II. Allocation of Rights

1. With regard to possession (if applicable), allocation and exercise of intellectual property rights, the Parties and cooperating organizations shall apply the following basic principles of:

a) adequate protection of the results of intellectual activities obtained and/or used within the framework of the Agreement;

b) due consideration of corresponding contributions by the Parties and cooperating organizations when their rights to the jointly created intellectual property are allocated;

c) efficient use of intellectual property;

d) non-discrimination with respect to participants in joint activities;

e) protection of business confidential information;

f) transfer and use of background intellectual property only after its legal protection in the territory of the State where it shall be used is ensured;

g) mandatory implementation by the Parties of measures aimed at preventing, identifying, investigating and restraining infringements with regard to intellectual property created by means of budgetary allocations of the States of the Parties.

2. With regard to the intellectual property created in the course of the joint activities, the Parties or cooperating organizations shall jointly elaborate a plan for the assessment and use of the results either before the beginning of their cooperation or within reasonable time from the date when one Party or its cooperating organization notifies the other Party or its cooperating organization in writing of obtaining a result subject to protection as an object of intellectual property.

3. Each Party or cooperating organization shall be entitled to a nonexclusive, irrevocable and royalty-free license in all countries to translate, reproduce and publicly distribute articles, reports and books directly arising from the joint activities under the Agreement. All publicly distributed copies of copyrighted works prepared under this provision shall indicate the name of the author of the work unless the author explicitly declines to be named.

4. Rights of visiting researchers, inventors and authors to all types of intellectual property, other than those rights described in paragraph 3 of this Section, shall be allocated as follows:

1) visiting researchers, inventors and authors of one Party, for example, scientists visiting cooperating organization of the other Party primarily in furtherance of their education shall receive intellectual property rights under the policies of the host institution;

2) (a) in relation to intellectual property rights created during joint research, for example, when the Parties, cooperating organizations, or their personnel have agreed in advance on the scope of work, each Party, cooperating organization or a person from among the personnel shall be entitled to obtain all rights and benefits in its country. Rights and benefits in third countries shall be determined in separate agreements. If research is not defined as joint research in separate agreements, rights to intellectual property created as a result of the research shall be allocated in accordance with subparagraph 1 of this paragraph.

(b) notwithstanding subparagraph (a) of this paragraph, if an object of intellectual property is protected under the laws and other statutory acts of the State of one Party, but is not protected under the laws and other statutory Acts of the State of the other Party, the Party or cooperating organization, the laws and other statutory Acts of the State which provides such protection shall provide for such protection in the territory of its State on conditions agreed to by the Parties or the cooperating organizations considering their respective contributions.

(c) persons named as inventors or authors shall be entitled to awards, bonuses, benefits, or any other rewards in accordance with the policies of the cooperating organization of the Party obtaining rights.

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	Agreement between the Government of the Russian Federation and the Government of the Republic of South Africa on Cooperation...