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13048 Slovenia - Agreement for Scientific and Technological Cooperation


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13048

 

 

SCIENTIFIC COOPERATION

 

 


Agreement Between the
UNITED STATES OF AMERICA
and SLOVENIA


Signed at Ljubljana June 21, 1999

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.”

 

SLOVENIA

Scientific Cooperation

Agreement signed at Ljubljana June 21, 1999;
Entered into force December 17, 1999.
With annexes.

AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA
FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION
The Government of the United States of America and the
Government of the Republic of Slovenia (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;
Wishing to resume and extend the scientific and
technological cooperation which has been developed between the
two countries in the past under the 1993 Science and Technology
Agreement;
Convinced of the need for further developing mutually
beneficial scientific and technological cooperation; 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
and Paris;
Have agreed as follows:
ARTICLE I
1. The Parties shall develop, support and facilitate
scientific and technological cooperation between cooperating
government 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, natural
resources and their useful utilization, standards and
measurements science, science and technology policy and
management, and other areas of science and technology as may be
agreed by the Joint Board established in accordance with
Articles VIII and IX of this Agreement.
2. Cooperative activities under this Agreement may include
coordinated programs and joint research projects, studies, and
investigations; joint scientific courses, workshops,
conferences and symposia; exchange of science and technology
information and documentation in the context of cooperative
activities; exchange of plant and animal genetic resources;
exchange of scientists, specialists, and researchers; exchange
or sharing of equipment or materials; and other forms of
scientific and technological cooperation as may be agreed by
the Joint Board.
ARTICLE II
Cooperation under this Agreement shall be conducted in
accordance with the applicable national laws and regulations of
the Parties and subject to the availability of personnel and
appropriate funds.
ARTICLE III
1. Cooperative activities under this Agreement shall take
place under implementing memoranda of understanding or other
arrangements (hereinafter "implementing arrangements")
concluded between government organizations of the two Parties
(see Article X). Such implementing arrangements may cover the
subjects of cooperation, procedures, funding, allocation of
costs, and other relevant matters.
2. Activities previously initiated shall continue under,
and be governed by, the provisions of this Agreement.
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; and
(c) provision of access to relevant geographic areas, data,
materials, institutions, and persons participating in the
implementation of this Agreement.
2
ARTICLE V
Provisions for the protection and allocation of
intellectual property created or furnished in the course of
cooperative activities under this Agreement are set forth in
Annex A. Provisions for security of information and concerning
transfer of technology are set forth in Annex B. Annexes A and
B shall constitute an integral part of this Agreement.
ARTICLE VI
Scientific and technological information of a non-
proprietary 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
government organizations.
ARTICLE VII
Nothing in this Agreement shall prejudice arrangements for
scientific and technological cooperation not under this
Agreement between cooperating government organizations of the
Parties.
ARTICLE VIII
For the purposes of implementing this Agreement, the
Parties shall establish a U.S.-Slovenia Joint Board on
Scientific and Technological Cooperation (hereinafter the
"Joint Board"). The Joint Board shall:
(a) recommend to the Parties overall policies under the
Agreement;
(b) identify fields and forms of cooperation in accordance with
Article I;
(c) prepare periodic reports concerning the activities of the
Joint Board and cooperative activities undertaken under this
Agreement for submission to the Secretary of State of the
United States of America and the Minister of Science and
Technology or the Minister of Foreign Affairs of the
Republic of Slovenia; and
(d) undertake such further functions as may be agreed by the
Parties.
3
ARTICLE IX
1. The Joint Board shall consist of four government
representatives, two of whom shall be designated by, and serve
at the pleasure of, the Government of the United States of
America and two of whom shall be designated by, and serve at
the pleasure of, the Government of the Republic of Slovenia.
Each Party may designate alternate members.
2. The Joint Board shall meet periodically, alternating in
the United States and Slovenia, as agreed by the Parties. Each
Party will bear the expenses of its members or other
participants.
3. The Joint Board shall select a chairman from among its
members for a one year term.
4. The Joint Board shall act by consensus.
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 Science and Technology for the
Republic of Slovenia.
2. The Executive Agents shall exercise overall oversight,
management and coordination of cooperative activities under
this Agreement other than those carried out under implementing
arrangements entered into under Article III and which are
directly funded by participating government organizations.
3. The Executive Agents shall prepare working papers for
sessions of the Joint Board.
ARTICLE XI
1. This Agreement shall enter into force on the date on
which the Government of the Republic of Slovenia notifies the
Government of the United States of America that all necessary
legal requirements for entry into force of this Agreement have
been fulfilled. This Agreement shall remain in force for five
years. It will be automatically extended for consecutive
periods of five (5) years unless terminated by at least ninety
(90) days prior written notice to the other Party.
2. Either Party may terminate this Agreement at any time
upon six-months prior written notice to the other Party. Unless
otherwise agreed by the Parties, the termination of this
Agreement shall not affect the completion of any cooperative
activity undertaken under this Agreement and not fully
completed at the time of the termination of this Agreement. 4
3. This Agreement may be amended in writing by the
agreement of the Parties.
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this Agreement.
DONE at Ljubljana, in duplicate, this 21 day of June,
1999, in the English and Slovene languages, both texts being
equally authentic.
5
FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
FOR THE GOVERNMENT OF THE
REPUBLIC OF SLOVENIA
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 of rights 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.
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 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).
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
2
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.
3
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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