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12975 Romania - Agreement on Cooperation in Science and Technology


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12975

 

 

SCIENTIFIC COOPERATION

 

 


Agreement Between the
UNITED STATES OF AMERICA
and ROMANIA


Signed at Washington July 15, 1998

with

Annexes

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

ROMANIA

Scientific Cooperation

Agreement signed at Washington July 15, 1998;
Entered into force April 5, 2000.
With annexes.

AGREEMENT BETWEEN THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
AND THE GOVERNMENT OF ROMANIA
ON COOPERATION IN SCIENCE AND TECHNOLOGY
The Government of the United States of America and the Government
of Romania (hereinafter referred to as "the Parties");
Recognizing the importance of science and technology in the
development of prosperous national economies;
Convinced that international cooperation in science and
technology will strengthen the bonds of friendship and
understanding between their peoples and will advance the state of
science and technology to the benefit of both countries;
Convinced of the need for further developing mutually beneficial
scientific and technological cooperation in the framework of the
new strategic partnership convened between the United States and
Romania and;
Recalling the Helsinki Final Act of the Conference on Security
and Cooperation in Europe and the concluding documents of follow-
up meetings held in Vienna, Bonn, Madrid, Paris and Lisbon;
Have agreed as follows:
ARTICLE I
1. The Parties shall develop, support and facilitate scientific
and technological cooperation between cooperating organizations
of their two countries on the basis of the principles of
equality, overall reciprocity, and mutual benefit. This
cooperation may be undertaken in such fields as basic science,
environmental protection, medical sciences and health,
agriculture, engineering research, energy, standardization,
science and technology policy and management, research regarding
natural and cultural heritage resources and their useful
utilization, and other areas of science and technology as may be
agreed upon by the parties.
2. Cooperating organizations may include, but are not limited to,
academies of sciences, scientific research and technological
development institutes, technical and innovation facilitating
organizations, scientific societies, governmental agencies,
universities and other research and development organizations of
both countries.
3. Cooperative activities under this Agreement may include:
a) coordinated and joint research development projects, studies,
and investigations;
-2-
b) joint scientific courses, workshops, conferences and symposia;
c) exchange of science and technology information and
documentation in the context of cooperative activities;
d) exchange of scientists, specialists, and researchers;
e) exchanges or sharing of equipment or materials; and
f) other forms of scientific and technological cooperation as may
be agreed by the parties.
ARTICLE II
Cooperation under this Agreement shall be subject to the
applicable national laws and regulations of the Parties and to
the availability of personnel and appropriated funds.
ARTICLE III
Cooperative activities under this Agreement shall take place
under implementing memoranda of understanding or other
arrangements (hereinafter referred to as the "implementing
arrangements"), concluded between cooperating organizations of
the two countries.
Such implementing arrangements should, as appropriate, cover the
subjects of cooperation, procedures, funding, allocation of
costs, and other relevant matters.
ARTICLE IV
With respect to cooperative activities under this Agreement, each
Party shall, in accordance with its laws and regulations,
facilitate:
(a) prompt and efficient entry into and exit from its territory
of appropriate equipment, instrumentation and project
information;
(b) prompt and efficient entry into and exit from its territory
and domestic travel and work of persons participating in the
implementation of this Agreement;
(c) provision of access to relevant geographic areas, data,
materials, institutions, and persons participating in the
implementation of this Agreement.
ARTICLE V
Provisions for the protection and distribution of intellectual
property created or furnished in the course of cooperative
activities under this Agreement are set forth in Annex A, which
shall constitute an integral part of this Agreement.
-3-
ARTICLE VI
Scientific and technological information of a nonproprietary
nature derived from the cooperative activities under this
Agreement shall be made available, unless otherwise agreed in
writing under implementing arrangements, to the world scientific
community through customary channels and in accordance with
current procedures of the cooperating organizations.
ARTICLE VII
Scientists, specialists and institutions of other countries or
international organizations may be invited, upon consent of both
Parties, to participate at their own expense, unless otherwise
agreed, in activities being carried out under this Agreement.
ARTICLE VIII
Nothing in this Agreement shall prejudice arrangements for
scientific and technological cooperation between cooperating
organizations of the Parties, not covered by this Agreement.
ARTICLE IX
The Parties shall, through the designated executive agents and at
mutually acceptable times, jointly review the progress of this
Agreement.
ARTICLE X
1. Each Party shall have an Executive Agent. The Executive
Agents shall be the Department of State for the United States of
America and the Ministry of Research and Technology for Romania.
2. The Executive Agents shall exercise overall oversight,
management and coordination of cooperative activities under this
Agreement.
ARTICLE XI
1. This Agreement shall enter into force upon an exchange of
diplomatic notes confirming that the Parties have completed their
respective internal requirements necessary for the entry into
force of this Agreement. This Agreement shall remain in force
for five years.
2. Either Party may terminate this Agreement upon six months
written notice to the other Party. Unless otherwise agreed by
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the Parties, the termination of this Agreement shall not prohibit
the completion of any cooperative activity undertaken under this
Agreement and not fully completed at the time of the termination
of this Agreement.
3. This Agreement may be amended by written agreement of the
Parties.
4. The Agreement will be automatically extended, for successive
periods of 5 years.
DONE at Washington, this fifteenth day of July, 1998, in
duplicate, in the English and Romanian languages, both texts
being equally authentic.
FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA:
FOR THE GOVERNMENT OF
ROMANIA:
ANNEX A
INTELLECTUAL PROPERTY
Pursuant to Article V of this Agreement:
The Parties shall ensure adequate and effective protection of
intellectual property created or furnished under this Agreement
and relevant implementing arrangements. The Parties agree to
notify one another in a timely fashion of any inventions or
copyrighted works arising under this Agreement and to seek
protection for such intellectual property in a timely fashion.
Rights to such intellectual property shall be allocated as
provided in this Annex.
I. SCOPE
A. This Annex is applicable to all cooperative activities
undertaken pursuant to this Agreement, except as otherwise
specifically agreed by the Parties or their designees.
B. For purposes of this Agreement, "intellectual property" shall
have the meaning found in Article 2 of the Convention
Establishing the World Intellectual Property Organization, done
at Stockholm, July 14, 1967.
C. This Annex addresses the allocation of rights, interests, and
royalties between the Parties. Each Party shall ensure that the
other Party can obtain the rights to intellectual property
allocated in accordance with the Annex, by obtaining those rights
from its own participants through contracts or other legal means,
if necessary. This Annex does not otherwise alter or prejudice
the allocation between a Party and its nationals, which shall be
determined by that Party's laws and practices.
D. Disputes concerning intellectual property arising under this
Agreement should be resolved through discussions between the
concerned participating institutions or, if necessary, the
Parties or their designees. Upon mutual agreement of the
Parties, a dispute shall be submitted to an arbitral tribunal for
binding arbitration in accordance with the applicable rules of
international law. Unless the Parties or their designees agree
otherwise in writing, the arbitration rules of the United Nations
Commission on International Trade Law (UNCITRAL) shall govern.
E. Termination or expiration of this Agreement shall not affect
rights or obligations under this Annex.
- 2 -
II. ALLOCATION OF RIGHTS
A. Each Party shall be entitled to a non-exclusive, irrevocable,
royalty-free license in all countries to translate, reproduce,
and publicly distribute scientific and technical journal
articles, reports, and books directly arising from cooperation
under this Agreement. All publicly distributed copies of a
copyrighted work prepared under this provision shall indicate the
names of the authors of the work unless an author explicitly
declines to be named.
B. Rights to all forms of intellectual property, other than
those rights described in Section II.A. above, shall be allocated
as follows:
1. Visiting researchers, for example, scientists visiting
primarily in furtherance of their education, shall receive
intellectual property rights under the policies of the host
institution. In addition, each visiting researcher named as an
inventor shall be entitled to share in a portion of any royalties
earned by the host institution from the licensing of such
intellectual property.
2. (a) For intellectual property created during joint
research, for example, when the Parties, participating
institutions, or participating personnel have agreed in advance
on the scope of work, each Party shall be entitled to obtain all
rights and interests in its own territory. Rights and interests
in third countries will be determined in implementing
arrangements. If research is not designated as "joint research"
in the relevant implementing arrangements, rights to intellectual
property arising from the research will be allocated in
accordance with paragraph II.B.(1). In addition, each person
named as an inventor shall be entitled to share in a portion of
any royalties earned by either institution from the licensing of
the property.
(b) Notwithstanding paragraph II.B.2.(a), if a type of
intellectual property is protected under the laws of one Party
but not the other Party, the Party whose laws provide for this
type of protection shall be entitled to all rights and interests
worldwide. Persons named as inventors of the property shall
nonetheless be entitled to royalties as provided in paragraph
II.B.2.(a).
-3-
III. BUSINESS-CONFIDENTIAL INFORMATION
In the event that information identified in a timely fashion as
business-confidential is furnished or created under the
Agreement, each Party and its participants shall protect such
information in accordance with applicable laws, regulations, and
administrative practice. Information may be identified as
"business-confidential" if a person having the information may
derive an economic benefit from it or may obtain a competitive
advantage over those who do not have it, the information is not
generally known or publicly available from other sources, and the
owner has not previously made the information available without
imposing in a timely manner an obligation to keep it
confidential.
ANNEX B
SECURITY OBLIGATIONS
I. PROTECTION OF INFORMATION
Both Parties agree that no information or equipment requiring
protection in the interests of national defense or foreign
relations of either Party and classified in accordance with the
applicable national laws and regulations shall be provided under
this Agreement. In the event that information or equipment which
is known or believed to require such protection is identified in
the course of cooperative activities undertaken pursuant to this
Agreement, it shall be brought immediately to the attention of
the appropriate officials and the Parties shall consult
concerning the need for and level of appropriate protection to be
accorded such information or equipment.
II. TECHNOLOGY TRANSFER
The transfer of unclassified export-controlled information or
equipment between the Parties shall be in accordance with the
relevant laws and regulations of each Party to prevent the
unauthorized transfer or retransfer of such information or
equipment provided or produced under this Agreement. If either
Party deems it necessary, detailed provisions for the prevention
of unauthorized transfer or retransfer of such information or
equipment shall be incorporated into the contracts or
implementing arrangements.



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