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13085 Hungary - Agreement for Scientific and Technological Cooperation


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13085

 

 

SCIENTIFIC COOPERATION

 

 


Agreement Between the
UNITED STATES OF AMERICA
and HUNGARY


Signed at Washington March 15, 2000

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.”

 

HUNGARY

Scientific Cooperation

Agreement signed at Washington March 15, 2000;
Entered into force May 11, 2000.
With annexes.

AGREEMENT BETWEEN THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
AND THE GOVERNMENT OF THE REPUBLIC OF HUNGARY
FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION
The Government of the United States of America and the
Government of the Republic of Hungary (hereinafter referred
to as "the Parties");
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;
Recognizing the successful scientific and technological
cooperation which has been developed between the two
countries under the Agreement between the Government of the
United States of America and the Government of the
Hungarian People's Republic for Scientific and
Technological Cooperation signed on October 4, 1989
(hereinafter referred to as "the 1989 Agreement"); and
Convinced of the need for further developing mutually
beneficial scientific and technological cooperation;
Have agreed as follows:
ARTICLE I
1. The Parties shall develop, support and facilitate
scientific and technological cooperation between
cooperating agencies of their two countries on the basis of
the principles of equality, 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,
standardization, science and technology as may be agreed by
the Joint Board established in accordance with Articles IX
and X 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 scientific
and technological information and documentation in the
context of cooperative activities; 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 subject to the
applicable national laws and regulations of the Parties and
to the availability of personnel and appropriated financial
resources.
ARTICLE III
Cooperative activities under this Agreement shall take
place under implementing memoranda of understanding or
other arrangements (hereinafter referred to as
"implementing arrangements") concluded between government
agencies of the two Parties (see Article XI). Such
implementing arrangements may cover the subjects of
cooperation, procedures, funding, allocation of costs, and
other relevant matters. Unallocated monies and activities
initiated under the 1989 Agreement continuing under this
Agreement shall be governed by the rules and regulations 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 and domestic travel and work of persons
participating in the implementation of this Agreement;
(B)Prompt and efficient entry into and exit from its
territory of appropriate equipment, instrumentation,
materials, supplies, samples and project information; and
(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. Provisions for security of information and
concerning transfer of technology are set forth in Annex B.
Annexes A and B constitute an integral part of this
Agreement.
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 agencies.
ARTICLE VII
Scientists, technical experts and institutions of third
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 not under this
Agreement between cooperating agencies of the Parties.
2
ARTICLE IX
For the purposes of implementing this Agreement, the
Parties shall establish a U.S.-Hungarian Joint Board on
Scientific and Technological Cooperation (hereinafter
referred to as "The Joint Board"). The Joint Board shall:
(A) Recommend to the Parties overall policies under the
Agreement;
(B) 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 Foreign
Affairs of the Republic of Hungary; and
(C) Undertake such further functions as may be agreed by
the Parties, including the expenditure of unallocated
funds.
ARTICLE X
1. The Joint Board shall consist of four 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 Hungary.
Each Party may designate a co-chairperson and a
commissioner.
2. The Joint Board shall meet periodically, as agreed by
the Parties. The meetings will alternate between the
United States and Hungary. Unless otherwise agreed by the
Parties, each Party shall bear the cost of its travel and
participation in Joint Board Meetings.
3. The Joint Board shall act by consensus.
ARTICLE XI
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 Education for
the Republic of Hungary.
2. The Executive Agents shall exercise overall oversight
and coordinate 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 agencies.
ARTICLE XII
1. This Agreement shall enter into force when the Parties
notify each other, through diplomatic channels, of the
completion of their respective internal requirements
necessary for the entry into force of this Agreement and it
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. This agreement shall
supersede the 1989 Agreement.
3
2. The termination of the 1989 Agreement shall not affect
the completion of any cooperative activity initiated under
the 1989 Agreement and not yet completed.
3. Either Party may terminate this Agreement at any time
upon ninety (90) days 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 completed at the time of the termination of this
Agreement.
4. This Agreement may be amended by written agreement of
the Parties.
Done at Washington, in duplicate, this 15th day of March,
2000, in the English and Hungarian languages, both texts
being equally authentic.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA: REPUBLIC OF HUNGARY:
4
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 the 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.
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).
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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