On ratification of the Agreement on Mutual Security of Interstate Secrets in the Field of Legal Protection of Inventions

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The Law of the Republic of Kazakhstan dated May 7, 2001 N 190

To ratify the Agreement on Mutual Security of Interstate Secrets in the Field of Legal Protection of Inventions, signed in Minsk on June 4, 1999.

President of the Republic of Kazakhstan

Officially certified text

Agreement * on mutual security of interstate secrets in the field of legal protection of inventions

*(Entered into force on June 5, 2001 - Bulletin of International Treaties of the Republic of Kazakhstan, 2003, No. 5, art. 44)

It shall enter into force on the date of deposit with the depositary of the third notification on the fulfillment by the signatories of the necessary domestic procedures . For the Parties who have completed the necessary procedures later, it shall enter into force from the date of deposit of the relevant documents to the depositary.

Signed by: Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Republic of Uzbekistan, Ukraine

notifications have been submitted:

Republic of Belarus - deposited on December 10, 1999; Kyrgyz Republic - deposited on December 27, 1999; Ukraine - deposited on January 31, 2000; Republic of Tajikistan - deposited on August 9, 2000; Republic of Armenia - deposited on January 25, 2001; Republic of Kazakhstan - deposited on June 5, 2001; Republic of Moldova - deposited on January 3, 2002 Azerbaijan Republic - deposited on October 23, 2003; Russian Federation - deposited on December 31, 2004 (domestic procedures are being carried out).

The instruments of ratification have been handed over:

Georgia - deposited on May 10, 2001.

The Agreement entered into force on January 31, 2000.

entered into force for the States:

Republic of Belarus - January 31, 2000; Kyrgyz Republic - January 31, 2000; Ukraine - January 31, 2000; Republic of Tajikistan - August 9, 2000; Republic of Armenia - January 25, 2001; Georgia - May 10, 2001; Republic of Kazakhstan - June 5, 2001; Republic of Moldova - January 3, 2002 The Republic of Azerbaijan - October 23, 2003.

The States Parties to this Agreement, represented by the Governments, hereinafter referred to as the Parties, based on the Agreement on Mutual Security of Interstate Secrets of January 22, 1993 and the Agreement on Measures for the Protection of Industrial Property and the Establishment of the Interstate Council for the Protection of Industrial Property of March 12, 1993, based on the need for legal protection of secret inventions created in in the former Soviet Union, taking into account the mutual interests of the Parties in ensuring their state security, agreed on the following:

Article 1

For the purposes of this Agreement, the following terms mean: secret inventions - inventions that contain information that constitutes a state secret (interstate secrets) in accordance with the national legislation of the Parties; declassification of secret inventions - a procedure for removing secrecy from documents related to secret inventions; security document for a secret invention - a document that, in accordance with the national legislation of the Parties, in accordance with the national legislation of the Parties, it ensures the legal protection of a secret invention.; applicants - authors residing or located in the territories of the Parties, as well as enterprises, institutions, organizations that have applied for an author's certificate or a USSR patent for a secret invention; interested Party - the Party in whose territory the applicants are located; competent authorities - government agencies designated by the Parties to implement this Agreement.

Article 2

The Parties shall ensure the secrecy regime with respect to information on secret inventions available to them in accordance with the Agreement on Mutual Security of Interstate Secrets of January 22, 1993.

Article 3

The Parties undertake, when declassifying secret inventions for which USSR copyright certificates have been issued or applications for their issuance have been filed, to follow the Rules for Declassifying Secret Inventions for which USSR Copyright Certificates have been issued or Applications for USSR Copyright Certificates or Patents have been filed (Appendix 1), which are an integral part of this Agreement. To consider the Parties' submissions on the need to declassify secret inventions and make decisions on them provided for in these Rules, the Parties establish a Temporary Working Group (hereinafter referred to as the Task Force), the organizational and technical support of which is entrusted to the Russian Patent and Trademark Agency (hereinafter referred to as Rospatent).

Article 4

The Parties recognize the right of applicants to apply for the issuance of security documents for secret inventions on applications for the issuance of an author's certificate or a USSR patent for secret inventions, the paperwork for which has not been completed in the USSR and for which the validity period of the security document for a secret invention has not expired, in accordance with the Rules for filing Applications for the issuance of security documents for secret inventions on applications for the issuance of an author's certificate or a USSR patent for secret inventions, the paperwork on which has not been completed in the USSR (Appendix 2), which are an integral part of this Agreement, unless otherwise provided by national legislation.

Article 5

The validity of the USSR copyright certificate for a secret invention on the territory of either Party may be terminated at the request of the applicants, filed in accordance with the procedure established by national legislation, while simultaneously issuing a security document for a secret invention for the remaining period of validity of the copyright certificate, unless otherwise provided by national legislation.

Article 6

Disputes related to the application or interpretation of this Agreement are resolved through consultations and negotiations between the competent authorities of the Parties concerned.

Article 7

This Agreement may be amended and supplemented by mutual agreement of the Parties in the form of separate protocols, which shall enter into force in accordance with the procedure provided for in Article 10 of this Agreement.

Article 8

Each Party may withdraw from this Agreement by sending a written notification to the depositary no later than 6 months prior to withdrawal.

Article 9

This Agreement is valid for 5 years from the date of its entry into force. Upon expiration of this period, this Agreement is automatically extended for further 5-year periods, unless the Parties decide otherwise.

Article 10

This Agreement shall enter into force on the date of deposit with the depositary of the third notification on the fulfillment by the signatories of the necessary domestic procedures. For the Parties who have completed the necessary procedures later, it shall enter into force from the date of delivery of the relevant documents to the depositary.

Article 11

This Agreement is open for accession by the CIS member States that share its goals and principles by submitting documents on such accession to the depositary.

Done in Minsk on June 4, 1999, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Government For the Government of the Republic of Azerbaijan of the Republic of Moldova

For the Government For the Government of the Republic of Armenia Of the Russian Federation

For the Government For the Government of the Republic of Belarus of the Republic of Tajikistan

For the Government For the Government of Georgia Turkmenistan

For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan

For the Government For the Government of the Kyrgyz Republic Of Ukraine

Appendix 1 to the Mutual Security Agreement safety of interstate secrets in the field of legal protection inventions

Rules for the declassification of secret inventions for which USSR copyright certificates have been issued or applications for the issuance of USSR copyright certificates or patents have been filed

1. These Rules provide for the procedure for declassifying secret inventions for which USSR copyright certificates have been issued or applications for the issuance of USSR copyright certificates or patents have been filed in accordance with the USSR patent legislation.

2. Consideration of the possibility of declassification of secret inventions for which USSR copyright certificates have been issued may be carried out on the initiative of any Party.

3. The decision on the need to declassify a secret invention is made by the interested Party in accordance with the procedure provided for by its national legislation governing the declassification of information related to state secrets.

4. The idea of the need to declassify a secret invention is sent by the interested Party to the conclusion of each of the Parties in the Supreme Court. The declassification submission must be motivated, contain the numbers of the copyright certificate and the application for which it was issued, the last name(s) of the author(s), his (their) place of residence on the date of filing the application, the name of the applicant organization, its location and the claims.

5. The Task Force sends a submission on the declassification of a secret invention to the competent authority of each of the Parties. The conclusion on the submission on the declassification of a secret invention is sent by each Party to the Supreme Court within 4 months from the date of sending this submission to the Supreme Court. If necessary, the conclusion may be sent by the Party at a later date, but not later than 2 months from the date of expiry of the specified 4-month period. In this case, the Party must notify the Task Force within the specified 4-month period that the conclusion will be sent later. If the conclusion is not sent by the Party to the Task Force within the specified 4- or 6-month period with prior notification, as provided above, it is recognized that this Party agrees with the submission on the declassification of information.

6. The Task Force considers the idea of declassification, taking into account the opinions of interested Parties, and decides on the possibility of declassifying a secret invention. The Task Force informs each of the Parties about the decision within one month from the date of receipt of the last opinion by sending copies of all received opinions to each Party. The decision to declassify a secret invention is considered to be taken only if each Party confirms the possibility of declassifying this invention. In this case, the interested Party will organize the declassification of the secret invention in accordance with the procedure provided for by national legislation, and within one month inform the Supreme Court of the results of the declassification of this invention. In case of disagreement with the declassification of a secret invention, the conclusion must contain specific reasons why the Party considers it impossible to declassify the secret invention. Any disagreements that arise are resolved by the competent authorities of the Parties concerned.

7. If a decision is made to declassify a secret invention, information about it may be published or transferred to third countries only by interested Parties.

8. Declassification of secret inventions for which applications have been filed but no copyright certificates or patents of the USSR have been issued may be carried out on the initiative of any of the interested Parties in accordance with the procedure provided for in paragraphs 3, 4, 5 and 6 of these Rules. At the same time, the approval of the declassification of these inventions is carried out only between these Parties, for which the Task Force sends a submission on the declassification of a secret invention to the competent authorities of the Russian Federation, in whose territory the filed application is located, and the interested Party(s). In these cases, in the submission on the need to declassify a secret invention, along with the information provided for in paragraph 4 of these Rules, instead of the numbers of the copyright certificate and the application for which it was issued, the application number is indicated.

9. Declassification of information about secret inventions marked "Top secret", for which USSR copyright certificates were issued on the basis of decisions of ministries and departments of the USSR and information about which was distributed in the USSR in special branch and intersectoral publications, is carried out in accordance with the procedure provided for in paragraphs 2, 3, 4, 5 and 6 of these Rules.

10. Declassification of information about secret inventions marked "Top secret", for which USSR copyright certificates were issued on the basis of decisions of ministries and departments of the USSR and information about which was not disseminated in the USSR in special branch and intersectoral publications, is carried out in accordance with the procedure provided for in paragraph 8 of these Rules.

Appendix 2 to the Mutual Security Agreement safety of interstate secrets in the field of legal protection of inventions

Rules for filing applications for the issuance of security documents for secret inventions on applications for the issuance of an author's certificate or a USSR patent for secret inventions, the paperwork on which has not been completed in the USSR

1. These Rules establish the procedure for filing applications for the issuance of security documents for secret inventions provided for by national legislation for applications for the issuance of an author's certificate or a USSR patent for secret inventions, the paperwork on which has not been completed in the USSR.

2. According to the applications specified in paragraph 1 of these Rules, at the request of the applicants, together with the authors, the Parties may issue security documents for secret inventions provided for by their legislation, while maintaining priority for an application for a secret invention previously filed in the USSR.

3. The application is submitted to the competent authority of the Party in whose territory the issuance of a security document is requested. Office work is conducted in accordance with the legislation of the Parties. The application shall be accompanied by a document authorizing a Party to its individuals and/or legal entities to obtain legal protection for a secret invention on the territory of the other Party. At the request of the competent authority of the Party to which the application is filed, Rospatent submits to this competent authority a certified copy of the materials of the application for the issuance of an author's certificate or a USSR patent for a secret invention. If no agreement has been reached between the applicants on the joint filing of the application, the security document will not be issued.

Reservations of Ukraine on item III-10 of the agenda of the meeting of the Council of Heads of Government of the CIS member States

"On the Agreement on mutual security of interstate Secrets in the field of legal protection of inventions."

June 4, 1999

The Agreement is valid for Ukraine with amendments:

Article 4 - paragraph as amended:

"Each Party has the right to withdraw from Rospatent the materials of an application for the issuance of an author's certificate or a USSR patent for a secret invention filed on its territory by the organization through which the application was filed by the author(s) of the invention. In this case, the materials will be sent by Rospatent to the Applicant Party within 4 months." paragraph 6 of Appendix 1 is amended as follows: "If the decision to reduce the degree of secrecy or declassify the materials of the application for the issuance of an author's certificate or USSR patent for a secret invention is made by the Party that withdrew these materials from the Russian Agency for This Party shall inform the interim working group about its decision within 3 months. The provisional working group informs interested Parties who have information about this invention about the declassification by the Applicant of the materials of the application for an author's certificate or a USSR patent for a secret invention."

Head of the Ukrainian delegation,

Prime Minister of Ukraine

I hereby certify that the attached text is an authentic copy of the Agreement on Mutual Security of Interstate Secrets signed in Minsk on January 22, 1993, the original copy of which is kept in the Archives of the Government of the Republic of Belarus.

Head of the Legal Department of the Ministry of Foreign Affairs of the Republic of Belarus

President

Republic of Kazakhstan

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