GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Civil International Space Station Agreement Implementation Act — C-31.3 (2)
(2) a user or customer of a Partner State at any tier; or
Civil International Space Station Agreement Implementation Act — C-31.3 (3)
(3) a contractor or subcontractor of a user or customer of a Partner State at any tier.
Civil International Space Station Agreement Implementation Act — C-31.3
This subparagraph may also apply to a State, or an agency or institution of a State, having the same relationship to a Partner State as described in subparagraphs 2(b)(1) through 2(b)(3) above or otherwise engaged in the implementation of Protected Space Operations as defined in subparagraph 2(f) below.
Civil International Space Station Agreement Implementation Act — C-31.3
Contractors and subcontractors include suppliers of any kind.
Civil International Space Station Agreement Implementation Act — C-31.3 (c)
(c) The term damage means: (1) bodily injury to, or other impairment of health of, or death of, any person; (2) damage to, loss of, or loss of use of any property; (3) loss of revenue or profits; or (4) other direct, indirect or consequential damage.
Civil International Space Station Agreement Implementation Act — C-31.3 (1)
(1) bodily injury to, or other impairment of health of, or death of, any person;
Civil International Space Station Agreement Implementation Act — C-31.3 (2)
(2) damage to, loss of, or loss of use of any property;
Civil International Space Station Agreement Implementation Act — C-31.3 (4)
(4) other direct, indirect or consequential damage.
Civil International Space Station Agreement Implementation Act — C-31.3 (d)
(d) The term launch vehicle means an object (or any part thereof) intended for launch, launched from Earth, or returning to Earth which carries payloads or persons, or both.
Civil International Space Station Agreement Implementation Act — C-31.3 (e)
(e) The term payload means all property to be flown or used on or in a launch vehicle or the Space Station.
Civil International Space Station Agreement Implementation Act — C-31.3 (f)
(f) The term Protected Space Operations means all launch vehicle activities, Space Station activities, and payload activities on Earth, in outer space, or in transit between Earth and outer space in implementation of this Agreement, the MOUs, and implementing arrangements. It includes, but is not limited to: (1) research, design, development, test, manufacture, assembly, integration, operation, or use of launch or transfer vehicles, the Space Station, or a payload, as well as related support equipment and facilities and services; and (2) all activities related to ground support, test, training, simulation, or guidance and control equipment and related facilities or services. Protected Space Operations also includes all activities related to evolution of the Space Station, as provided for in Article 14. Protected Space Operations excludes activities on Earth which are conducted on return from the Space Station to develop further a payload’s product or process for use other than for Space Station related activities in implementation of this Agreement.
Civil International Space Station Agreement Implementation Act — C-31.3 (1)
(1) research, design, development, test, manufacture, assembly, integration, operation, or use of launch or transfer vehicles, the Space Station, or a payload, as well as related support equipment and facilities and services; and
Civil International Space Station Agreement Implementation Act — C-31.3 (2)
(2) all activities related to ground support, test, training, simulation, or guidance and control equipment and related facilities or services.
Civil International Space Station Agreement Implementation Act — C-31.3
Protected Space Operations also includes all activities related to evolution of the Space Station, as provided for in Article 14. Protected Space Operations excludes activities on Earth which are conducted on return from the Space Station to develop further a payload’s product or process for use other than for Space Station related activities in implementation of this Agreement.
Civil International Space Station Agreement Implementation Act — C-31.3 (2)
(2) a related entity of another Partner State;
Civil International Space Station Agreement Implementation Act — C-31.3 (3)
(3) the employees of any of the entities identified in subparagraphs 3(a)(1) and 3(a)(2) above.
Civil International Space Station Agreement Implementation Act — C-31.3 (b)
(b) In addition, each Partner State shall, by contract or otherwise, extend the cross-waiver of liability as set forth in subparagraph 3(a) above to its related entities by requiring them to: (1) waive all claims against the entities or persons identified in subparagraphs 3(a)(1) through 3(a)(3) above; and (2) require that their related entities waive all claims against the entities or persons identified in subparagraphs 3(a)(1) through 3(a)(3) above.
Civil International Space Station Agreement Implementation Act — C-31.3 (1)
(1) waive all claims against the entities or persons identified in subparagraphs 3(a)(1) through 3(a)(3) above; and
Civil International Space Station Agreement Implementation Act — C-31.3 (2)
(2) require that their related entities waive all claims against the entities or persons identified in subparagraphs 3(a)(1) through 3(a)(3) above.
Civil International Space Station Agreement Implementation Act — C-31.3 (c)
(c) For avoidance of doubt, this cross-waiver of liability includes a cross-waiver of liability arising from the Liability Convention where the person, entity, or property causing the damage is involved in Protected Space Operations and the person, entity, or property damaged is damaged by virtue of its involvement in Protected Space Operations.
Civil International Space Station Agreement Implementation Act — C-31.3 (d)
(d) Notwithstanding the other provisions of this Article, this cross-waiver of liability shall not be applicable to: (1) claims between a Partner State and its related entity or between its own related entities; (2) claims made by a natural person, his/her estate, survivors or subrogees (except when a subrogee is a Partner State) for bodily injury to, or other impairment of health of, or death of such natural person; (3) claims for damage caused by willful misconduct; (4) intellectual property claims; (5) claims for damage resulting from a failure of a Partner State to extend the cross-waiver of liability to its related entities, pursuant to subparagraph 3(b) above.
Civil International Space Station Agreement Implementation Act — C-31.3 (1)
(1) claims between a Partner State and its related entity or between its own related entities;
Civil International Space Station Agreement Implementation Act — C-31.3 (2)
(2) claims made by a natural person, his/her estate, survivors or subrogees (except when a subrogee is a Partner State) for bodily injury to, or other impairment of health of, or death of such natural person;
Civil International Space Station Agreement Implementation Act — C-31.3 (3)
(3) claims for damage caused by willful misconduct;
Civil International Space Station Agreement Implementation Act — C-31.3 (5)
(5) claims for damage resulting from a failure of a Partner State to extend the cross-waiver of liability to its related entities, pursuant to subparagraph 3(b) above.
Civil International Space Station Agreement Implementation Act — C-31.3 (e)
(e) With respect to subparagraph 3(d)(2) above, in the event that a subrogated claim of the Government of Japan is not based upon government employee accident compensation law, the Government of Japan shall fulfill its obligation to waive such subrogated claim by ensuring that any assisting entity specified pursuant to subparagraph 2(a) above indemnifies, in a manner consistent with Article 15(2) and in accordance with applicable laws and regulations of Japan, any entity or person identified in subparagraphs 3(a)(1) through 3(a)(3) above against liability arising from such subrogated claim by the Government of Japan. Nothing in this Article shall preclude the Government of Japan from waiving the foregoing subrogated claims.
Civil International Space Station Agreement Implementation Act — C-31.3 (f)
(f) Nothing in this Article shall be construed to create the basis for a claim or suit where none would otherwise exist.
Civil International Space Station Agreement Implementation Act — C-31.3 1
1 Except as otherwise provided in Article 16, the Partner States, as well as ESA, shall remain liable in accordance with the Liability Convention.
Civil International Space Station Agreement Implementation Act — C-31.3 2
2 In the event of a claim arising out of the Liability Convention, the Partners (and ESA, if appropriate) shall consult promptly on any potential liability, on any apportionment of such liability, and on the defense of such claim.
Civil International Space Station Agreement Implementation Act — C-31.3 3
3 Regarding the provision of launch and return services provided for in Article 12(2), the Partners concerned (and ESA, if appropriate) may conclude separate agreements regarding the apportionment of any potential joint and several liability arising out of the Liability Convention.
Civil International Space Station Agreement Implementation Act — C-31.3 1
1 Each Partner State shall facilitate the movement of persons and goods necessary to implement this Agreement into and out of its territory, subject to its laws and regulations.
Civil International Space Station Agreement Implementation Act — C-31.3 2
2 Subject to its laws and regulations, each Partner State shall facilitate provision of the appropriate entry and residence documentation for nationals and families of nationals of another Partner State who enter or exit or reside within the territory of the first Partner State in order to carry out functions necessary for the implementation of this Agreement.
Civil International Space Station Agreement Implementation Act — C-31.3 3
3 Each Partner State shall grant permission for duty-free importation and exportation to and from its territory of goods and software which are necessary for implementation of this Agreement and shall ensure their exemption from any other taxes and duties collected by the customs authorities. This paragraph shall be implemented without regard to the country of origin of such necessary goods and software.
Civil International Space Station Agreement Implementation Act — C-31.3 1
1 Except as otherwise provided in this paragraph, each Partner, acting through its Cooperating Agency shall transfer all technical data and goods considered to be necessary (by both parties to any transfer) to fulfill the responsibilities of that Partner’s Cooperating Agency under the relevant MOUs and implementing arrangements. Each Partner undertakes to handle expeditiously any request for technical data or goods presented by the Cooperating Agency of another Partner for the purposes of Space Station cooperation. This Article shall not require a Partner State to transfer any technical data and goods in contravention of its national laws or regulations.
Civil International Space Station Agreement Implementation Act — C-31.3 2
2 The Partners shall make their best efforts to handle expeditiously requests for authorization of transfers of technical data and goods by persons or entities other than the Partners or their Cooperating Agencies (for example, company-to-company exchanges which are likely to develop), and they shall encourage and facilitate such transfers in connection with the Space Station cooperation under this Agreement. Otherwise, such transfers are not covered by the terms and conditions of this Article. National laws and regulations shall apply to such transfers.
Civil International Space Station Agreement Implementation Act — C-31.3 (a)
(a) The furnishing Cooperating Agency shall mark with a notice, or otherwise specifically identify, the technical data or goods that are to be protected for export control purposes. Such a notice or identification shall indicate any specific conditions regarding how such technical data or goods may be used by the receiving Cooperating Agency and its contractors and subcontractors, including (1) that such technical data or goods shall be used only for the purposes of fulfilling the receiving Cooperating Agency’s responsibilities under this Agreement and the relevant MOUs, and (2) that such technical data or goods shall not be used by persons or entities other than the receiving Cooperating Agency, its contractors or subcontractors, or for any other purposes, without the prior written permission of the furnishing Partner State, acting through its Cooperating Agency.
Civil International Space Station Agreement Implementation Act — C-31.3 (1)
(1) that such technical data or goods shall be used only for the purposes of fulfilling the receiving Cooperating Agency’s responsibilities under this Agreement and the relevant MOUs, and
Civil International Space Station Agreement Implementation Act — C-31.3 (2)
(2) that such technical data or goods shall not be used by persons or entities other than the receiving Cooperating Agency, its contractors or subcontractors, or for any other purposes, without the prior written permission of the furnishing Partner State, acting through its Cooperating Agency.
Civil International Space Station Agreement Implementation Act — C-31.3 (b)
(b) The furnishing Cooperating Agency shall mark with a notice the technical data that are to be protected for proprietary rights purposes. Such notice shall indicate any specific conditions regarding how such technical data may be used by the receiving Cooperating Agency and its contractors and subcontractors, including (1) that such technical data shall be used, duplicated, or disclosed only for the purposes of fulfilling the receiving Cooperating Agency’s responsibilities under this Agreement and the relevant MOUs, and (2) that such technical data shall not be used by persons or entities other than the receiving Cooperating Agency, its contractors or subcontractors, or for any other purposes, without the prior written permission of the furnishing Partner State, acting through its Cooperating Agency.
Civil International Space Station Agreement Implementation Act — C-31.3 (1)
(1) that such technical data shall be used, duplicated, or disclosed only for the purposes of fulfilling the receiving Cooperating Agency’s responsibilities under this Agreement and the relevant MOUs, and
Civil International Space Station Agreement Implementation Act — C-31.3 (2)
(2) that such technical data shall not be used by persons or entities other than the receiving Cooperating Agency, its contractors or subcontractors, or for any other purposes, without the prior written permission of the furnishing Partner State, acting through its Cooperating Agency.
Civil International Space Station Agreement Implementation Act — C-31.3 (c)
(c) In the event that any technical data or goods transferred under this Agreement are classified, the furnishing Cooperating Agency shall mark with a notice, or otherwise specifically identify, such technical data or goods. The requested Partner State may require that any such transfer shall be pursuant to a security of information agreement or arrangement which sets forth the conditions for transferring and protecting such technical data or goods. A transfer need not be conducted if the receiving Partner State does not provide for the protection of the secrecy of patent applications containing information that is classified or otherwise held in secrecy for national security purposes. No classified technical data or goods shall be transferred under this Agreement unless both parties agree to the transfer.
Civil International Space Station Agreement Implementation Act — C-31.3 4
4 Each Partner State shall take all necessary steps to ensure that technical data or goods received by it under subparagraphs 3(a), 3(b), or 3(c) above shall be treated by the receiving Partner States, its Cooperating Agency, and other persons and entities (including contractors and subcontractors) to which the technical data or goods are subsequently transferred in accordance with the terms of the notice or identification. Each Partner State and Cooperating Agency shall take all reasonably necessary steps, including ensuring appropriate contractual conditions in their contracts and subcontracts, to prevent unauthorized use, disclosure, or retransfer of, or unauthorized access to, such technical data or goods. In the case of technical data or goods received under subparagraph 3(c) above, the receiving Partner State or Cooperating Agency shall accord such technical data or goods a level of protection at least equivalent to the level of protection accorded by the furnishing Partner State or Cooperating Agency.
Civil International Space Station Agreement Implementation Act — C-31.3 5
5 It is not the intent of the Partners to grant, through this Agreement or the relevant MOUs, any rights to a recipient beyond the right to use, disclose, or retransfer received technical data or goods consistent with conditions imposed under this Article.
Civil International Space Station Agreement Implementation Act — C-31.3 6
6 Withdrawal from this Agreement by a Partner State shall not affect rights or obligations regarding the protection of technical data and goods transferred under this Agreement prior to such withdrawal, unless otherwise agreed in a withdrawal agreement pursuant to Article 28.
Civil International Space Station Agreement Implementation Act — C-31.3 7
7 For the purposes of this Article, any transfer of technical data and goods by a Cooperating Agency to ESA shall be deemed to be destined to ESA, to all of the European Partner States, and to ESA’s designated Space Station contractors and subcontractors, unless otherwise specifically provided for at the time of transfer.
Civil International Space Station Agreement Implementation Act — C-31.3 8
8 The Partners, through their Cooperating Agencies, will establish guidelines for security of information.
Civil International Space Station Agreement Implementation Act — C-31.3
Recognizing the importance of the continuing operation and full international utilization of the Space Station, each Partner State shall, to the extent its applicable laws and regulations permit, allow the expeditious transit of data and goods of the other Partners, their Cooperating Agencies, and their users. This Article shall only apply to data and goods transiting to and from the Space Station, including but not limited to transit between its national border and a launch or landing site within its territory, and between a launch or landing site and the Space Station.
Civil International Space Station Agreement Implementation Act — C-31.3 1
1 For the purposes of this Agreement, intellectual property is understood to have the meaning of Article 2 of the Convention Establishing the World Intellectual Property Organization, done at Stockholm on 14 July 1967.
Civil International Space Station Agreement Implementation Act — C-31.3 2
2 Subject to the provisions of this Article, for purposes of intellectual property law, an activity occurring in or on a Space Station flight element shall be deemed to have occurred only in the territory of the Partner State of that element’s registry, except that for ESA-registered elements any European Partner State may deem the activity to have occurred within its territory. For avoidance of doubt, participation by a Partner State, its Cooperating Agency, or its related entities in an activity occurring in or on any other Partner’s Space Station flight element shall not in and of itself alter or affect the jurisdiction over such activity provided for in the previous sentence.
Civil International Space Station Agreement Implementation Act — C-31.3 3
3 In respect of an invention made in or on any Space Station flight element by a person who is not its national or resident, a Partner State shall not apply its laws concerning secrecy of inventions so as to prevent the filing of a patent application (for example, by imposing a delay or requiring prior authorization) in any other Partner State that provides for the protection of the secrecy of patent applications containing information that is classified or otherwise protected for national security purposes. This provision does not prejudice (a) the right of any Partner State in which a patent application is first filed to control the secrecy of such patent application or restrict its further filing; or (b) the right of any other Partner State in which an application is subsequently filed to restrict, pursuant to any international obligation, the dissemination of an application.
Civil International Space Station Agreement Implementation Act — C-31.3 (a)
(a) the right of any Partner State in which a patent application is first filed to control the secrecy of such patent application or restrict its further filing; or
Civil International Space Station Agreement Implementation Act — C-31.3 (b)
(b) the right of any other Partner State in which an application is subsequently filed to restrict, pursuant to any international obligation, the dissemination of an application.
Civil International Space Station Agreement Implementation Act — C-31.3 4
4 Where a person or entity owns intellectual property which is protected in more than one European Partner State, that person or entity may not recover in more than one such State for the same act of infringement of the same rights in such intellectual property which occurs in or on an ESA-registered element. Where the same act of infringement in or on an ESA-registered element gives rise to actions by different intellectual property owners by virtue of more than one European Partner State’s deeming the activity to have occurred in its territory, a court may grant a temporary stay of proceeding in a later-filed action pending the outcome of an earlier-filed action. Where more than one action is brought, satisfaction of a judgment rendered for damages in any of the actions shall bar further recovery of damages in any pending or future action for infringement based upon the same act of infringement.
Civil International Space Station Agreement Implementation Act — C-31.3 5
5 With respect to an activity occurring in or on an ESA-registered element, no European Partner State shall refuse to recognize a license for the exercise of any intellectual property right if that license is enforceable under the laws of any European Partner State, and compliance with the provisions of such license shall also bar recovery for infringement in any European Partner State.
Civil International Space Station Agreement Implementation Act — C-31.3 6
6 The temporary presence in the territory of a Partner State of any articles, including the components of a flight element, in transit between any place on Earth and any flight element of the Space Station registered by another Partner State or ESA shall not in itself form the basis for any proceedings in the first Partner State for patent infringement.
Civil International Space Station Agreement Implementation Act — C-31.3
In view of the unique and unprecedented nature of this particular international cooperation in space:
Civil International Space Station Agreement Implementation Act — C-31.3 1
1 Canada, the European Partner States, Japan, Russia, and the United States may exercise criminal jurisdiction over personnel in or on any flight element who are their respective nationals.