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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 Whole document 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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