Independently Created Inventions

The definition of the term «Self-created inventions» is provided in the Agreement on the Legal Protection of Inventions, Industrial and Utility Models, and Trademarks in the Implementation of Economic and Scientific-Technical Cooperation (concluded in Moscow on 12.04.1973) (hereinafter referred to as the Agreement).

According to paragraph 1 of Article 1 of the Agreement, this Agreement applies:

a) to inventions, industrial and utility models created by citizens of the Contracting States of the Agreement as a result of the implementation of economic and scientific-technical cooperation between these countries:

• in the case of joint conduct of scientific research, design and engineering, technological and experimental work in international scientific research institutes, design and engineering organizations, joint laboratories and departments, in international scientific and production associations and other international organizations and collectives established on the basis of bilateral or multilateral agreements;
• in the case of conducting scientific research, design and engineering, technological and experimental work by cooperating organizations of Contracting Parties in the framework of cooperation, based on division of labour as stipulated in relevant contracts;
• when conducting coordinated research, design, technological and experimental works by organizations of the Agreement member states according to a common agreed plan with the aim of achieving a common result through independent development of individual topics (stages of work) with mutual obligation to subsequently transfer the results of the work for use in the national economy of the countries;

b) to trademarks used for denoting products manufactured as a result of economic and scientific and technical cooperation between the Contracting Parties.

The provisions of the Agreement will also apply to inventions, industrial and utility models created as a result of cooperation and specialization in production by enterprises of the Contracting Parties, and in other forms of economic and scientific and technical cooperation between these countries in accordance with agreements and arrangements providing for such cooperation.

Under inventions, industrial and utility models, in accordance with paragraph 1 of Article 1 of the Agreement, are understood to be joint inventions, industrial and utility models, as well as inventions, industrial and utility models created independently by citizens of one of the Contracting Parties (paragraph 1 of Article 2 of the Agreement).

Under independently created inventions, industrial and utility models as defined in paragraph 1 of Article 2 of the Agreement, are understood to be inventions, industrial and utility models created as a result of economic and scientific and technical cooperation between citizens of one of the Contracting States, excluding inventions, industrial and utility models recognized as joint under subpoints «б» and «в» of paragraph 2 of Article 2 of the Agreement. Rights to such inventions, industrial and utility models belong to the country of citizenship of the inventor or the corresponding organization of that country, provided this is permitted by national legislation.

Other Contracting Parties may be granted the right to use such inventions, industrial and utility models under conditions agreed upon between the competent organizations of the interested countries (paragraph 4 of Article 2 of the Agreement).

According to paragraph 2 of Article 2 of the Agreement, the following are joint:

a) inventions, industrial and utility models created in co-authorship with citizens of Contracting Parties, regardless of which of these countries' territories they were created on. The rights to such inventions, industrial and utility models belong to the Contracting Parties whose citizens are their creators, or to the corresponding organizations of these countries, as permitted by national legislation;

b) inventions, industrial and utility models created in international scientific research institutes, design and engineering organizations, joint laboratories and departments, international scientific and production associations and other international organizations and collectives, regardless of whether these inventions, industrial and utility models were created by citizens of one country or several countries parties to the Agreement, unless otherwise provided for by agreements on the establishment of such organizations and collectives. The rights to such inventions, industrial and utility models belong to the countries parties to the mentioned organizations and collectives or to the corresponding organizations of these countries, as permitted by national legislation;

(c) inventions, industrial and utility models created as a result of jointly funded work conducted by the Contracting Parties to the Agreement, if this is provided for in agreements and contracts governing such work. The rights to these inventions, industrial and utility models belong to the Contracting Parties participating in such works or to the corresponding organizations of these countries, as permitted by national legislation.