AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE ITALIAN REPUBLIC ON SCIENTIFIC AND TECHNOLO- GICAL CO-OPERATION
AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE ITALIAN REPUBLIC ON SCIENTIFIC AND TECHNOLO- GICAL CO-OPERATION
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The Government of the People's Republic of China and the Government
of Italian Republic hereinafter referred to as the Parties.
-RECOGNIZING that scientific and technological co-operation, based
on the principle of reciprocity, has benefited the peoples of both
Countries and has strengthened the friendship between them,
-CONVINCED that bilateral co-operation in science and technology is
an important component of their relations and contributes to the
economic and social development of both Countries,
-CONSIDERING the positive experience of the ongoing scientific and
technological relations between the two Countries and recognizing the
need for their expansion,
-RESOLVING to undertake renewed efforts to develop and expand this
co-operation,
Have agreed as follows:
ARTICLE I
The Parties, in conformity with national laws and obligations
resulting from the Agreements and International Conventions undersigned
by each Country, shall undertake to promote the development of
scientific and technological co-operation in areas of mutual interests
on equal basis and to reciprocal advantage.
ARTICLE II
Taking into account the priorities of the respective Countries in
the fields of Science and Technology, the Parties shall contribute to
the development of co-operation as foreseen in Article 1 of this
Agreement with particular reference to the following areas:
-Agriculture, fishery, husbandry and food;
-Earth sciences, meteorology and oceanography;
-Basic sciences (chemistry, physics, mathematics etc.);
-Information technologies;
-Energy and environment;
-Advanced materials and superconductors;
-Space and astronomy;
-Health, biomedicine and biotechnology;
-Engineering and telecommunications;
-Technologies applied to the protection and conservation of cultural
heritage;
-Any other sector to be agreed upon by the Parties.
ARTICLE III
The scientific and technological co-operation within this Agreement
will be carried out as follows:
a) exchange of experts, scientists and researchers;
b) exchange of scientific and technical information;
c) transfer of scientific and technical knowledge and experience;
d) scientific and technological research projects and other joint
activities;
e) technological development and demonstration projects;
f) establishment of joint research centers, laboratories and
research teams;
g) organization of seminars, workshops, conferences, and exhibitions
in the areas of mutual interests;
h)training courses;
i)translation of scientific texts and publications;
j)any other forms of co-operation that may be agreed upon by the
Parties.
ARTICLE IV
1. Matters related to expenses for carrying out this Agreement shall
be settled separately in the co-operation programs to be agreed upon by
the Parties.
2. The Parties shall encourage and facilitate, where appropriate,
the development of direct contacts and co-operation between other
ministries, local governments, agencies, scientific academies,
universities, research centers and enterprises of the two Countries.
3. Specific understandings may be concluded in the areas of
scientific and technological co-operation foreseen by this Agreement.
These agreements shall cover, as appropriate, matters of co-operation,
procedures, financial arrangements and other relevant issues.
ARTICLE V
1. The Parties shall foster joint Italian and Chinese participation
to the programs of the European Union and of any other multilateral
Organization.
2. The Parties shall promote the realization of joint projects,
which may be pursued in conjunction with other international programs,
and favour the inclusion of science and research organizations,
scientists and specialists of both Countries in the implementation of
those programs.
ARTICLE VI
1. In order to implement this Agreement in an effective way, the
Parties shall entrust the Joint Committee for Science and Technology
(thereafter referred to as the Joint Committee) to co-ordinate and
review co-operative activities carried on under this Agreement. If
necessary, Sub-Committees can be established in order to supervise and
monitor the bilateral co-operation in specific sectors. The
Sub-Committees will report to the Joint Committee.
The Joint Committee and the Sub-Committee will meet on a regular
basis at least every two years in Italy and in China to decide the
co-operative programs for the next two years, except otherwise
established by the Parties.
2. The Scientific Offices of the two Embassies shall keep frequent
contacts with the Authorities of the other Party both to promote the
implementation of the programs and the establishment of new bilateral
and multilateral co-operation in science and technology.
ARTICLE VII
Each Party shall:
FACILITATE the entry into and exit from its territory of appropriate
personnel and equipment of the other Party needed for the implementation
of projects and programs foreseen by this Agreement;
PROMOTE the organization of programs for joint activities, meetings,
site-visits;
FACILITATE the duty free entry for materials and equipment needed
for the implementation of joint activities.
ARTICLE VIII
Provisions for the protection and distribution of intellectual
property created or furnished in the course of co-operative activities
under this Agreement are included in the Annex l, which constitutes and
integral part of this Agreement.
ARTICLE IX
1. On the date of entry into force of this Agreement, the Agreement
between the Government of the People's Republic of China and the
Government of the Italian Republic on scientific and technological
co-operation signed in Rome October 6, 1978 shall be terminated.
2. Any Agreement or implementing arrangements referred to the
Agreement of 1978 shall remain in force until the end of their duration.
ARTICLE X
1. This Agreement shall enter into force after the date of reception
of the last notification by which two Parties have informed each other
on the fulfillment of their respective internal procedures and shall
remain in force for five years. It will be automatically extended for
another five-year period and will thereafter be renewed accordingly,
unless either Party notifies the other in writing three months prior to
the expiration of the ongoing five-year period of its wish to terminate
the Agreement.
2. The Parties may amend the Agreement through diplomatic channels.
3. Projects or programs undertaken under any prior Agreement or
implementing arrangement which have not been completed at the time of
entry into force of this Agreement may continue under their terms as
originally agreed and shall not be affected by this Agreement.
4. The termination of this Agreement shall not affect the completion
of any project or program undertaken under this Agreement or any of its
implementing arrangements, which have not been completed at the time of
the termination of this Agreement.
DONE at Beijing, in two originals, this 9 day of June 1998, in the
Chinese, Italian and English languages, all texts being equally
authentic.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
PEOPLE'S REPUBLIC OF CHINA ITALIAN REPUBLIC
Mme. Deng Nan Sen. Patrizia Toia
PROVISIONS FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
The Parties shall ensure adequate and effective protection of
intellectual property created or furnished under the Agreement and
relevant implementing arrangements. The Parties agree to notify one
another in a timely fashion of any event relating to the intellectual
property, in particular; inventions industrial specimens, new varieties
of plants, copyrighted works, arising under this Agreement and to seek
protection for such intellectual property in conformity with the
national laws. Rights to such intellectual property shall be allocated
as provided in this Annex 1.
1. SCOPE
1.1 This Annex I is applicable to all cooperative activities
undertaken pursuant to this Agreement, except as otherwise specifically
agreed by the Parties or their designees.
1.2 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, with the addition of the rights on the new varieties of plants.
1.3 This Annex I deals with the allocation or 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 l, by obtaining those rights from its own
participants through contracts or other legal means, if necessary. This
Annex l 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.
1.4 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.
1.5 Termination or expiration of this Agreement shall not affect
rights or obligations under this Annex l.
2. ALLOCATION OF RIGHTS
2.1 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.
2.2 Rights to all forms of intellectual property, other than those
rights described in section 2.1 above, shall be allocated as follows:
2.2.1 Visiting researchers, scientists visiting primarily in
furtherance of their education, shall receive treatment with regard to
intellectual property rights under the policies of the host institution
as applied to the nationals of the Country to which the institution
belongs. In addition, each visiting researcher named as an inventor
shall be entitled to national host Country treatment with regard to any
royalties prizes and any other advantages (thus earned).
2.2.2 For intellectual property created during joint research, each
participant shall share in the costs and benefits, as in their
respective Countries, unless otherwise established by two Parties. The
share of rights and royalties with third Countries is established
through the Management Plan concerning the activities in common. This
management plan shall consider the relative economic, scientific and
technological contributions of each participants to the intellectual
property event. If the research has not been defined as joint research
in the respective agreements, the intellectual property rights will be
shared as in 2.2.1. Besides, the people named as inventors or authors
shall be entitled to national treatment, as foreseen in the host
organization's regulations as far as prizes and royalties or other
benefits are concerned.
2.2.3 Apart from point 2.2.2. above, if a kind of intellectual
property is foreseen in one Party's legislation and not in the other's
the participant from a Country where such rights are protected shall
share in all the royalties and rights as in all the Countries where such
rights are granted. The people named as inventors or authors for such a
kind of intellectual property shall be entitled to national treatment of
the Party where such intellectual property rights are protected as far
as prizes, royalties and other benefits are concerned as in point 2.2.2.
3. 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".
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