||RUSSIAN FEDERATION AGREEMENT BETWEEN THE UNITED
STATES OF AMERICA AND THE RUSSIAN FEDERATION CONCERNING COOPERATION
IN THE EXPLORATION AND USE OF OUTER SPACE FOR PEACEFUL PURPOSES
(Signed at Washington D.C. on June 17, 1992, Proclaimed
on June 17 , 1992)
The United States of America and the Russian Federation, hereinafter referred
to as the Parties;
Considering the role of the two States in the exploration and use of outer
space for peaceful purposes;
Desiring to make the results of the exploration and use of outer space available
for the benefit of the peoples of the two states and of all peoples of the
Considering the respective interests of the Parties in the potential for
commercial applications of space technologies for the general benefit;
Taking into consideration 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, and other multilateral agreements regarding
the exploration and use of outer space to which both States are Parties;
Expressing their satisfaction with cooperative accomplishments in the fields
of astronomy and astrophysics, earth sciences, space biology and medicine,
solar system exploration and solar terrestrial physics, as well as their
desire to continue and enhance cooperation in these and other fields;
Have agreed as follows:
||The Parties, through their implementing agencies, shall
carry out civil space cooperation in the fields of space science,
space exploration, space applications and space technology on the
basis of equality, reciprocity and mutual benefit. Cooperation may
include human and robotic space flight projects, ground-based operations
and experiments and other activities in such areas as:
||Monitoring the global environment from space;
||Space Shuttle and Mir Space Station missions involving the
participation of U.S. astronauts and Russian cosmonauts;
||Safety of space flight activities;
||Space biology and medicine; and,
||Examining the possibilities of working together in other areas,
such as the exploration of Mars.
||For purposes of developing and carrying out the cooperation
envisaged in Article 1 of this Agreement, the Parties hereby designate,
respectively, as their principal implementing agencies the National
Aeronautics and Space Administration for the United States and the
Russian Space Agency for the Russian Federation.
The Parties may designate additional implementing agencies as they
deem necessary to facilitate the conduct of specific cooperative activities
in the fields enumerated in Article 1 of this Agreement.
Each of the cooperative projects may be the subject of a specific
written agreement between the designated implementing agencies that
defines the nature and scope of the project, the individual and joint
responsibilities of the designated implementing agencies related to
the project, financial arrangements, if any, and the protection of
intellectual property consistent with the provisions of this Agreement.
||Cooperative activities under this Agreement shall be
conducted in accordance with national laws and regulations of each
party, and shall be within the limits of available funds.
||The Parties shall hold annual consultations on civil
space cooperation in order to provide a mechanism for government-level
review of ongoing bilateral cooperation under this Agreement and to
exchange views on such various space matters.
These consultations could also provide the principal means for presenting
proposals for new activities falling within the scope of this Agreement.
||This Agreement shall be without prejudice to the cooperation
of either Party with other states and international organizations.
||The Parties shall ensure adequate and effective protection
of intellectual property created or furnished under this Agreement
and relevant agreements concluded pursuant to Article II of this Agreement.
Where allocation of rights to intellectual property is provided for
in such agreements, the allocation shall be made in accordance with
the Annex attached hereto which is an integral part of this Agreement.
To the extent that it is necessary and appropriate, such agreements
may contain different provisions for protection and allocation of
||This Agreement shall enter into force upon signature
by the Parties and shall remain in force for five years. It may be
extended for further five-year periods by an exchange of diplomatic
notes. This Agreement may be terminated by either Party on six months
written notice, through the diplomatic channel, to the other Party.
DONE at Washington, in duplicate, this seventeenth day of June, 1992,
in the English and Russian languages, both texts being equally authentic.
|FOR THE UNITED STATES
||FOR THE RUSSIAN FEDERATION:
ANNEX: INTELLECTUAL PROPERTY
Pursuant to Article VI of this Agreement:
The Parties shall ensure adequate and effective protection of intellectual
property created or furnished under this Agreement and relevant agreements
concluded pursuant to Article II of this Agreement. The Parties agree to
notify one another in a timely fashion of any inventions or copyrighted
works arising under this Agreement and to seek protection for such intellectual
property in a timely fashion. Rights to such intellectual property shall
be allocated as provided in this Annex.
||This annex is applicable to all cooperative activities undertaken
pursuant to this Agreement, except as otherwise specifically agreed
by the Parties or their designees.
||For purposes of this Agreement, "intellectual property" shall have
the meaning found in Article 2 of the convention establishing the
World Intellectual Property Organization, done at Stockholm, July
||This Annex addresses the allocation of rights, interests, and royalties
between the Parties. Each Party shall ensure that the other Party
can obtain the rights to intellectual property allocated in accordance
with the Annex, by obtaining those rights from its own participants
through contracts or other legal means, if necessary. This Annex does
not otherwise alter or prejudice the allocation between a Party and
its nationals, which shall be determined by that Party's laws and
||Disputes concerning intellectual property arising under this Agreement
should be resolved through discussions between the concerned participating
institutions or, if necessary, the Parties or their designees. Upon
mutual agreement of the Parties, a dispute shall be submitted to an
arbitral tribunal for binding arbitration in accordance with the applicable
rules of international law. Unless the Parties or their designees
agree otherwise in writing, the arbitration rules of UNCITRAL shall
||Termination or expiration of this Agreement shall not affect rights
or obligations under this Annex.
II. ALLOCATION OF RIGHTS
||Each Party shall be entitled to a non-exclusive irrevocable, royalty-free
license in all countries to translate, reproduce, and publicly distribute
scientific and technical journal articles, reports, and books directly
arising from cooperation under this Agreement. All publicly distributed
copies of a copyrighted work prepared under this provision shall indicate
the names of the authors of the work unless an author explicitly declines
to be named.
||Rights to all forms of intellectual property, other than those rights
described in Section II(a) above, shall be allocated as follows:
||Visiting researchers and scientists visiting primarily in
furtherance of their education shall receive intellectual property
rights under the policies of the host institution. In addition,
each visiting researcher or scientist named as an inventor shall
be entitled to share in a portion of any royalties earned by
the host institution from the licensing of such intellectual
||For intellectual property created during joint research
with participation from the two Parties, for example,
when the Parties, participating institutions, or participating
personnel have agreed in advance on the scope of work,
each Party shall be entitled to obtain all rights and
interests in its own country. Rights and interests in
third countries will be determined in agreements concluded
pursuant to Article II of this Agreement. The rights to
intellectual property shall be allocated with due respect
for the economic, scientific and technological contributions
from each Party to the creation of intellectual property.
If research is not designated as "joint research" in the
relevant agreement concluded pursuant to Article II of
this Agreement, rights to intellectual property arising
from the research shall be allocated in accordance with
Paragraph IIb1. In addition, each person named as an inventor
shall be entitled to share in a portion of any royalties
earned by their institution from the licensing of the
||Notwithstanding Paragraph IIb2(a), if a type of intellectual
property is available under the laws of one Party but
not the other Party, the Party whose laws provide for
this type of protection shall be entitled to all rights
and interests in all countries which provide rights to
such intellectual property. Persons named as inventors
of the property shall nonetheless be entitled to royalties
as provided in Paragraph IIb2(a).
III. BUSINESS-CONFIDENTIAL INFORMATION
In the event that information identified in a timely fashion as business-confidential
is furnished or created under the Agreement, each Party and its participants
shall protect such information in accordance with applicable laws, regulations,
and administrative practice. Information may be identified as "business-confidential"
if a person having the information may derive an economic benefit from it
or may obtain a competitive advantage over those who do not have it, the
information is not generally known or publicly available from other sources,
and the owner has not previously made the information available without
imposing in a timely manner an obligation to keep it confidential.