Agreement for scientific and technological cooperation between the European Community and the Argentine Republic
L 6/32 EN Official Journal of the European Communities 11. 1. 2000 for scientific and technological cooperation between the European Community and the Argentine Republic AGREEMENT The EUROPEAN COMMUNITY (hereinafter referred to as the ‘Community’), on the one part, and The ARGENTINE REPUBLIC (hereinafter referred to as ‘Argentina’), on the other part, hereinafter referred to as the ‘Parties’, CONSIDERING the Framework Agreement for trade and economic cooperation between the European Economic Community and the Argentine Republic of 2 April 1990; CONSIDERING the importance of science and technology for their economic and social development; CONSIDERING the ongoing scientific and technological cooperation between the Community and Argentina; CONSIDERING that the Community and Argentina are currently pursuing research and technological activities, including demonstration projects as defined in Article 2(d), in a number of areas of common interest and that participation in each other's research and development activities on a basis of reciprocity will provide mutual benefits; DESIRING to establish a formal basis for cooperation in scientific and technological research which will extend and strengthen the implementation of cooperative activities in areas of common interest and encourage the application of the results of such cooperation to their economic and social benefit; CONSIDERING that this Agreement for scientific and technological cooperation is within the context of the global cooperation between Argentina and the Community, HAVE AGREED AS FOLLOWS: Article 1 Purpose The Parties shall encourage, develop and facilitate cooperative activities between the Community and Argentina in fields of common interest where they are pursuing research and devel- opment activities in science and technology. the implementing Community and Argentina and is designated as joint research in writing by the Parties or their institutions and agencies research programmes. In the case where there is funding by only one Party the designation is made by that Party and the participant in that project. ‘Demonstration projects’ are projects designed to prove the viability of new technolo- gies which offer a potential economic advantage but which cannot be commercialised directly; scientific Article 2 Definitions (e) ‘participant’ or research ‘entities’ means any person moral or private, any research institute or any other legal entity or firm established in the Community or in Argentina involved in cooperative activities including the Parties themselves. For the purpose of this Agreement: (a) (b) (c) (d) ‘cooperative activity’ means any activity which the Parties undertake or support, pursuant to this Agreement, and includes joint research; ‘information’ means scientific or technical data, results or methods of research and development stemming from joint research and any other data deemed necessary by the participants to cooperative activities; including, as neces- sary, by the Parties themselves; ‘intellectual property’ shall have the meaning defined in Article 2 of the Convention establishing the World Intel- lectual Property Organisation, done at Stockholm, on 14 July 1967; ‘joint research’ means research, technological development or demonstration that is implemented with or without financial support from one or both Parties and that involves collaboration by participants from both the Article 3 Principles Cooperative activities shall be conducted on the basis of the following principles: (a) mutual benefit based on an overall balance of advantages; (b) (c) reciprocal access to the activities of research and techno- logical development undertaken by each Party; timely exchange of information which may affect cooper- ative activities; (d) appropriate protection of intellectual property rights. 11. 1. 2000 EN Official Journal of the European Communities L 6/33 Article 4 Areas of cooperative activities The joint RTD projects shall be implemented when the participants have developed a technology management plan, as indicated in the Annex to this Agreement. Cooperation under this Agreement may cover all the activities of research, technological development and demonstration, hereinafter referred to as ‘RTD’, included in the first activity of the framework programme as described in Article 164 of the Treaty establishing the European Community and all similar RTD activities in Argentina in the corresponding scientific and technological fields. This Agreement does not affect the participation of Argentina, as a developing country, in Community activities in the field of research for development. Article 5 Forms of cooperative activities (a) The Parties shall foster the participation of research enti- ties in cooperative activities under this Agreement in conformity with their internal policies and regulations, with a view to providing comparable opportunities for participation in their scientific and technological research and development activities. (b) Cooperative activities may take the following forms: — participation of Argentine research entities in RTD projects under the first activity of the framework programme and reciprocal participation of research entities established in the Community in Argentine projects in similar sectors of RTD. Such a participation is subject to the rules and procedures applicable in the RTD programmes of each Party, — pooling of RTD projects implemented according to the procedures applicable in the RTD programmes of each Party, already Article 6 Coordination and facilitation of cooperative activities (a) this Agreement, For the purposes of the Parties shall appoint the following appropriate authorities, acting as executive agents, for the coordination and facilitation of cooperative activities: on behalf of Argentina, the Secre- tariat of Science and Technology of the Ministry of Culture and Education, or such other authority as Argen- tina may at any time notify with prior written notice; and, on behalf of the Community, the representatives of the European Commission. (b) The Executive Agents shall establish a RTD Cooperation Steering Committee, hereinafter referred to as the ‘Steering Committee’ for the management of this Agreement; this Committee shall consist of a similar number of official representatives of each Party; it shall establish its own rules of procedure. (c) The functions of the Steering Committee shall include: 1. promoting and overseeing the different cooperative activities as mentioned in Article 4 of this Agreement as well as those that would be implemented in the framework of RTD cooperation for development; 2. to Article 5(b), indent, identifying, pursuant among the potential sectors for RTD cooperation, those priority sectors or subsectors of mutual interest in which a cooperation is sought; first 3. proposing, pursuant to Article 5(b), second indent, to the scientists of both Parties the pooling of their projects which would be of mutual benefit and complementary; — visits and exchanges of scientists and technical experts, 4. making recommendations pursuant to Article 5(b), seventh indent; — joint organisation of scientific seminars, conferences, symposia and workshops, as well as participation of experts in those activities, — concerted actions, — exchanges and sharing of equipment and materials, — exchanges of information on practices, laws, regula- tions, and programmes relevant to cooperation under this Agreement, — any other modality that would be recommended by the Steering Committee as provided for in Article 6(b) and deemed to be in conformity with the policies and procedures applicable in both Parties. 5. 6. 7. advising the Parties on ways to enhance and improve cooperation consistent with the principles set out in this Agreement; reviewing the efficient functioning and implementa- tion of this Agreement annually providing a report to the Parties on the status, the level reached and the effectiveness of cooperation undertaken under this Agreement. This report will be transmitted to the Joint Committee established under the Framework Agreement for trade and economic cooperation between the European Economic Community and the Argentine Republic of 2 April 1990. L 6/34 EN Official Journal of the European Communities 11. 1. 2000 (d) The Steering Committee shall, as a general rule, meet annually, preferably before the meeting of the Joint Committee established under the Framework Agreement for trade and economic cooperation between the Euro- pean Economic Community and the Argentine Republic of 2 April 1990, and according to a jointly agreed schedule and shall report to it; the meetings should be held alternatively in the Community and in Argentina. Extraordinary meetings may be organised at the request of either Party. (e) Each Party shall bear the costs of its participation in the meetings of the Steering Committee. The costs other than those for travel and accommodation which are directly associated with meetings of the Steering Committee shall be borne by the host Party. and as regards the intellectual property stemming from this involvement, the rules of diffusion of research results stemming from the Community RTD specific programmes as well as the provisions of the Annex to this Agreement. The research entities established in the Community which are involved in Argentine RTD projects have, as regards the owner- ship, the diffusion, and the utilisation of information and as regards the intellectual property stemming from this involve- ment, the same rights and the same obligations as the Argen- tine research entities and are subject to the provisions of the Annex to this Agreement. The Annex on intellectual property rights forms an integral part of this Agreement. Article 7 Funding (a) Cooperative activities shall be subject to the availability of appropriated funds and in conformity with the applicable laws and regulations, policies and programmes of the Parties. The costs incurred by the participants in the co- operative activities will not lead to any transfer of funds from one Party to the other. (b) When specific cooperative schemes of one Party provide for financial support to participants from the other Party, any such grants, financial or other contributions from one Party to the participants of the other Party in support of those activities shall be granted tax and customs exemp- tion in accordance with the laws and regulations applic- able in the territories of each Party. Article 8 Entry of personnel and equipment Each Party shall take all reasonable steps and use its best efforts, within laws and regulations applicable in the territories of each Party, to facilitate entry to, sojourn and exit from its territory of persons, material, data and equipment involved in or used in cooperative activities identified by the Parties under the provisions of this Agreement. Article 9 Diffusion and utilisation of information Article 10 Territorial application This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, and, on the other hand, to the territory of the Argentine Republic. Article 11 Entry into force, termination and dispute settlement (a) This Agreement shall enter into force on the date of the last of the written communications through which the their respective Parties have notified each other that internal procedures necessary for its entry into force have been completed. (b) This Agreement shall be concluded for an initial period of five years and may be tacitly renewed after evaluation during the penultimate year of each successive five-year period. (c) This Agreement may be amended by agreement of the Parties. Amendments shall enter into force under the same conditions as those defined in paragraph (a). (d) This Agreement may be terminated at any time by either Party upon six months' written notice via diplomatic channels. The expiration or termination of this Agreement shall not affect the validity or duration of any arrange- ments made under it, or any specific rights and obliga- tions that have accrued in compliance with the Annex. The research entities established in Argentina which are involved in Community RTD projects shall follow, as regards the ownership, the diffusion and the utilisation of information (e) All questions or disputes related to the interpretation or this Agreement shall be settled by implementation of mutual agreement of the Parties. 11. 1. 2000 EN Official Journal of the European Communities L 6/35 In witness whereof, the undersigned, being duly authorised thereto, have signed this Agreement. Done at Brussels on twentieth september nineteen ninety-nine, in duplicate, in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, with each text being equally authentic. For the European Community For the Argentine Republic L 6/36 EN Official Journal of the European Communities 11. 1. 2000 ANNEX INTELLECTUAL PROPERTY RIGHTS This Annex is an integral part of the ‘Agreement for scientific and technological cooperation between the European Community and the Argentine Republic’, hereinafter referred to as ‘the Agreement’. Rights to intellectual property created or furnished under the Agreement shall be allocated as provided in this Annex. I. Application This Annex is applicable to joint research undertaken pursuant to the Agreement, except as otherwise agreed by the Parties. II. Ownership, allocation and exercise of rights 1. For purposes of this Annex ‘intellectual property’ (IP) is defined in Article 2(c) of the Agreement. 2. This Annex addresses the allocation of rights and interests of the Parties and their participants. Each Party and its participants shall ensure that the other Party and its participants may obtain the rights to intellectual property allocated to it in accordance with this Annex. This Annex does not otherwise alter or prejudice the allocation of rights, interests and royalties between a Party and its nationals or participants, which shall be determined by the laws and practices applicable to each Party. 3. The Parties shall also be guided by and contractual arrangements should provide for the following principles: (a) effective protection of intellectual property. The Parties shall ensure that they and/or their participants notify one another within a reasonable time of the creation of any intellectual property arising under the Agreement of implementation arrangements and to seek protection for such intellectual property in a timely fashion; (b) effective exploitation of results, taking into account the contributions of the Parties and their participants; (c) non-discriminatory treatment of participants from the other Party as compared with the treatment given to its own participants; (d) protection of Business-Confidential information. 4. The participants shall jointly develop a technology management plan (TMP) in respect of the ownership and use, including publication of information and intellectual property to be created in the course of joint research. The TMP shall be approved by the responsible funding agency or department of the Party involved in financing the research, before the conclusion of the specific research and development cooperation contracts to which they are attached. The TMP shall be developed within the rules and regulations in force at each Party taking into account the aims of the joint research, the relative financial or other contributions of the Parties and participants, the advantages and disadvantages of licensing by territory or for fields of use, the transfer of export-controlled data, goods or services, requirements imposed by the applicable laws and other factors deemed appropriate by the participants. The rights and obligations concerning the research generated by visiting researchers (i. e. researchers not coming from a Party or a participant) in respect of IP shall also be addressed in the joint technology management plans. The TMP is a specific agreement to be concluded between the participants about the implementation of joint research and the respective rights and obligations of the participants. With respect to IP, the TMP will normally address, among other things, ownership, protection, user rights for research and development purpose, exploitation and dissemination, including arrangements for joint publication, the rights and obligations of visiting researchers and dispute settlement procedures. The TMP may also address licensing and deliverables. foreground and background information, 5. Information or IP created in the course of joint research and not addressed in the technology management plan shall be allocated, with the approval of the Parties, according to the principles set out in the TMP. In case of disagreement, such information or IP shall be owned jointly by all the participants involved in the joint research from which the information or IP results. Each participant to whom this provision applies shall have the right to use such information or IP for his own commercial exploitation with no geographical limitation. 6. Each Party shall ensure that the other Party and its participants may have the rights to IP allocated to them in accordance with these principles. 11. 1. 2000 EN Official Journal of the European Communities L 6/37 7. While maintaining the condition of competition in areas affected by the Agreement, each Party shall endeavour to ensure that rights acquired pursuant to the Agreement and arrangements made under it are exercised in such a way as to encourage, in particular: (i) the dissemination and use of information created, disclosed or otherwise made available, under the Agreement, and (ii) the adoption and implementation of international standards. 8. Termination or expiry of the Agreement shall not affect rights or obligations under this Annex. III. Copyright works and scientific literary works Copyright belonging to the Parties or to their participants shall be accorded treatment consistent with the Berne Convention (Paris Act 1971 ). Copyright protection shall extend to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such. Limitations or exceptions to exclusive rights will be confined to certain special cases which do not conflict with a normal exploitation of the work and do not reasonably prejudice the legitimate interests of the right holder. Without prejudice to Section II, and unless otherwise agreed in the TMP, publication of results of research shall be made jointly by the Parties or participants to that joint research. Subject to the foregoing general rule, the following procedures shall apply: 1. In the case of publication by a Party or public bodies of that Party of scientific and technical journals, articles, reports, books, including video and software arising from joint research pursuant to the Agreement, the other Party shall be entitled to a world-wide, non-exclusive, irrevocable, royalty-free licence to translate, reproduce, adapt, transmit and publicly distribute such works. 2. The Parties shall ensure that literary works of a scientific character arising from joint research pursuant to the Agreement and published by independent publishers shall be disseminated as widely as possible. 3. All copies of a copyright work to be publicly distributed and prepared under this provision shall indicate the names of the author(s) of the work unless an author explicitly declines to be named. They shall also bear a clearly visible acknowledgement of the cooperative support of the Parties. IV. Inventions, discoveries and other scientific and technological achievements Inventions, discoveries and other scientific and technological achievements created under cooperative activities between the Parties themselves shall be owned by the Parties unless otherwise agreed by the Parties. V. Undisclosed information A. Documentary undisclosed information 1. Each Party, its agencies or its participants, as appropriate, shall identify at the earliest possible moment and preferably in the TMP the information that they wish to remain undisclosed in relation to the Agreement, taking into account inter alia the following criteria: (a) secrecy of the information in the sense that it is not, as a body or in the precise configuration or assembly of its components, generally known among or readily accessible by lawful means to experts in the fields; (b) the actual or potential commercial value of the information by virtue of its secrecy; (c) previous protection of the information in the sense that it has been subject to steps that were reasonable under the circumstances by the person lawfully in control, to maintain its secrecy. The Parties and their participants may in certain cases agree that, unless otherwise indicated, parts or all of the information provided, exchanged or created in the course of joint research pursuant to the Agreement may not be disclosed. 2. Each Party shall ensure that it and its participants clearly identify undisclosed information, for example by means of an appropriate marking or restrictive legend. This also applies to any reproduction of the said information, in whole or in part. A Party receiving undisclosed information pursuant to the Agreement shall respect the privileged nature thereof. These limitations shall automatically terminate when this information is disclosed by the owner into the public domain. 3. Undisclosed information communicated under the Agreement may be disseminated by the receiving Party to persons within or employed by the receiving Party and other concerned departments or agencies in the receiving Party authorised for the specific purposes of the joint research under way, provided that any undisclosed information so disseminated shall be pursuant to an agreement of confidentiality and shall be readily recognisable as such, as set out above. L 6/38 EN Official Journal of the European Communities 11. 1. 2000 4. With the prior written consent of the Party providing undisclosed information, the receiving Party may disseminate such undisclosed information more widely than otherwise permitted in paragraph 3. The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party will grant such approval to the extent permitted by its domestic policies, regulations and laws. B. Non-documentary undisclosed information Non-documentary undisclosed or other confidential information provided in seminars and other meetings arranged under the Agreement, or information arising from the attachment of staff, use of facilities, or joint projects, shall be treated by the Parties or their participants according to the principles specified for documentary information in the Agreement; provided, however, that the recipient of such undisclosed or other confidential or privileged information has been made aware of the confidential character of the information communicated at the time such communication is made. C. Control Each Party shall endeavour to ensure that undisclosed information received by it under the Agreement shall be controlled as provided herein. If one of the Parties becomes aware that it will be, or may be reasonably expected to become, unable to meet the non-dissemination provisions of Sections A and B, it shall immediately inform the other Party. The Parties shall be thereafter consulted to define an appropriate course of action