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European Communities International Agreements |
Agreement for cooperation between the European Atomic Energy Community represented by the Commission of the European Communities and
the Government of the Republic of Korea in the field of fusion energy research
Official Journal L 154 , 11/06/2011 P. 2 - 8
Agreement for cooperation between the European Atomic Energy Community represented by the Commission of the European Communities and the Government of the Republic
of Korea in the field of fusion energy research The European Atomic Energy Community (Euratom), represented by the Commission of the European Communities, and the Government of the
Republic of Korea (hereinafter referred to collectively as "the Parties"); WHEREAS in the Framework Agreement for Trade and Cooperation between the European Community and its Member States on the one hand,
and the Government of the Republic of Korea on the other hand on 28 October 1996, the Parties undertake to promote cooperation in
the field of energy and the protection of the environment, and, in particular, to develop new and renewable forms of energy; and DESIRING to continue to promote the development of fusion energy as a potentially environmentally acceptable, economically competitive,
and virtually limitless source of energy, HAVE AGREED AS FOLLOWS: Article I Objective The objective of this Agreement is to intensify cooperation between the Parties in the areas covered by their respective fusion programmes,
on the basis of mutual benefit and overall reciprocity, in order to develop the scientific understanding and technological capability
underlying a fusion energy system. Article II Areas of cooperation The areas of cooperation under this Agreement may include the following: (a) tokamaks, including the large projects of the present generation and activities related to those of the next generation; (b) alternatives to tokamaks; (c) magnetic fusion energy technology; (d) plasma theory and applied plasma physics; (e) programme policies and plans; and (f) other areas as mutually agreed upon in writing by the Parties in so far as they are covered by their respective programmes. Article III Forms of cooperation 1. The forms of cooperation under this Agreement may include, but are not limited to, the following: (a) exchange and provision of information and data on scientific and technical activities, developments, practices and results, and
on programme policies and plans, including the exchange of undisclosed information under the terms and conditions set out in Articles
VI and VII; (b) exchange of scientists, engineers and other specialists for agreed periods of time in order to participate in experiments, analysis,
design and other research and development activities in accordance with Article VIII; (c) organisation of seminars and other meetings to discuss and exchange information on agreed topics in the areas listed in Article
II, and to identify cooperative activities which may be usefully undertaken in accordance with Article V; (d) exchange and provision of samples, materials, equipment (instruments and components) for experiments, testing and evaluation in
accordance with Articles IX and X; (e) execution of joint studies, projects or experiments including their joint design, construction and operation; (f) establishment of data links such as, but not limited to, remote data analysis tools; and (g) other specific forms of cooperation as mutually agreed by the Parties in writing. 2. The Parties shall coordinate the activities, as appropriate, under this Agreement, with other international fusion research and
development activities, in order to minimise duplication of effort. Nothing in this Agreement shall be construed to prejudice existing or future arrangements for cooperation between the Parties. Article IV Coordinating Committee and Executive Secretaries 1. The Parties shall establish a Coordinating Committee to coordinate and supervise the conduct of activities under this Agreement.
Each Party shall appoint an equal number of members to the Coordinating Committee and nominate one of its appointed members as the
Head of its Delegation. The Coordinating Committee shall meet annually, alternately in the Republic of Korea and in the European
Union, or at other agreed times and places. The Head of the Delegation of the receiving Party shall chair the meeting. 2. The Coordinating Committee shall review the progress and plans of activities under this Agreement, and propose, coordinate and
approve future cooperative activities that are within the scope of this Agreement with regard to their technical merit and level
of effort to ensure mutual benefit and overall reciprocity within the Agreement. 3. All decisions of the Coordinating Committee shall be taken by consensus. 4. Each Party shall nominate an Executive Secretary to act on its behalf during periods between meetings of the Coordinating Committee
in all matters concerning cooperation under this Agreement. The Executive Secretaries shall be responsible for the day-to-day management
of the cooperation. Article V Implementation 1. Each Party shall designate appropriate entities for the implementation of activities under this Agreement. 2. When the Coordinating Committee approves a cooperative activity, it shall approve, where necessary, a project plan under this Agreement
and subject to its terms. 3. Each project plan shall list the entities designated to implement the project, and include detailed provisions for the implementation
of the cooperative activity, including but not limited to its technical scope and management, the applicable decontamination responsibilities,
exchange of undisclosed information, exchange of equipment, treatment of intellectual property, total costs, cost-sharing and its
schedule, as appropriate. Article VI Availability and dissemination of information 1. Subject to its applicable laws and regulations and to the provisions of this Agreement, each Party and its designees shall undertake
to make freely available to the other Party and its designees any information at its disposal which is required for the execution
of collaborative activities under this Agreement. 2. The Parties and their designees shall support the widest possible dissemination of information which they have the right to disclose,
and which is either developed jointly or intended to be provided or exchanged pursuant to this Agreement, subject to the need to
protect undisclosed information and the need to protect intellectual property created or furnished under this Agreement. 3. Information transmitted by one Party to the other Party under this Agreement shall be accurate to the best knowledge and belief
of the transmitting Party, but the transmitting Party does not warrant the suitability of the information transmitted for any particular
use or application by the receiving Party or by any third party. Information developed jointly by the Parties shall be accurate to
the best knowledge and belief of both Parties. Neither Party warrants the accuracy of the jointly developed information or its suitability
for any particular purpose, use or application by either Party or by any third party. Article VII Intellectual property The protection and allocation of intellectual property created or furnished in the course of cooperative activities under this Agreement
shall be governed by the provisions in Annex A, which shall form an integral part of this Agreement and shall apply to all activities
conducted under this Agreement. Article VIII Exchanges of personnel The following provisions shall apply concerning exchanges of personnel between the Parties or their designees under this Agreement: (a) each Party shall ensure the selection of qualified personnel with the skills and competence necessary to conduct the activities
planned under this Agreement. Each such exchange of personnel shall be mutually agreed in advance by an Exchange of Letters between
the Parties, referencing this Agreement and its pertinent intellectual property provisions as well as the cooperative activity concerned; (b) each Party shall be responsible for the salaries, insurance, and allowances to be paid to its exchanged personnel; (c) the sending Party shall pay for the travel and living expenses of its exchanged personnel staying at the host establishment, unless
otherwise agreed; (d) the receiving Party shall arrange for adequate accommodations for the other Party’s exchanged personnel (and their families
forming part of their household) on a mutually agreeable, reciprocal basis; (e) the receiving Party shall provide all necessary assistance under its relevant laws and regulations to the exchanged personnel
of the other Party regarding administrative formalities (e.g. acquiring visas); (f) each Party shall ensure that the exchanged personnel abide by the general rules regarding work and safety regulations in force
at the host establishment; (g) each Party may, at its own expense, observe specific test activities and analytical work of the other Party in the areas of cooperation
defined in Article II. Such observation may be carried out by visits of personnel, subject to the prior agreement of the receiving
Party on each occasion. Article IX Exchanges of equipment, samples, etc. In the event equipment, instruments, samples, materials or necessary spare parts (hereinafter referred to as "the equipment, etc.")
are to be exchanged, loaned or supplied by one Party or its designees to the other or its designees, the following provisions shall
apply covering the shipment and use of the equipment, etc.: (a) the sending Party shall supply as soon as possible a detailed list of the equipment, etc., to be provided, with the relevant specifications
and technical and informational documentation; (b) the equipment, etc. supplied by the sending Party shall remain its property and shall be returned to the sending Party on a date
to be determined by the Coordinating Committee unless otherwise agreed in the project plan referred to in Article V; (c) the equipment, etc. shall be brought into operation at the host establishment only by mutual agreement between the Parties; and (d) the receiving Party shall provide the necessary premises for the equipment, etc. and shall provide for electrical power, water,
gas, etc., in accordance with technical requirements, which shall be mutually agreed by the Parties. Article X General provisions 1. Each Party shall conduct the activities provided for in this Agreement subject to its applicable laws and regulations, and shall
provide resources subject to the availability of appropriated funds. 2. Unless otherwise specifically agreed in writing by the Parties, all costs resulting from cooperation under this Agreement shall
be borne by the Party that incurs them. 3. All questions of interpretation or implementation relating to this Agreement arising during its term shall be resolved by agreement
of the Parties. 4. This Agreement shall apply, in so far as Euratom is concerned, to the territories to which the Treaty establishing Euratom applies
and to the territories of the countries participating in the Euratom fusion programme as fully associated third States. Article XI Duration, amendment and termination 1. This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their respective
internal procedures necessary for its entry into force have been completed, and shall remain in force for five (5) years. Unless
one Party notifies the other Party in writing of its intention to terminate this Agreement at least six months before its expiration,
this Agreement shall be extended automatically for additional periods of five (5) years. 2. This Agreement may be amended by written agreement of the Parties. 3. All joint efforts and experiments not completed at the termination or expiration of this Agreement may be continued until their
completion under the terms of this Agreement. 4. This Agreement and any project plan hereunder may be terminated at any time at the discretion of either Party upon six (6) months’
advance notification in writing by the Party seeking to terminate this Agreement or project plan. Such termination shall be without
prejudice to the rights that may have accrued under this Agreement or project plan to either Party up to the date of the termination. 5. This Agreement is drawn up in duplicates in 21 languages (Korean, Danish, Dutch, English, Finnish, French, German, Greek, Italian,
Portuguese, Spanish, Swedish, Czech, Estonian, Hungarian, Lithuanian, Latvian, Maltese, Polish, Slovak and Slovenian). English and
Korean shall be the authentic languages. In witness whereof, the undersigned, being duly authorised thereto, have signed this Agreement. Done at Brussels on the twenty-second day of November in the year two thousand and six, in two copies, in the English and Korean languages. +++++ TIFF +++++ FOR THE EUROPEAN ATOMIC ENERGY COMMUNITY REPRESENTED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES +++++ TIFF +++++ +++++ TIFF +++++ FOR THE GOVERNMENT OF THE REPUBLIC OF KOREA +++++ TIFF +++++ +++++ TIFF +++++ -------------------------------------------------- ANNEX A INTELLECTUAL PROPERTY RIGHTS Rights to intellectual property created or furnished under this Agreement shall be allocated as follows: I. Application This Annex is applicable to all cooperative activities undertaken pursuant to this Agreement, except as otherwise specifically agreed. II. Ownership, allocation and exercise of rights A. For purposes of this Agreement "intellectual property" shall have the meaning found in Article 2 of the Convention establishing
the World Intellectual Property Organisation, done at Stockholm, 14 July 1967. B. This Annex addresses the allocation of rights, interests and royalties between the Parties. Each Party shall ensure that the other
Party 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 such rights, interests and royalties between a Party and its nationals, which shall be determined
by that Party’s laws and practices. C. The termination or expiry of this Agreement shall not affect the rights or obligations arising under this Annex. D. (1) In the case of cooperative activities between the Parties, intellectual property arising from joint research, i.e. research
supported by both Parties, shall be treated in a technology management plan (TMP) according to the following principles: (a) The Parties shall notify each other within a reasonable time of any intellectual property rights arising under this Agreement
(or relevant implementing arrangements). (b) Unless otherwise agreed, rights and interests in intellectual property created during joint research shall be exploitable by either
Party without territorial restriction. (c) Each Party shall seek protection for the intellectual property to which it obtains rights and interests under the TMP in a timely
fashion. (d) Each Party shall have a non-exclusive, irrevocable, royalty-free licence to use any intellectual property arising under this Agreement
for research purposes only. (e) Visiting researchers having participated in the creation of intellectual property shall receive intellectual property rights and
royalty shares earned by the host institutions from licensing of such intellectual property rights under the policies of the host
institutions. Each Party shall accord to the visiting researchers no less favourable treatment than that it accords to its own nationals
with regard to the grant of the aforementioned intellectual property rights and royalty shares. In addition, each visiting researcher
named as an inventor shall be entitled to treatment as a national of the host Party with regard to awards, bonuses, benefits, or
any other rewards, in accordance with the policy of the host institution and the respective laws of the Parties applicable thereto. (2) In the case of cooperative activities other than joint research which falls within the provisions of paragraph II.D(1), to the
extent required by its laws and regulations, each Party shall require all its participants to enter into specific agreements concerning
the implementation of joint research activities and the respective rights and obligations of the participants. With respect to intellectual
property, the agreements will normally address, among other things, ownership, protection, user rights for research purposes, exploitation
and dissemination, including arrangements for joint publication, the rights and obligations of visiting researchers and dispute settlement
procedures. The agreements may also address other issues such as access to foreground and background information, licensing and deliverables. E. While maintaining the conditions of competition in areas affected by this Agreement, each Party shall endeavour to ensure that
rights acquired pursuant to this Agreement and arrangements made under it are exercised in such a way as to encourage, in particular,
(i) the use of information created, or otherwise made available, under this Agreement and its dissemination in so far as this is
in accordance both with the conditions set out in this Agreement, the provisions of Section IV hereof and any rules which may be
in force under the Parties’ domestic laws governing the treatment of sensitive or confidential information in the nuclear field,
and (ii) the adoption and implementation of international standards. III. Copyright works In accordance with the terms of this Agreement, copyright belonging to the Parties shall be accorded treatment consistent with the
Agreement on Trade-Related Aspects of Intellectual Property Rights administered by the World Trade Organisation. IV. Scientific literary works Subject to the treatment provided for undisclosed information in Section V, the following procedures shall apply: A. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free licence in all countries to translate, reproduce and
publicly distribute information contained in scientific and technical journals, articles, reports, books, or other media, directly
arising from joint research pursuant to this Agreement by or on behalf of the Parties. B. 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. They shall also bear a clearly visible acknowledgment of the cooperative
support of the Parties. V. Undisclosed information A. Documentary undisclosed information (1) Each Party shall identify at the earliest possible moment the information that they wish to remain undisclosed in relation to
this Agreement, taking account, inter alia, of the following criteria: (a) the information is secret in the sense that it is not, as a body or in the precise configuration or assembly of its components,
generally known or readily accessible by lawful means; (b) the information has actual or potential commercial value by virtue of its secrecy; and (c) the information has been subject to steps that were reasonable under the circumstances by the person lawfully in control, to maintain
its secrecy. The Parties 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 this Agreement may not be disclosed. (2) Each Party shall ensure that undisclosed information under this Agreement and its ensuant privileged nature is readily recognisable
as such by the other Party, 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 or participant receiving undisclosed information pursuant to this agreement shall respect the privileged nature thereof. These
limitations shall automatically terminate when this information is disclosed by the owner without restriction. (3) Undisclosed information communicated under this Agreement may be disseminated by the receiving Party to persons employed by the
receiving Party, including its contractors and other concerned departments of the Party authorised for the specific purposes of the
joint research underway, on a need-to-know basis and provided that any undisclosed information so disseminated shall be protected
in accordance with this Annex and to the extent provided by each Party’s laws and regulations, and shall be readily recognisable
as such, as set out above. B. Non-documentary undisclosed information Non-documentary undisclosed or other confidential or privileged information provided in seminars and other meetings arranged under
this Agreement, or information arising from the attachment of staff, use of facilities, or joint projects, shall be treated by the
Parties or their designees according to the principles specified for documentary information in this Agreement, provided, however,
that the recipient of such undisclosed or other confidential or privileged information has been made aware in writing of the confidential
character of the information communicated not later than the time such a communication is made. C. Control Each Party shall endeavour to ensure that undisclosed information received by it under this 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 paragraphs A and B above, it shall immediately inform the other Party. The Parties shall thereafter consult to define
an appropriate course of action. VI. Dispute settlement and new types and unforeseen intellectual property A. Disputes between the Parties concerning intellectual property shall be resolved in accordance with Article X(3) of this Agreement. However, upon mutual agreement of the Parties, such a dispute may be submitted to an international arbitral tribunal for binding arbitration
in accordance with the applicable rules of international law. Unless otherwise agreed, the arbitration rules of Uncitral shall govern. B. In the event either Party concludes that a new type of intellectual property not covered in a TMP or agreement between designated
entities may result from a cooperative activity undertaken pursuant to this Agreement, or if other unforeseen difficulties arise,
the Parties shall enter into immediate discussions with the object of assuring that the protection, exploitation and dissemination
of the intellectual property in question are adequately provided for in their respective territories. --------------------------------------------------
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