Document ID: chunk:federal_register_of_legislation:C2004A00868:schedule:6:p11
Version: federal_register_of_legislation:C2004A00868
Segment Type: schedule
Provision Reference: sch 6 (pt 11/13)
Character Range: 30289–33192

Furthermore it will not prejudice the international obligations of the Parties.

    5. Carrying out of joint works does not affect the intellectual property rights of the cooperating organisations acquired earlier or resulting from independent research (background intellectual property).

    6. The termination of this Agreement does not affect rights or obligations having arisen on the basis of this Attachment, if they were accepted before such termination.

2. Grant of Rights

    1. In relation to intellectual property created in the course of a joint activity, the Parties or cooperating organisations shall strive to jointly elaborate a plan for the assessment and use of technology either before the beginning of their cooperation or within a reasonable time from the moment when a cooperating organisation creates an object of intellectual property. In this plan for the assessment and use of technology, they shall take into account the corresponding contributions of the Parties and their cooperating organisations to the activity under consideration, including background intellectual property transferred in the framework of cooperation, define types and scope of use of the intellectual property, terms and procedures of the realisation of rights on it on the territory of the States of the Parties, as well as on the territory of other countries, recognising that the minimal scope is the right of each cooperating organisation to use created intellectual property for its own needs. For the purposes of granting intellectual property rights, an activity is considered to be a joint activity from the moment when it is defined as such in separate agreements referred to in Article 5 of this Agreement. The grant of rights to the objects of intellectual property created as a result of an activity, which is not a joint activity, shall be carried out according to the provisions of paragraph 3 of this section. The Parties or cooperating organisations shall decide by mutual arrangement whether the results of work jointly carried out should be either patented or registered or kept secret.

    2. If such a plan for the assessment and use of technology is not established within four months from the moment of the creation of the object of intellectual property which is a result of a joint activity, each of the Parties or cooperating organisations may receive all rights and benefits from such intellectual property on its State's territory. Cooperating organisations shall in relation to a joint activity negotiate regarding the allocation of intellectual property rights, as well as the expenses related to the protection of intellectual property rights under mutually agreed conditions, taking into account the corresponding contributions of each of them.

    3. In cases, which are not joint activities, the terms for the implementation of a procedure for the acquisition and