Article 21. Inventions And Technical Information

1.   The Organization, in connexion with any work performed by it or on its behalf at its expense, shall acquire in inventions and technical information those rights, but no more than those rights, which are necessary in the common interests of the Organization and of the Signatories in their capacity as such. In the case of work done under contract any such rights obtained shall be on a non-exclusive basis.

 

2.  For the purpose of paragraph (1) the Organization, taking into account its principles and objectives and generally accepted industrial practices, shall, in connexion with such work involving a significant element of study, research or development ensure for itself:

 

a.  The right to have disclosed to it without payment all inventions and technical information generated by such work.

 

b. The right to disclose and to have disclosed to Parties and Signatories and others within the jurisdiction of any Party such inventions and technical information, and to use and to authorize and to have authorized Parties and Signatories and such others to use such invention and technical information without payment in connexion with the INMARSAT space segment and any mobile earth station or land earth station operating in conjunction there with.

 

3.  In the case of work done under contract, ownership of the rights in inventions and technical information generated under the contract shall be retained by the contractor.

 

4.  The Organization shall also ensure for itself the right, on fair and reasonable terms and conditions, to use and to have used inventions and technical information directly utilized in the execution of work performed on its behalf but not included in paragraph (2), to the extent that such use is necessary for the reconstruction or modification of any product actually delivered under a contract financed by the Organization, and to the extent that the person who has performed such work is entitled to grant such right.

 

5.  The Council may in individual cases approve a deviation from the policies prescribed in paragraphs (2)(b) and (4), where in the course of negotiation it is demonstrated to the Council that failure to deviate would be detrimental to the interests of the Organization.

 

6.  The Council may also, in individual cases where exceptional circumstances warrant, approve a deviation from the policy prescribed in paragraph (3) where all the following conditions are met:

 

a.  It is demonstrated to the Council that failure to deviate would be detrimental to the interests of the Organization.

 

b. The Council determines that the Organization should be able to ensure patent protection in any country.

 

c.  Where, and to the extent that, the contractor is unable or unwilling to ensure such patent protection within the time required.

 

7.  With respect to inventions and technical information in which rights are acquired by the Organization otherwise than pursuant to paragraph (2), the Organization, to the extent that it has the right to do so, shall upon request:

 

a.  Disclose or have disclosed such inventions and technical information to any Party or Signatory subject to reimbursement of any payment made by or required of the Organization in respect of the exercise of this right of disclosure.

 

b. Make available to any Party or Signatory the right to disclose or have disclosed to others within the jurisdiction of any Party and to use and to authorize and to have authorized such others to use such inventions and technical information:

 

            i.   Without payment in connexion with the INMARSAT space segment or any land earth station or mobile earth station operating in conjunction therewith;

 

           ii.   For any other purpose, on fair and reasonable terms and conditions to be settled between Signatories or others within the jurisdiction of any Party and the Organization or the owner of the inventions and technical information or any other authorized entity or person having a property interest therein, and subject to reimbursement of any payment made by or required of the Organization in respect of the exercise of these rights.

 

8.  The disclosure and use, and the terms and conditions of disclosure and use, of all inventions and technical information in which the Organization has acquired any rights shall be on a non-discriminatory basis with respect to all Signatories and others within the jurisdiction of Parties.

 

9.  Nothing in this article shall preclude the Organization, if desirable, from entering into contracts with persons subject to domestic laws and regulations relating to the disclosure of technical information.

 


Written by Admin

Article 21. Languages

Article 21