
the Russian Federation in accordance with Article 3, paragraph 2 of
this Agreement;
- claims in connection with compensation for bodily injury or any
other impairment of the health of a natural person, or for such a
person`s death, that are brought, respectively, by that person, or by
any legally eligible person;
- claims for damage caused by wilful misconduct or gross
negligence.
The implementation of such cross-waiver of liability between the
competent organisation of the Government of the Russian Federation and
the European Space Agency, shall in no way be construed as relieving
them of performance of contractual obligations.
5. This Article is without prejudice to the rights of the
entities designated by the Government of the Russian Federation or its
competent organisation in accordance with Article 3, paragraph 2 of
this Agreement in their relations with the European Space Agency or to
the rights of the entities designated by the European Space Agency in
accordance with Article 3, paragraph 2 of this Agreement in their
relations with the Government of the Russian Federation or its
competent organisation, in the context of the specific agreements,
arrangements and contracts referred to in Article 3, paragraph 3 of
this Agreement.
6. The Government of the Russian Federation or its competent
organisation, of the one part, the European Space Agency, of the other
part, shall, as appropriate, consult with each other on legal and
practical aspects related to the principle of cross-waiver of
liability as it is provided for in this Article.
7. The provisions of this Article shall be without prejudice to
the applications of the relevant norms and principles of international
law, in particular, the bringing of claims under the Convention on
International Liability for Damage Caused by Space Objects of 29 March
1972. The Parties shall consult promptly on any potential liability
which may arise under international law, including the Convention on
International Liability for Damage Caused by Space Objects of 29 March
1972, on the apportionment of such liability taking into account the
specific conditions of the cooperative activities, programmes and
projects covered by this Agreement under which damage arose, and shall
cooperate fully for the purpose of establishing the facts in the
investigation of any accident, in particular through the exchange of
experts and information. In the event of a claim for compensation
under international law for damage arising out of the cooperative
activities, programmes and projects covered by this Agreement being
brought in the first instance by a third party to a Party, or to the
competent organisation of the Government of the Russian Federation,
the other Party shall, as appropriate, be allowed to join in the
proceedings. The competent organisation of the Government of the
Russian Federation and the European Space Agency, following their
respective rules and procedures, shall include liability clauses in
accordance with the provisions of this paragraph, in the specific
agreements, arrangements and contracts referred to in Article 3,
paragraph 3 of this Agreement whenever the cooperative activities,
programmes and projects covered by this Agreement involve the
launching of space objects within the meaning of the Convention on
International Liability for Damage Caused by Space Objects of 29 March
1972. In the absence of such clauses, the provisions of this paragraph
shall apply.
Article 15
Settlement of Disputes
1. In the event of disputes arising in connection with the
interpretation or implementation of the provisions of this Agreement,
the Parties shall privilege means of amicable settlement and, if
necessary, shall hold consultations for this purpose.
2. The Government of the Russian Federation or its competent
organisation, of the one part, and the European Space Agency, of the
other part, may, in the specific agreements, arrangements and
contracts referred to in Article 3, paragraph 3 of this Agreement,
define the norms and principles applicable to the settlement of
disputes in the framework of the cooperative activities, programmes
and projects covered by this Agreement. In the absence of such norms
and principles in the said agreements, arrangements and contracts, any
dispute arising between the parties thereto shall be settled in
accordance with the norms and principles defined in this Article.
3. Any dispute which may arise between the competent organisation
of the Government of the Russian Federation and the European Space
Agency shall first be referred to the senior executives of these
organisations who shall use their best efforts to settle by consensus
issues of facts and law in the interests of the cooperative
activities, programmes and projects covered by this Agreement.
Conciliation may be used in this context for the purpose of achieving
agreement or drafting findings or recommendations on all issues of
facts and law relating to the issue under dispute. If a dispute cannot
be settled, the related issues may be raised with the Parties.
4. If a dispute cannot be settled within six months in accordance
with the norms and principles described in paragraphs 1 and 3 of this
Article, and in the absence of mutual agreement on other means of
settlement, it shall at the request of either Party be submitted to an
Arbitration Tribunal in accordance with paragraphs 5 to 9 of this
Article.
5. The Party commencing proceedings shall communicate to the
other Party the name of an arbitrator appointed by it. The other Party
shall, within a period of thirty days following such notification,
communicate the name of its arbitrator. The two arbitrators shall,
within a period of thirty days following the appointment of the second
arbitrator, appoint a third arbitrator who shall not be a national of
the Russian Federation or of any of the Member States of the European
Space Agency and shall not be of the same nationality as either of the
first two arbitrators. The third arbitrator shall be the Arbitration
Tribunal`s President.
6. If the time-limits stipulated in paragraph 5 of this Article
are not met, either Party may, in the absence of any other agreement,
invite the President of the International Court of Justice (The Hague,
the Netherlands) to make the necessary appointments from among persons
of international standing not having the nationality of the Russian
Federation or of any of the Member States of the European Space
Agency. If the President of the International Court of Justice is a
national of the Russian Federation or of a Member State of the
European Space Agency, or for whatever other reason is incapable of
performing this function, then the necessary appointments shall be
made by the Vice-President of the International Court of Justice. If
the Vice-President of the International Court of Justice in turn is a
national of any of those States, or for whatever other reason is
incapable of performing this function, then the necessary appointments
shall be made by the next most senior member of the International
Court of Justice who is a national neither of the Russian Federation
nor of a Member State of the European Space Agency.
7. The Arbitration Tribunal shall decide where it sits, and shall
adopt its own rules of procedure. It shall be the judge of its own
competence and shall apply the provisions of this Agreement and of any
other relevant agreements, arrangements and contracts concluded
between the parties to the dispute, as well as the applicable rules of
international law.
8. The decisions of the Arbitration Tribunal shall be taken by a
majority of its members, who may not abstain from voting, and who
shall remain free to judge whether or not to state the reasons on
which they based their vote. At the joint request of the parties to
the dispute, the Arbitration Tribunal may formulate recommendations to
serve only as a basis for those parties to examine the issues that led
to that dispute. The award of the Arbitration Tribunal shall be
rendered in writing and, unless the parties to the dispute agreed in
advance in writing on a procedure of appeal, it shall be final and
binding on each party to the dispute. The Arbitration Tribunal shall
interpret the award at the request of either party to the dispute.
9. Each party to the dispute shall bear the costs of its pleas
and proceedings. Unless otherwise determined by the Arbitration
Tribunal because of the particular circumstances of the case, the
expenses of the Arbitration Tribunal, including the remuneration of
its members, shall be borne by the parties to the dispute in equal
shares. Any other expenses in connection with the settlement of the
dispute in the course of arbitration shall also be borne by the
parties to the dispute in equal shares, unless the parties to the
dispute agree to do otherwise.
Article 16
Other Clauses
1. This Agreement contains an Annex on intellectual property
rights which shall form an integral part thereof.
2. This Agreement shall be applied provisionally from the date of
its signature, and shall enter into force from the date of the last
written notification through diplomatic channels of the completion by
the Parties of the internal procedures necessary for its entry into
force.
3. This Agreement shall remain in force for ten years from the
date of its entry into force, and shall be automatically extended for
subsequent periods of five years unless either of the Parties notifies
the other Party in writing through diplomatic channels of its
intention to terminate it at least one year prior to the expiry of the
current period of its validity. This Agreement shall terminate upon
the expiry of twelve months after receipt by the other Party of such
written notification.
4. In the event that this Agreement is terminated in accordance
with paragraph 3 of this Article, its provisions shall continue to
apply with respect to all cooperative activities, programmes and
projects being carried out, unless the Parties agree otherwise. The
termination of this Agreement shall not relieve the Parties, the
competent organisation of the Government of the Russian Federation and
the other entities designated in accordance with Article 3, paragraph
2 of this Agreement of their financial or contractual obligations
still in force, or constitute a legal basis for the revision of the
said obligations, and shall not affect the rights and obligations of
natural and legal persons which arose before the said termination.
5. This Agreement may be amended by mutual agreement of the
Parties. The agreed amendments shall enter into force from the date of
the last written notification through diplomatic channels of the
completion by the Parties of the internal procedures necessary for
their entry into force.
6. On the date of entry into force of this Agreement, the
Agreement between the Government of the Union of Soviet Socialist
Republics and the European Space Agency concerning Cooperation in the
Field of the Exploration and Use of Outer Space for Peaceful Purposes
of 25 April 1990 shall cease to have its effect in the relations
between the Russian Federation and the European Space Agency. The
Government of the Russian Federation or its competent organisation, of
the one part, and the European Space Agency, of the other part, shall
endeavour, as necessary through appropriate consultations, to provide
the conditions for continued implementation under the provisions of
this Agreement of the joint projects undertaken pursuant to the said
Agreement of 25 April 1990.
Done at Paris on 11 February 2003 in two originals, each in the
Russian and English languages, both of these texts being equally
authentic.
Annex
INTELLECTUAL PROPERTY RIGHTS
Definitions and General Provisions
1. For the purpose of this Annex the following definitions shall
apply:
- "participants" shall mean the competent organisation of the
Government of the Russian Federation, the European Space Agency and
other entities (institutions, enterprises, institutes, centres and
firms) which are subjects of public or private law of the Russian
Federation and the Member States of the European Space Agency, and
which are involved in the cooperative activities, programmes and
projects covered by this Agreement;
- "joint activity" or "joint research" shall mean activity or
research which is designated as such in the specific agreements,
arrangements and contracts referred to in Article 3, paragraph 3 of
this Agreement;
- "background intellectual property" means intellectual property
to which the Parties or the participants have acquired and have
identified rights prior to the beginning of any joint activity and
which they intend to use for the purpose of such activity.
2. The Parties and the participants undertake to effectively
protect results obtained in the framework of the cooperative
activities, programmes and projects covered by this Agreement, and any
specific agreements, arrangements and contracts that may be concluded
pursuant to Article 3, paragraph 3 of this Agreement. The Parties and
the participants shall notify each other within a reasonable time of
the creation of any intellectual property arising out of the
cooperative activities, programmes and projects covered by this
Agreement, and seek protection for such intellectual property in a
timely fashion.
I. Scope
1. This Annex is applicable to those areas and forms of
cooperation described in Article 2 of this Agreement, except as
otherwise agreed by the Parties as provided for in Article 5 of this
Agreement.
2. This Annex addresses the allocation of rights and interests of
the Parties and participants. Each Party and participant shall ensure
that the other Party and participants may obtain the rights to
intellectual property allocated to them in accordance with this Annex.
3. This Annex does not alter or otherwise prejudice the Parties`
legal regulation of intellectual property, as determined by the norms
and regulations that are applicable to each of them with regard to the
allocation of rights, interests and royalties. This Annex does not
alter or otherwise prejudice the existing relationships between the
competent organisation of the Government of the Russian Federation or
the European Space Agency, of the one part, and the entities
designated in accordance with Article 3, paragraph 2 of this
Agreement, of the other part, nor the relationships between those
entities, nor the interests of third persons. This Annex does not
prejudice the international obligations of the Parties.
In this context, the Government of the Russian Federation states
to effectively protect background intellectual property of the Russian
Federation created by means of its state budgetary allocations by:
- coordinating regulatory matters related to the protection of
background intellectual property;
- implementing measures aimed at preventing, identifying,
restraining and investigating infringements with regard to background
intellectual property, on the understanding that for the purposes of
this Agreement its competent organisation shall be vested with
relevant authority.
4. The Parties and the participants shall retain ownership of the
background intellectual property created or granted earlier or
resulting from independent activity or research.
5. Any dispute concerning intellectual property shall be resolved
by means of amicable settlement. Should a dispute remain unsettled, it
shall be referred to arbitration in accordance with UNCITRAL
Arbitration Rules.
6. The termination of this Agreement shall not affect the rights
or obligations arising on the basis of this Annex, if they were
respectively created or accepted before such termination.
II. Ownership, Allocation and Exercise
of Intellectual Property Rights
1. The following main principles shall apply to ownership,
allocation and exercise of intellectual property rights:
- adequate protection of intellectual property;
- due consideration for the respective contributions of the
Parties and the participants in determining their respective rights
and interests;
- effective exploitation of results of the joint activity or
joint research;
- non-discriminatory treatment of participants;
- protection of confidential information.
2. For the intellectual property jointly created in the context
of the specific agreements, arrangements and contracts referred to in
Article 3, paragraph 3 of this Agreement, the participants shall
jointly develop Technology Management Plans either before the
beginning of the specific scientific research and experimental and
design cooperation, or immediately after the identification of results
which can be protected under an intellectual property title.
3. In respect of the ownership and use, including publication, of
intellectual property that may be received or created in the course of
a joint activity, Technology Management Plans shall:
- take the form of specific agreements between the participants
on the performance of a joint activity and their corresponding rights
and obligations, upon approval in accordance with the rules and
procedures applicable to each Party;
- determine, in general, the arrangements governing possession
and protection of intellectual property, the rights of users for
scientific research and experimental and design purposes, for
utilisation and for dissemination, including arrangements on joint
publications, and the rights and obligations of attached scientists,
engineers and specialised personnel, and also include procedures for
the resolution of disputes; they may cover licensing matters and the
transfer of the results of scientific investigations; and
- be elaborated taking into account the objectives of joint
activity, the respective contributions made by the participants, and
the advantages and disadvantages of licensing based on the
geographical territory or area of application, the transfer of data,
goods or services subject to export control, requirements under the
applicable laws, and other factors that may be considered necessary by
the participants.
4. Intellectual property created in the course of joint research
and not addressed in the Technology Management Plans shall be
allocated, with the approval of the Parties, according to the
principles set out in section II, paragraph 1 of this Annex. In case
of disagreement, such intellectual property shall be owned jointly by
all the participants involved in the joint research from which the
intellectual property results. Each participant to which this
provision applies shall have the right to use such intellectual
property for its own exploitation with no geographical limitation.
5. The rules for the internal regulation of host organisations or
institutions as regards intellectual property rights, as well as
possible remuneration related to these rights as they are determined
by the internal regulations of each of the host organisations or
institutions, shall extend to researchers and scientists of one of the
participants enlisted in the service of any organisations or
institutions of the other participant. Each researcher or scientist,
designated as an inventor, is entitled in accordance with his
contribution to a share of remuneration earned by the host
organisations or institutions for licensing such intellectual
property.
6. The use of background intellectual property, which does not
result from joint research, shall be established by specific
agreements between the Parties and/or the participants.
III. Copyright
Publications shall be protected by copyright. The Parties and the
participants shall provide for treatment of copyrighted works in
accordance with the provisions of the Bern Convention for the
protection of literary and artistic work (Paris Act 1971).
IV. Publications of a Scientific Character
1. The participants shall ensure that publications of a
scientific character arising from joint research pursuant to this
Agreement shall be disseminated as widely as possible.
2. Unless otherwise agreed in the Technology Management Plans,
publication of results of joint research shall be made jointly by the
participants in that joint research.
Subject to the foregoing general rule, the following procedures
shall apply:
- in the case of publication by a participant of scientific and
technical journals, articles, reports, books, as well as release of
audio or video productions and software, arising from joint research
pursuant to this Agreement, the other participant shall be entitled
within the limits specified within the Technology Management Plans to
a worldwide, non-exclusive, irrevocable and royalty-free licence to
translate, reproduce, adapt, transmit and publicly distribute such
works;
- all copies of a copyrighted work to be publicly distributed
under this paragraph shall indicate the name of the author of the work
unless such author explicitly declines to be named. Such copies shall
also bear a clearly visible acknowledgement of the respective
contributions of the participants involved in the publication.Страницы: 1 2 |