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(1)
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The
Organization, in connexion with any work performed by it or on its behalf at
its expense, shall acquire in inventions and technical information those
rights, but no more than those rights, which are necessary in the common
interests of the Organization and of the Signatories in their capacity as
such. In the case of work done under contract, any such rights obtained shall
be on a non-exclusive basis.
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(2)
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For the
purpose of paragraph (1) the Organization, taking into account its principles
and objectives and generally accepted industrial practices, shall, in
connexion with such work involving a significant element of study, research
or development ensure for itself:
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(a)
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The right to
have disclosed to it without payment all inventions and technical information
generated by such work.
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(b)
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The right to
disclose and to have disclosed to Parties and Signatories and others within
the jurisdiction of any Party such inventions and technical information, and
to use and to authorize and to have authorized Parties and Signatories and
such others to use such inventions and technical information without payment
in connexion with the INMARSAT space segment and any earth station on land or
ship station operating in conjunction therewith.
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(3)
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In the case
of work done under contract, ownership of the rights in inventions and
technical information generated under the contract shall be retained by the
contractor.
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(4)
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The
Organization shall also ensure for itself the right, on fair and reasonable
terms and conditions, to use and to have used inventions and technical
information directly utilized in the execution of work performed on its
behalf but not included in paragraph (2), to the extent that such use is
necessary for the reconstruction or modification of any product actually
delivered under a contract financed by the Organization, and to the extent
that the person who has performed such work is entitled to grant such right.
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(5)
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The Council
may in individual cases approve a deviation from the policies prescribed in
paragraphs (2)(b) and (4), where in the course of negotiation it is
demonstrated to the Council that failure to deviate would be detrimental to
the interests of the Organization.
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(6)
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The Council
may also, in individual cases where exceptional circumstances warrant,
approve a deviation from the policy prescribed in paragraph (3) where all the
following conditions are met:
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(a)
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It is
demonstrated to the Council that failure to deviate would be detrimental to
the interests of the Organization.
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(b)
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The Council
determines that the Organization should be able to ensure patent protection
in any country.
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(c)
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Where, and
to the extent that, the contractor is unable or unwilling to ensure such
patent protection within the time required.
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(7)
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With respect
to inventions and technical information in which rights are acquired by the
Organization otherwise than pursuant to paragraph (2), the Organization, to
the extent that it has the right to do so, shall upon request:
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(a)
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Disclose or
have disclosed such inventions and technical information to any Party or
Signatory subject to reimbursement of any payment made by or required of the
Organization in respect of the exercise of this right of disclosure.
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(b)
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Make
available to any Party or Signatory the right to disclose or have disclosed
to others within the jurisdiction of any Party and to use and to authorize
and to have authorized such others to use such inventions and technical
information:
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(i)
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Without
payment in connection with the INMARSAT space segment or any earth station on
land or ship operating in conjunction therewith.
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(ii)
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For any
other purpose, on fair and reasonable terms and conditions to be settled
between Signatories or others within the jurisdiction of any Party and the
Organization or the owner of the inventions and technical information or any
other authorized entity or person having a property interest therein, and
subject to reimbursement of any payment made by or required of the
Organization in respect of the exercise of these rights.
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(8)
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The
disclosure and use, and the terms and conditions of disclosure and use, of
all inventions and technical information in which the Organization has
acquired any rights shall be on a non-discriminatory basis with respect to
all Signatories and others within the jurisdiction of Parties.
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(9)
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Nothing in
this Article shall preclude the Organization, if desirable, from entering
into contracts with persons subject to domestic laws and regulations relating
to the disclosure of technical information.
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