Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In light of the amended Decree No. 53-192 of 14 March 1953 concerning the Ratification and publication of the international commitments entered into by France;
Having regard to Decree No. 97-764 of 15 July 1997 on the publication of the framework agreement for cooperation between the Government of the French Republic and the Government of the Federative Republic of Brazil, signed in Paris on 28 May 1996,
Décrète:
The framework agreement between the Government of the French Republic and the Government of the Federative Republic of Brazil on cooperation in the field of study and use of outer space for peaceful purposes (an Annex), signed in Paris on 27 November 1997, will be published in the Official Journal of the French Republic.
The The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
FRAMEWORK AGREEMENT
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL COOPERATION IN THE FIELD OF STUDY AND THE USE OF THE EXTRA-ATMOSPHERIC SPACE FOR PACIFIC PURPOSES (ALL ANNEX)
The Government of the French Republic and the Government of the Federative Republic of Brazil below Parties,
Desiring to strengthen traditional ties of friendship and cooperation between the two countries;
Considering that the development of bilateral space cooperation is likely to contribute to the strengthening of ties Friendship and partnership between the two states;
Considering the Cultural Agreement of 6 December 1948 between the French Republic and the Federative Republic of Brazil, complemented by the Agreement on Technical and Scientific Cooperation of 16 January 1967, Itself supplemented by various arrangements;
Considering the Agreement of 30 January 1981 in the field of industrial property between the Government of the French Republic and the Government of the Federative Republic of Brazil;
Considering the Framework Agreement for Cooperation between the Government of the French Republic and the Government of the Federative Republic of Brazil signed on 28 May 1996 and aimed at the establishment of a new partnership between the two States
To continue and as far as possible expand on a fair and mutually beneficial basis bilateral cooperation in the various fields of space exploration and the practical application of space technologies and technologies to For peaceful purposes;
Desiring to encourage industrial and commercial cooperation between the companies of the two States in the space field;
Taking into consideration the provisions of the Treaty on the principles governing the Activities of States in the exploration and use of outer space, including the Moon and Celestial Bodies, of 27 January 1967 and the other Treaties and multilateral agreements governing the exploration and use of outer space The extra-atmospheric space to which the two states are parties;
Recognizing their commitments as a signatory to the Missile Technology Control Regime (MTCR),
agreed as follows:
Item 1
1. With a view to developing a closer partnership, the Parties shall continue and deepen their scientific and technical cooperation and promote industrial and commercial cooperation between the two States in the field of study and The use of outer space for peaceful purposes.
2. In the context of this Agreement, cooperation shall be implemented in accordance with the domestic law of each Party, in accordance with international law and without prejudice to enforcement, by Each Party, obligations arising from other agreements and commitments to which it has subscribed.
Article 2
1. The French Party designates the National Centre for Space Studies and the Brazilian Party the Brazilian Space Agency as competent bodies to implement the cooperation provided for in this Agreement.
2. In accordance with the law Within the territory of each Party, each competent Party or body may, in addition, designate other entities, hereinafter referred to as " Other bodies ", for the implementation of the cooperation programmes and projects referred to in this Agreement.
Article 3
In the context of this Agreement, cooperation actions may be undertaken In the following domains:
1. Space science, astrophysics, space physics and solar system studies;
2. Earth sciences, climate change studies, and the global environment;
3. The design, development, operation and control of Earth observation satellites, data collection, telecommunications and navigation from space;
4. Development of technologies related to payload and space platforms;
5. Development of satellite launchers and space probes, sounding rockets, launch services, launch infrastructures and observation stations;
6. Other areas that may be agreed upon by the Parties.
Article 4
1. In the areas listed in the previous article, cooperation can take the following forms:
(a) The development and implementation of joint space projects;
(b) The implementation of exchange and training programmes;
(c) Development of industrial and commercial programmes in the field of space systems and launch services;
(d) The exchange of material, documentation, data, experimental results and scientific information ;
e) The organization of joint symposia and scientific meetings;
f) Other forms of cooperation that may be decided upon by the Parties by mutual agreement.
2. Cooperation actions under this Agreement shall be carried out Taking into account the interests of the Parties, their industrial and commercial policies and in the context of their budgetary resources and availabilities.
Article 5
Agreements for To amend, amend or extend the terms of this Framework Agreement may be concluded between the Parties.
Specific programs or contracts concluded between the competent bodies, between other organizations or between organizations Shall determine the principles, standards and procedures relating to the organisation, implementation and, where appropriate, the financing of cooperation programmes and projects.
Article 6
The Parties shall encourage the development of cooperation between industrial and commercial, public or private enterprises or enterprises, of both States, including with the possible participation of organizations or Companies from third countries and international organisations.
Article 7
1. The competent bodies shall be responsible for the management and financing of the amount of their respective obligations in the cooperation programmes implemented under this Agreement.
2. These activities shall be conducted in accordance with With the national legislation of each Party and are subject to the availability of funds allocated for such purposes.
Article 8
1. In accordance with the conditions of confidentiality set out in the Annex to this Agreement, the Parties, their competent bodies and other bodies shall guarantee each other access to the results of the joint research and work and shall encourage For this purpose the exchange of relevant information and data.
2. Communication to third parties of data resulting from cooperation actions cannot be made without the prior agreement of both Parties.
Article 9
The protection and attribution of intellectual property rights are governed by the principles and rules set out in the Annex to this Agreement, which is an integral part of this Agreement.
Article 10
In accordance with its internal law and subject to reciprocity, each Party:
-facilitates the allocation of entry and residence permits on its territory to nationals of the other Party who enter and stay on its territory Territory for the purpose of carrying out activities within the framework of the specific programmes and contracts concluded pursuant to this Agreement;
-facilitates the import and export of the assets of the personnel, the execution of their mission, the application The customs and tax rules in force in their respective territories;
-permits entry into its territory, in relief of duties and taxes within the limits and under the conditions prescribed by the respective national laws, of Equipment and equipment necessary for scientific and technical cooperation under this Agreement.
Article 11
Any dispute relating to the interpretation or application of this Agreement Agreement shall be resolved by negotiation between the Parties or, in the event that they have not been concluded within six months of the commencement of negotiations, by any other means of dispute settlement recognized by law Accepted by each Party.
Article 12
1. This Agreement shall be concluded for a period of ten years, renewable by tacit renewal for equal periods.
2. Each Party shall notify the other of the completion of the internal procedures required for the entry into force of this Agreement. Agreement, which will enter into force on the date of the last of these notifications.
3. This Agreement may be denounced by either Party, by diplomatic means, with at least six months' notice.
4. The termination of this Agreement shall not relieve the Parties of their outstanding obligations under this Agreement, unless the Parties otherwise agree. It shall not affect the rights and obligations agreed upon and obtained in connection with the implementation of the Agreement before its termination.
Done at Paris, on November 27, 1997, in duplicate, each in the French and Portuguese languages, the two texts Also authentic.
For the Government
of the French Republic:
Hubert Védrine
Minister for Foreign Affairs
For the Government of
of the Federative
of Brazil:
Luiz Felipe Lampreia
Minister of External
A N N E X E
INTELLECTUAL PROPERTY
The Parties undertake to protect, in the most effective manner, the results achieved in the context of the cooperation object of the Agreement.
They shall inform each other, in a timely manner, of any intervention or work that may be protected and shall proceed, as soon as possible, to the formalities of intellectual property protection.
1. Scope
A.-This Annex applies to all activities carried out within a framework of cooperation under this Agreement, except as otherwise provided in the Agreement between the Government of the Republic of And the Government of the Federative Republic of Brazil of January 30, 1981 in the field of industrial property and except for special provisions expressly agreed by the Parties or the bodies mandated by
. Activities carried out in an industrial or commercial framework do not fall within the scope of this Annex and are defined on a case-by-case basis.
B.-For the purposes of this Agreement, the expression " Intellectual property " Has the meaning assigned to it by Article 2 of the Convention establishing the World Intellectual Property Organization, concluded at Stockholm on 14 July 1967.
C.-This Annex deals with the allocation of rights between the Parties. Each Party shall ensure that the other Party or the competent bodies referred to in Article 3 of the Agreement may acquire the intellectual property rights in accordance with this Annex.
D.-This Annex does not amend the The intellectual property of the Parties which shall be governed by the law of each Party and the internal regulations of the Parties concerned and shall not affect the international commitments entered into by the Parties
Remains the sole owner of all intellectual property rights acquired previously or as a result of independent research.
F.-Intellectual property disputes must be resolved amicably to the extent of the
termination or expiration of this Agreement shall not affect the rights and obligations arising out of this Annex, as long as they are prior to such termination or expiration.
2. Allocation of rights
A.-Inventions that may be protected by intellectual property:
1. For the intellectual property created in the course of a joint research activity, the Parties or organizations designated by them shall endeavour to jointly develop a plan for the development of the technology, prior to the beginning of their Cooperation, or within a reasonable period of time from the time when a Party identifies the creation of intellectual property. This technology development plan shall take into account the respective contributions of the Parties and their designated bodies to the research activity.
A research activity is described as joint, for attribution Intellectual property rights, provided that it is designated as such in specific agreements or contracts. The attribution of intellectual property rights to joint research activities shall be carried out in accordance with the provisions of the following paragraph.
2. If this recovery plan cannot be established within a reasonable period of time, it shall be The most diligent party, in its name, to proceed with the protection by intellectual property; the Parties or organizations designated by them agree on the allocation of intellectual property rights under defined conditions of a Agreement, taking into account the respective contributions of each of them, as well as the costs relating to the protection of intellectual property.
In the territory of third countries, the allocation of such rights and income shall be fixed in Specific agreements or contracts.
3. Where there is no qualified joint research, the intellectual property rights regime is defined in specific agreements or contracts. The other Party's right of access to these intellectual property rights is agreed on a case-by-case basis.
4. In the event that an object of intellectual property cannot be protected by the law of one of the Parties, the Party whose legislation provides for the protection of that object may carry out such protection on its behalf. The Parties shall immediately enter into discussions to determine the allocation of intellectual property rights to this object.
B.-Researchers:
1. The researchers and scientists of a Party who are required to work in an organization or entity of the other Party shall be subject to the regime in force in each host organization in respect of intellectual property rights, as well as Any premiums or charges related to these rights, as defined by the rules of procedure of each host organization.
2. In the event that a visiting scientist or scientist is recognized by the host organization as " Inventor ", the host organizations undertake, as encouragement and on the basis of reciprocity of treatment, to allocate to that researcher or scientist a share of the proceeds of the royalties related to these rights
Publications:
1. Publications are covered by copyright. Each Party shall have a free right to translate, reproduce and disseminate newspaper articles, scientific or technical reports concerning research conducted jointly, subject to compliance with the provisions concerning the Confidentiality contained in Title 2. E below. The procedures for exercising this right are defined in specific agreements or contracts.
2. All copies must be marked with the author.
3. Publications relating to non-joint research are subject to specific provisions under the specific agreements.
D.-Software:
1. Unless otherwise stipulated in the specific agreements or contracts, the software developed in the framework of cooperation shall be the property of the Party which has financed them. It shall hold on this software all the economic rights of the author vested in the legislation of the Party concerned. The latter may grant to the other Party licenses whose terms are defined on a case-by-case basis.
2. In the case of software developed in common or co-financed by the two Parties or the competent bodies, the system applicable to such software shall be defined in the specific agreements or contracts, including the distribution of royalties in the case of Marketing.
E.-Confidential information:
1. The term " Confidential Information " Means any know-how, technical data or commercial or financial information communicated for activities in cooperation within the framework of this Agreement, fulfilling the following conditions:
a) It is usually kept secret For commercial reasons;
(b) It is not known or available to the public from other sources;
(c) It has not been previously communicated by the holder to third parties without a confidentiality obligation;
(d) It is not Not already held by the recipient without a confidentiality obligation.
2. Confidential information must be designated as such in an appropriate manner. The responsibility for this designation lies with the Party (s) that require this confidentiality.
3. All confidential information shall be protected in accordance with the law applicable in the territory of the State of which each Party belongs.
4. Confidential information may be disclosed to their employees and to contractors and subcontractors by the Parties, provided that this is expressly provided for in specific agreements or contracts.
5. The information thus communicated may be used only within the scope of the specific agreements or contracts. The Parties undertake to make all necessary arrangements vis-à-vis their employees, contractors and subcontractors in respect of the confidentiality obligations defined above.
F.-Third-party communication:
A written agreement between the Parties (or their competent bodies) shall be made available to third parties of the results of the research and development carried out jointly. This agreement will determine the rules for the release of the information.
Done at Paris, May 6, 2005.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Jean-Pierre Raffarin
The Minister for Foreign Affairs,
Michel Barnier
