Convention on the (INMARSAT) in the United States

Article 19. Establishment of utilization charges

(1) The Council shall specify the units of measurement for the various
types of utilization of the INMARSAT space segment and shall establish
charges for such utilization. These charges shall have the objective of
earning sufficient revenues for the Organization to cover its operating,
maintenance, and administrative costs, the provision of such operating
funds as the Council may determine to be necessary, the amortization of
investment made by Signatories, and compensation for use of capital in
accordance with the Operating Agreement.

(2) The rates of utilization charge for each type of utilization shall be
the same for ail Signatories for that type of utilization.

(3) For entities, other than Signatories, which are authorized in
accordance with article 7 to utilize the INMARSAT space segment, the
Council may establish rates of utilization charge different from those
established for Signatories. The rates for each type of utilization shall
be the same for all such entities for that type of utilization.

Article 20. Procurement

(1) The procurement policy of the Council shall be such as to encourage,
in the interests of the Organization, world-wide competition in the
supply of goods and services. To this end:

(a) Procurement of goods and services required by the Organization,
whether by purchase or lease, shall be effected by the award of
contracts, based on responses to open international invitations to
tender.

(b) Contracts shall be awarded to bidders offering the best combination
of quality, price and the most favourable delivery time.

(c) If there are bids offering comparable combinations of quality,
price and the most favourable delivery time, the Council shall
award the contract so as to give effect to the procurement policy
set out above.

(2) In the following cases the requirement of open international tender
may be dispensed with under procedures adopted by the Council, provided
that in so doing the Council shall encourage in the interests of the
Organization world-wide competition in the supply of goods and services:

(a) The estimated value of the contract does not exceed 50,000 US
dollars and the award of the contract would not by reason of the
application of the dispensation place a contractor in such a
position as to prejudice at some later date the effective exercise
by the Council of the procurement policy set out above. To the
extent justified by changes in world prices, as reflected by
relevant price indices, the Council may revise the financial limit.

(b) Procurement is required urgently to meet an emergency situation.

(c) There is only one source of supply to a specification which is
necessary to meet the requirements of the Organization or the
sources of supply are so severely restricted in number that it
would be neither feasible nor in the best interest of the
Organization to incur the expenditure and time involved in open
international tender provided that where there is more than one
source they will have an opportunity to bid on an equal basis.

(d) The requirement is of an administrative nature for which it would
be neither practicable nor feasible to undertake open international
tender.

(e) The procurement is for personal services.

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 inventions and technical information without payment in
connexion with the INMARSAT space segment and any earth station on
land, ship or aircraft operating in conjunction therewith.

(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 earth station on land, ship or aircraft 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.