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- Agreement for Cooperation between the European Atomic Energy Community and the Government of the Russian Federation in the Field of Nuclear Safety (Brussels, October 3, 2001)
- Guiding principles on the allocation of intellectual property rights resulting from joint research activities under the Agreement for Cooperation in the field of nuclear safety
- I. OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS
I. OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS
I. OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS
1. This Annex shall apply to joint research activities under this Agreement except as otherwise agreed by the Parties. The participants shall jointly develop technology management plans (TMPs) in respect of the ownership and use, including publication, of information and intellectual property, hereinafter referred to as results of intellectual activities (RIA), to be created in the course of joint research. The TMPs shall be approved by the Parties before the conclusion of any specific R&D cooperation contracts to which they refer. The TMPs shall be developed taking into account the aims of the joint research, the relative contributions of the participants, peculiarities of licensing by territory or for a specific field of use, requirements imposed by laws applicable and other factors deemed appropriate by the participants. The rights and obligations concerning the research generated by visiting researchers under this Agreement in respect of RIA shall also be addressed in the joint TMPs.
2. RIA created in the course of joint research and not addressed in the TMP shall be allocated, with the approval of the Parties, according to the principles set out in the TMP. In case of disagreement, such RIA shall be owned jointly by all the participants involved in the joint research from which the RIA results. Each participant to whom this provision applies shall have the right to use such RIA for his own commercial exploitation with no geographical limitation.
3. Each Party shall ensure that the other Party and its participants shall have the rights to RIA allocated to them in accordance with these principles.
4. While maintaining the conditions of competition in areas affected by this Agreement each Party shall endeavour to ensure that rights acquired pursuant to this Agreement and arrangements made under it are exercised in such a way as to encourage in particular:
(i) the dissemination and use of information created, disclosed legally, or otherwise legally made available, under the Agreement;
(ii) the adoption and implementation of international technical standards.