On approval of the Agreement on the formation and development of the intellectual property market of the CIS member

New Unofficial translation

Resolution of the Government of the Republic of Kazakhstan of December 24, 2018 No. 863.

      Unofficial translation

      The Government of the Republic of Kazakhstan DECIDES :

      1. To approve the attached Agreement on the formation and development of the intellectual property market of the CIS member states, concluded in Dushanbe on June 1, 2018.

      2. This Resolution shall come into effect from the date of its signing.

      Prime Minister 
of the Republic of Kazakhstan
B. Sagintayev

  Approved
Government Decree № 863
of the Republic of Kazakhstan
  of December 24, 2018

AGREEMENT
on the formation and development of the intellectual property market of the CIS member states

      The Governments of the States parties to this Agreement, hereinafter referred to as the Parties,

      considering the importance of enhancing the global competitiveness of the economies of the States members of the Commonwealth of Independent States,

      in order to create favorable conditions for improving the efficiency of innovation activities in the States parties to this Agreement,

      desiring to provide conditions for successful resolution of tasks aimed at increasing the efficiency of the use of intellectual property, including through their commercialization,

      conscious of the need to coordinate the efforts of the States Parties to this Agreement on the formation and development of the infrastructure of the intellectual property market of the CIS countries,

      guided by international obligations and the laws of the States parties to this Agreement,

      based on the provisions of the Agreement on cooperation in the field of legal protection and protection of intellectual property and the creation of the Interstate Council on Legal Protection and Protection of Intellectual Property of November 19, 2010 and the Concept of Formation and Development of the Intellectual Property Market of the CIS Member States of October 28, 2016,

      agreed on the following:

Article 1

      The purpose of this Agreement is to create conditions aimed at the formation and development of the intellectual property market of the CIS member states.

Article 2

      In order to implement this Agreement, the Parties shall, in accordance with national legislation, develop cooperation in the following areas:

      improvement of the legislation of the States parties to this Agreement in the field of intellectual property in the part related to improving the level of safety, protection, commercialization of rights to intellectual property, the use of intellectual property;

      development, if necessary, of systems for assessing the value of intellectual property rights by using world experience;

      improvement of the system for managing intellectual property rights;

      building an interstate system of legal, financial, and institutional mechanisms for the commercialization of intellectual property rights, the use of intellectual property objects and the dissemination of best practices in this field;

      formation of a staffing system, including in the areas of protection and enforcement of intellectual property rights, innovation management, technology commercialization, and intellectual property valuation.

      On certain aspects of the development of the intellectual property market in order to implement this Agreement, including on the financing of individual events, the Parties may enter into additional agreements.

Article 3

      The Parties, taking into account national priorities, shall ensure the development and implementation of measures to form the intellectual property market of the CIS member states, including:

      ensuring the possibility of using the results of intellectual activity in various sectors of the economy of the States parties to this Agreement;

      the intensification of activities for the development of the intellectual property market;

      preparation and implementation of specialized educational programs in the field of intellectual property, including the use of information and telecommunication technologies;

      organization and holding of international scientific and practical conferences, seminars, forums and other, including joint, events in the field of intellectual property.

Article 4

      When implementing the Agreement, the Parties shall ensure equal interaction of participants in scientific, educational, scientific and technical, and innovative activities in accordance with the legislation of the States parties to this Agreement.

Article 5

      The Parties shall cooperate in the implementation of the provisions of this Agreement through authorized bodies (ministries, departments, organizations) in accordance with the legislation of the States Parties to this Agreement.

Article 6

      The Parties shall ensure the exchange of open legal, scientific, technical, patent and other information between participants of the intellectual property market in accordance with the legislation of the States Parties to this Agreement.

Article 7

      The Coordinator of the Parties' interaction on the implementation of the provisions of this Agreement is the Interstate Council on the Legal Protection and Protection of Intellectual Property.

Article 8

      Financing of measures carried out by the Parties to implement this Agreement is performed within the framework of funds annually provided in the budgets of the States Parties to this Agreement to interested ministries and departments to ensure their functions, as well as from extrabudgetary sources, including international organizations, in accordance with the procedure established - parties to this Agreement.

Article 9

      This Agreement does not affect the rights and obligations of each Party arising for it from other international treaties to which its state is a party.

Article 10

      This Agreement may be amended by agreement of the Parties, which are an integral part thereof, which are drawn up by the relevant protocol.

Article 11

      Disputes between the Parties arising from the application and interpretation of this Agreement are resolved through consultation and negotiation of the Parties concerned or through another procedure agreed upon by the Parties.

Article 12

      This Agreement shall enter into force upon the expiration of 30 days from the date of receipt by the depositary of the third notification on the implementation by the Signatories of the internal state procedures required for its entry into force.

      For Parties that have completed domestic procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.

Article 13

      This Agreement, after its entry into force, is open for accession by any state-participant of the CIS by transferring to the depositary a document of accession.

      For the acceding state, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.

Article 14

      This Agreement is concluded for an indefinite period. Each of the Parties shall have the right to withdraw from this Agreement by sending to the depositary a written notice of such its intention no later than 6 months prior to withdrawal and settling the obligations arising during the term of this Agreement.

      Done in the city of Dushanbe on June 1, 2018 in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send each state that has signed this Agreement its certified copy.


For the Government 
of the Azerbaijan Republic
 

For the Government 
Russian Federation

For the Government 
of the Republic of Armenia
 

For the Government 
of the Republic of Tajikistan

For the Government 
of the Republic of Belarus
 

For the Government 
of Turkmenistan

For the Government 
of the Republic of Kazakhstan
 

For the Government 
of the Republic of Uzbekistan

For the Government 
of Kyrgyz Republic
 

For the Government 
Of Ukraine

For the Government 
of the Republic of Moldova



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