Key Benefits:
DECREE NO. 5,444, OF May 11, 2005
Promuling the Framework Agreement between the Government of the Federative Republic of Brazil and the Government of the French Republic on Cooperation in Research and in the Uses of Outer Space for Peaceful Purposes, celebrated in Paris, on November 27, 1997.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 84, inciso IV, of the Constitution, and
Considering that the Government of the Federative Republic of Brazil and the Government of the French Republic celebrated in Paris on November 27, 1997, a Framework Agreement on Cooperation in Research and in the Uses of Outer Space for Peaceful Purposes;
Whereas the National Congress passed this Agreement through the Legislative Decree No. 52 of August 10, 1999;
Considering that the Agreement entered into force on December 30, 2004, pursuant to paragraph 2 of its Article XII;
DECRETA:
Art. 1º The Framework Agreement between the Government of the Federative Republic of Brazil and the Government of the French Republic on Cooperation in Research and in the Uses of Outer Space for Fins Peaceful, celebrated in Paris, on November 27, 1997, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.
Art. 2º Are subject to the approval of the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments that, in the terms of of the art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.
Art. 3º This Decree comes into effect on the date of its publication.
Brasilia, May 11, 2005; 184º of Independence and 117º of the Republic.
LUIZ INÁCIO LULA DA SILVA
Celso Luiz Nunes Amorim
The Government of the Federative Republic of Brazil
and
The Government of the French Republic
(henceforth named the "Parties"),
Wishes to strengthen the traditional relations of friendship and cooperation between the two countries;
Considering that the development of bilateral space cooperation contributes to to strengthen the bonds of friendship and the partnership between the two states;
Considering the 06 Cultural Agreement of December 1948 between the Federative Republic of Brazil and the French Republic, complemented by the Scientific and Technical Cooperation Agreement of January 16, 1967, also complemented by various adjustments;
Considering the Agreement between the Government of the Federative Republic of Brazil and the Government of the French Republic in the field of ownership industrial, signed on January 30, 1981;
Considering the terms of the Framework Cooperation Agreement between the Government of the Federative Republic of Brazil and the Government of the French Republic, signed on May 28, 1996, which aims to establish a new French-Brazilian partnership;
Wishes to give continuity and, as far as possible, broaden on an eequitative and mutually advantageous basis of cooperation bilateral in the different fields of space conquest and in the practical application of space-based techniques and technologies with peaceful purposes;
Wishes to encourage industrial and commercial cooperation between the companies of the two states in the space domain;
Considering the terms of the Treaty on Regulatory Principles of the Activities of States in the Exploration and Use of Cosmic Space, including the Moon and too many Celesties bodies, of January 27, 1967, as well as the terms of other Treaties and Multilateral Agreements on research and use of outer space, of which both states are parties;
Recognizing their commitments in the quality of signatories of the Missile Technology Control Regime (MTCR);
Wake up the following:
ARTICLE 1º
1. With a view to developing a closer partnership, the Parties will give continuity and deepen their scientific and technological cooperation and will foster industrial and commercial cooperation between the two states in the field of study and utilization of the space for peaceful purposes;
2. Within the framework of this Agreement, cooperation shall be carried out of compliance with the domestic law of each Party, as well as in respect of international law, and without prejudice to the respective obligations arising from other agreements and commitments of which they are parties.
ARTICLE 2º
1. The Brazilian Party designates the Brazilian Space Agency and the French Part the Centre National d' Etudes Spatiales as the competent bodies for the implementation of the cooperation provided for by this Agreement.
2. In accordance with the domestic law in force in the territory of each Party, each Party or competent body may to additionally designate other entities (henceforth called "other bodies") for the implementation of the programmes and cooperation projects under this Agreement.
ARTICLE 3º
Cooperation activities in the framework of this Agreement will be able to cover the following areas:
1. space sciences, astrophysics, space physics and studies on the solar system;
2. earth sciences, studies on the evolution of climate and on the global environment;
3. design, development, exploration and control of earth observation satellites, data collection, telecommunications and navigation from space;
4. development of technologies linked to payloads and space platforms;
5. development of satellite launcher vehicles and space probes, polling rockets, launch services, launch infrastructure and trace stations;
6. other areas that come to be agreed by the Parties.
ARTICLE 4º
1. With regard to the areas listed in the preceding paragraph, the cooperation could take the following forms:
a. planning and execution of joint space projects;
b. implementation of exchange and personnel training programmes;
c. development of programmes industrial and commercial in the field of space systems and launch services;
d. exchange of equipment, documentation, data, experimental results and scientific information;
e. organization of symposiums and joint scientific meetings;
f. other forms of cooperation that will come to be agreed upon by the Parties.
2. The actions of cooperation provided for by this Agreement will take into account the interests of the Parties, of their industrial and commercial policies and will be in reliance on the budgetary resources and availabilities of the Parties.
ARTICLE 5º
1. Agreements that are intended to amend, modify or extend the terms of this Framework Agreement may be concluded by the Parties.
2. Specific programmes or contracts will be concluded between the competent bodies, among other bodies or between one or the competent bodies and one or the other body, and shall determine the principles, standards and procedures relating to the organization, achievement and, if necessary, financing of the programs and projects of cooperation.
ARTICLE 6º
The Parties will encourage the development of cooperation between the bodies or industrial and commercial, public or private companies, of the two States, including with the eventual participation of third party bodies or companies International
ARTICLE 7º
1. The competent bodies shall be responsible for the conduct and financing of the costs of their respective charges in the cooperation programmes developed under this Agreement.
2. These activities will be conducted in compliance with the national legislation of each Party and will be subject to availability of funds allocated for such purposes.
ARTICLE 8º
1. In accordance with the conditions of confidentiality provided for in the Annex to this Agreement, the Parties, their competent bodies and other bodies shall ensure mutual access to the results of the researches and work carried out in cooperation and will encourage in this direction the exchange of the corresponding information and data.
2. The communication to third parties of the data resulting from the cooperation actions cannot be done without the prior annuence of the two Parties.
ARTICLE 9º
The protection and the assignment of intellectual property rights shall be governed by the principles and rules set out in the Annex to this Agreement, which shall become an integral part of the Agreement.
ARTICLE 10
In compliance with its domestic and reciprocity regime, each Party:
a) will facilitate the granting of entry and stay documentation in its territory to the nationals of the other Party who enter and remain in their territory for the purpose of performing activities within the framework of this Agreement;
b) will facilitate the import and export of the personnel's assets, the implementation of its mission, the application of customs and tax standards in force on their respective territories;
c) will authorize entry into its national territory, with exoneration of rights and taxes at the limits and under the conditions prescribed by the respective national laws, the material and the equipment necessary for the achievement of scientific and technical cooperation carried out within the framework of this Agreement.
ARTICLE 11
All the divergences concerning the interpretation or application of this Agreement shall be addressed by means of direct negotiation between the Parties or, in the event that they have not come to a successful conclusion within six months of the start of the negotiations, by any other mode of solution of controversies recognized by the International Law and accepted by common agreement by the Parties.
ARTICLE 12
1. The present Agreement shall have the duration of 10 (ten) years, automatically extended by equal periods.
2. Each of the Parties shall notify the other of the completion of the internal formalities necessary for the entry into force of this Agreement, which shall be effective from the date of the last of such notifications.
3. This Agreement may be denounced by any of the Parties, by diplomatic channel, at a minimum of six months ' notice.
4. The termination of this Agreement shall not waive the Parties of its ongoing obligations assumed under the Agreement, unless the Parties convid in another manner. The termination will not affect the rights and obligations obtained and assumed in the milestones of this Agreement prior to its termination.
Made in Paris, on November 27, 1997, in two exemplars, in the Portuguese and French languages, being both texts being equally authentic.
_______________________________
BY THE GOVERNMENT OF THE REPUBLIC
FEDERATIVE DO BRASIL
Luiz Felipe Lampreia
Minister of State for Foreign Relations
___________________________________
BY THE GOVERNMENT OF THE REPUBLIC
FRENCH
Hubert Védrine
Foreign Minister
Parties undertake to protect, in the most effective manner, the results obtained in the framework of cooperation provided for by this Agreement.
The Parties shall inform each other, in a timely way, regarding any intervention or works that are liable to be protected and shall, as soon as possible, proceed to the formalities of protection of the said intellectual property.
1. Scope of Application
a. This Annex applies to all activities carried out in the framework of this Agreement, unless otherwise provided for by the Agreement between the Government of the Federative Republic of Brazil and the Government of the French Republic in the area of the property industrial, signed on January 30, 1981, and save particular provisions expressly agreed by the Parties or by the cooperation bodies designated by them.
Activities carried out in an industrial or commercial framework will not be subject to the present Annex and will be defined in case case.
b. For the purposes of this Agreement, the expression "intellectual property" shall have the same meaning as it is assigned to it by Article 2 of the Convention establishing the World Intellectual Property Organization, concluded in Stockholm, on July 14 of 1967.
c. This Annex shall regulate the allocation of rights between the Parties. Each Party shall ensure the conditions for the other Party, or the competent bodies provided for in Article 3 of the Agreement, to be able to acquire the intellectual property rights in accordance with this Annex.
d. This Annex does not modify the legal regime of intellectual property of the Parties, which shall be governed by their respective legislations and by the internal regulations of the competent bodies, without prejudice to the international obligations assumed by the Parties.
e. Each Party remains the sole proprietor of all intellectual property rights acquired in advance or resulting from independent research.
f. The controversies in intellectual property should be resolved, as far as possible, in an amicable manner among the stakeholders.
g. The extinction or expiration of this Agreement shall not affect the rights and obligations arising from the application of this Annex in the case that they have been accepted prior to such extinction or expiration.
2. Rights attribution
A. Passable Inventions of Protection by Intellectual Property
1. With regard to the intellectual property generated by research activity carried out in a joint manner, the Parties or the bodies by them designated by them will make efforts to jointly draw up a technology valorization plan, be prior to the initiation of said cooperation or within a reasonable period from the time a Party identifies the creation of intellectual property objects. This technology valorisation plan will take into account the corresponding contribution of the Parties and their assigned bodies to the research activity under consideration.
2. For the purposes of attribution of intellectual property rights, a research activity is considered activity joint as of the moment it is defined as such by the specific agreements or contracts. The assignment of intellectual property rights of the joint research activities should be established by the provisions of the following paragraph.
3. If the said technology enhancement plan cannot be established within a reasonable period of time, it will be up to the most diligent Party to proceed, in its own name, to the protection of intellectual property: the Parties or the bodies by she appointed should understand with regard to the allocation of intellectual property rights, having on the basis defined conditions of common agreement and taking into consideration the respective contributions of each side, as well as the expenses linked to the protection of intellectual property.
4. In the territory of third countries, the attribution of these rights and advantages shall be fixed in specific agreements or contracts.
5. In cases where it is not research classified as joint research, the regime of intellectual property rights will be defined in specific agreements or contracts. The right of access of the other Party to such intellectual property rights will be the object of agreements to be negotiated on a case-by-case file.
6. In cases where the object of intellectual property cannot be protected by the legislation of one of the Parties, the Party whose domestic legislation provides for the protection of that object may effect such protection on its behalf. The Parties undertake to immediately establish talks with a view to determining the breakdown of intellectual property rights on that object.
B. Interchange of Researchers
1. The researchers or scientists of a Party who are called upon to work in an organism or institution of the other Party shall be subjected to the scheme in force in each of the host bodies with regard to property rights intellectual, as well as the eventual prizes and remunerations attached to these rights, such as defined by the internal regulation of each host body.
2. In the case of a visiting researcher or scientist to come to be recognized by the host body as "inventor", the host bodies undertake, by way of incentive and on the basis of reciprocity of treatment, to confer on such a researcher or scientist a share of the economic gains arising from these rights.
C. Copyright-Publications
1. The publications will be covered by the copyright. Each Party shall have a free right to translate, reproduce and disseminate newspaper articles, scientific or technical reports relating to the jointly conducted researches, taking into consideration the need to comply with the provisions relating to confidentiality as established by the following 2.E title. The modalities for exercising this right will be defined in the specific agreements or contracts.
2. All copies should contain mention of the author.
3. Publications referring to the non-joint researches will be the subject of particular provisions in the framework of the specific agreements.
D. "Softwares"
1. Unless otherwise stipulated in the specific agreements or contracts, the "softwares" developed in the framework of the cooperation shall be owned by the Party that financed them. This Party shall hold on such "software" the set of the copyrights of the author established by the legislation of the Party concerned. This may grant the other Party licences whose modalities will be defined on a case-by-case.
2. cases of joint drafting or joint financing of "software" by both Parties or designated competent bodies, the regime applicable to such "software" should be determined by the specific agreements or contracts, including in what it says respect to the apportionment of the gains in the event of marketing.
E. Confidential Information
1. The term "confidential information" shall designate all knowledge, all technical data, commercial information or financial information communicated for the activities of cooperation in the framework of this Agreement and that it meets the following conditions:
a) it is usually guarded in secret for commercial reasons;
b) it is not of general knowledge and is not publicly available from other sources;
c) it was not previously disclosed by its owner to third parties without the obligation of maintenance of its confidentiality;
d) it is not yet at the disposal of the recipient without the obligation to maintain the your confidentiality
2. confidential information should be designated as such in an appropriate manner. The responsibility for that designation falls on the Party or the Parties that require such confidentiality.
3. All confidential information will be protected as per the applicable right in the respective territories of each of the Parties.
4. Confidential information may be communicated by the Parties to their employees as well as to their executors and subcontractors, provided that this has been expressly provided for in the specific agreements or contracts.
5. The information thus communicated may only be used at the limit of the sphere of application of the specific agreements or contracts. The Parties undertake to take all necessary measures in the face of their employees, performers and subcontractors to ensure respect to the confidentiality obligations set out above.
F. Communication a third party
The assignment to third parties of the results of the research and developments drawn up jointly should be the subject of understanding in writing between the Parties (or their competent bodies). Such an understanding will determine the rules for the diffusion of the information in question.
