Document ID: chunk:federal_register_of_legislation:C2004A00868:schedule:6:p13
Version: federal_register_of_legislation:C2004A00868
Segment Type: schedule
Provision Reference: sch 6 (pt 13/13)
Character Range: 35685–38200

shall be designated as such in an appropriate manner. The responsibility for such a designation shall rest with the Party or cooperating organisation, which demands such confidentiality. Each Party or cooperating organisation shall protect such information in accordance with applicable laws and regulations of its State. The term "confidential information" means any know‑how, data or information, in particular technical, commercial or financial, independent of the form in which it is passed on for the purposes of carrying out activity pursuant to this Agreement and which corresponds to the following conditions:
       a) the possession of this information may ensure gains, in particular ones of an economic, scientific or technical character or give an advantage in competition with persons who do not possess it;
       b) this information is not generally known or widely available from other sources;
       c) this information was not earlier passed on by its possessor to a third person without the obligation to maintain its confidentiality;
       d) this information is not already at the disposal of the recipient without the obligation to maintain its confidentiality.

    The Parties or cooperating organisations may transfer confidential information to their own employees, unless otherwise provided in separate agreements referred to in Article 5 of this Agreement. Such information may be passed on to the basic performers of the work and subcontractors within the framework of the sphere of application of separate contracts with them. Information given in this way may be used only within the limits of the sphere of application of those contracts, which would envisage the conditions and time limits of application of such provisions on confidentiality.

    The Parties and cooperating organisations undertake to adopt all necessary measures in relation to their employees, basic performers of work and subcontractors for the observance of the obligations on protecting confidentiality determined above.

    9. The grant of the results of joint research and elaboration to third persons shall be the subject of written agreements between the Parties or cooperating organisations. Without prejudice to the implementation of rights in accordance with paragraph 6 of this section, such agreements will determine the procedure for the distribution of the referred results.
(95/01)

[Minister's second reading speech made in—
House of Representatives on 6 June 2001
Senate on 7 August 2001]