CYIL vol. 11 (2020)

CYIL 11 (2020) THE CURRENT TRENDS OF INTERNATIONAL TREATIES IN THE FIELD… Clause 2, Article 9 of the treaty stipulates that authorized organizations shall provide for obligations in contracts during the implementation of this agreement, as related to, inter alia, preserving the right of the holder of previous intellectual property rights to control its use, the indemnification resulting from the unlawful use of intellectual property, production secrets (know-how) and information on the results of intellectual activity, etc. Clause 5, Article 9 of the treaty, stipulates that the parties, their competent authorities and authorized organizations shall take all necessary measures on a free basis to ensure the assignment of rights to intellectual activity results to and the acquisition by the proper right holder of jointly obtained intellectual property in accordance with the terms of this agreement and the contracts concluded during the implementation of this treaty. Another example can be given: The intergovernmental treaty dated February 16, 2017, between the Government of the Russian Federation and the Government of the Republic of Zambia. The purpose of the treaty is the cooperation in the design, construction, operation and decommissioning of the Center for Nuclear Science and Technology in the Republic of Zambia. Article 6 of the treaty stipulates that the Russian party shall ensure that the general contractor performs in accordance with the preparatory period contracts and/or the general contract, including the following: the scope of supply includes spare parts in accordance with the standards established by manufacturers for the period of installation and commissioning works and for the warranty period of the Center’s operation, as well as special tools and devices for installation and commissioning, maintenance and repair of equipment in accordance with the technical documentation for equipment of manufacturers and conditions agreed upon in the general contract. Delivery is carried out to the site of the Center. Such a detailed approach to the elaboration of the provisions of intergovernmental treaties indicates careful work with potential partners in the implementation of projects and the conclusion of contracts in the implementation of areas of cooperation provided for by the intergovernmental treaty. 4. Peculiarities of international regulation of international commercial projects The intergovernmental treaty between the Government of the Russian Federation and the Government of the Republic of Turkey on cooperation in the construction and operation of a nuclear power plant at the Akkuyu site in Mersin province on the southern coast of Turkey was signed on May 12, 2010 20 . This is an example of creating an atomic generation facility based on the principles of “BOO” – “Build, Operate, Own” – one of the models of public- private partnership 21 . According to Clause 2, Article 3 of the treaty, the scope of cooperation includes, inter alia: design and construction of nuclear power plants; development and construction of infrastructure, including, without limitation, the infrastructure related to the connection to the power grid necessary for the implementation of the Project; Project implementation management; NPP commissioning; safe and reliable operation of nuclear power plants; purchase and sale of electricity generated by nuclear power plants; training and retraining of operating personnel of nuclear power plants; supply of fresh nuclear fuel; decontamination and safe handling of radioactive waste from nuclear power plants;

20 Bulletin of International Treaties , July 2011, No. 7, pp. 36-48. 21 See: ROMANOVA, Victoria V. Actual problems and tasks of corporate law (Jurist Publishing House 2020) pp. 152-158.

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