TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-920

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SCIENTIFIC AND TECHNOLOGICAL COOPERATION

Agreement Between the 

UNITED STATES OF AMERICA

and the UNITED KINGDOM OF

GREAT BRITAIN AND 

NORTHERN IRELAND

Signed at Washington September 20, 2017 

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.”
 UNITED KINGDOM OF GREAT BRITAIN

 AND NORTHERN IRELAND 

 

 Scientific and Technological Cooperation

 Agreement signed at Washington September 20, 2017;

 Entered into force September 20, 2017.

 With annexes.
Agreement Between 


the Government of the United States of America and the 


Government of the United Kingdom of Great Britain and 


Northern Ireland on Scientific and Technological Cooperation 


The Government ofthe United States of America and the Government of the 

United Kingdom of Great Britain and Northern Ireland (hereinafter referred 

to as "the Parties"); 

Convinced that elevating international cooperation across scientific research, , 

technology and innovation will strengthen the bonds of friendship and 

understanding between their peoples and will advance both countries; 

Recognizing the successful scientific research cooperation which has 

developed over many years between the two countries; 

Recognizing the value of open data for scientific research, technological 

cooperation, and evidence-based decision-making; 

Committing to make every effort to create inclusive scientific research I 

.I 

communities that promote under-represented groups such as women and 

ethnic minorities; 

Considering scientific research and technological cooperation is an 

important condition for the development of national economies and a basis 

for expanded trade, and 

Intending to strengthen their economic cooperation through specific and 

advanced technology applications; 

Have reached the following agreement: 
··----------------------------------­ i 

' ' I 

Article I 

1. 	 The Parties shall develop, support, and facilitate cooperation across 

scientific research (for the avoidance of doubt scientific research includes 

research concerning the Social Sciences and the Arts & Humanities and 

all subsequent references to scientific research in this Agreement should 

be interpreted accordingly) and technological cooperation between their 

two countries on the basis of the principles of equality, reciprocity, and 

mutual benefit. Such cooperation may include basic research, applied 

research, innovation, engineering, higher education, and scientific human 

resource capacity, as well as other scientific research and technological 

areas in which they may subsequently decide to co-operate. 

2. 	 Cooperative activities under this Agreement may include but are not 

limited to coordinated programs and joint research projects, studies, and 

investigations, joint scientific courses, workshops, training and mobility 

of scientists and technical experts, conferences, and symposia, and the 

exchange of scientific research and technological information and 

documentation in the context of cooperative activities. 

Article II 

Scientific and technological cooperation pursuant to this Agreement shall be 

subject to the applicable national laws and regulations ofthe Parties in 

accordance with the laws and regulations of each Party. 

Article III 

I 

The scientific research and technological cooperation described in Article I ' I shall be carried out through implementing arrangements concluded between I the Parties, each of which will describe the nature and extent ofthe 

. I ! 

respective cooperation, and any procedures to be followed, funding, 


allocation of costs, and other relevant matters. 

Article IV 

Each Party shall, in accordance with its national laws and regulations, seek 

to facilitate: 

1. 	 prompt and efficient entry into and exit from its territory, as well as 

domestic travel and work of persons participating in cooperative 

activities under this Agreement, and 

2. prompt and efficient entry into and exit from its territory of 

appropriate equipment, instrumentation, research platforms, materials, 

supplies, samples, data, and project information directly related to 

cooperative activities under this Agreement. 

Equipment provided by the sending Party for carrying out joint activities 

shall be considered scientific and not having a commercial character, and the 

receiving Party shall work toward obtaining duty free entry for such 

equipment. 

Article V 

Provisions for the protection and distribution of intellectual property created, 

developed or furnished in the course of cooperative activities under this 

Agreement are set out in Annex I. 

Article VI 

Provisions for security of information and transfer oftechnology are set out 

in Annex II. The Annexes to this Agreement, including any which may 

subsequently be added to it by the Parties in accordance with paragraph 4 of 

Article XI below, are integral parts ofthis Agreement. 

Article VII 

1. 	 Scientific research and technological information of a non-proprietary 

nature derived from the cooperative activities under this Agreement shall 

be made available, unless otherwise specified in writing in the respective 

implementing arrangement (as described in Article III above) to the 

world scientific community in accordance with this Agreement, and 

through customary channels, and, in line with the normal customs and 
practices ofthe agencies which are involved in the respective cooperation. 

2. As far as reasonably practicable, and consistent with any applicable laws 

and policies, the Parties shall work toward faeilitating the free and open 

exchange of data, as a result of cooperative activities under this 

Agreement, for the benefit of industry, and the scientific research 

community, and the wider public. 

Article VIII 

Scientists, technical experts, and institutions ofthird countries or· 

international organizations may be invited, jointly by the Parties, to 

participate in activities being carried out under this Agreement. The cost of 

such participation shall normally be borne by the invited third party unless 

specified otherwise in writing by both Parties. 

Article IX 

The provisions ofthis Agreement will not prejudice or influence any other 

arrangements for scientific research and technological cooperation between 

any cooperating agencies ofthe two countries which have been, or may be, 

put in place independently ofthis Agreement. 

Article X 

1. 	 Each Party shall designate an Executive Agent for the purposes of this 

Agreement. The Executive Agent shall be the Department of State for 

the United States ofAmerica, and the Department for Business, Energy 

and Industrial Strategy for the United Kingdom of Great Britain and 

Northern Ireland. 

2. 	 The Executive Agents shall collaborate closely to promote proper 

implementation of all activities and programs. The Executive Agent 

shall be responsible for coordinating the participation by its side in any 

implementing arrangements. After an implementing arrangement is 

concluded, cooperation under the respective arrangements shall be 

undertaken by cooperating agencies. 
Article XI 

1. 	 This Agreement shall enter into force on the date of signature. 

2. 	 This Agreement shall remain in force for ten years, and it shall be 

automatically extended for consecutive periods often ( 10) years unless 

terminated in accordance with paragraph 3 below. 

3. 	 Either Party may terminate this Agreement at any time on 90 days' 

written notice to the other Party. Unless otherwise agreed by the Parties, 

the termination ofthis Agreement shall not affect ongoing cooperative 

activity undertaken under this Agreement. 

4. 	 The Parties may together at any time in writing amend or vary this 

Agreement through customary diplomatic channels. 

IN WITNESS WHEREOF, the undersigned, being duly authorized by their 

respective Governments, have signed this Agreement. . 

DONE in duplicate at Washington, on the 20th day of September in the year 

2017 in the English language. 

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF 

THE UNITED STATES OF THE UNITED KINGDOM OF 

AMERICA GREAT BRITAIN AND 

NORTHERN IRELAND 

fofv~ln/ 
Annex I 


Intellectual Property Rights 


I. General Obligation 

The Parties shall ensure adequate and effective protection of intellectual property 

created or furnished under this Agreement and relevant implementing 

arrangements. Rights to such intellectual property shall be allocated as provided in 

this Annex. 

II. 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 mean the 

subject matter listed in Article 2 ofthe Convention Establishing the World 

Intellectual Property Organization, done at Stockholm, July 14, 1967 and 

may include other subject matter as agreed by the Parties. 

C. Each Party shall ensure, through contracts or other legal means with its own 

participants, ifnecessary, that the other Party can obtain the rights to 

intellectual property allocated in accordance with this Annex. This Annex 

does not otherwise alter or prejudice the allocation between a Party and its 

participants, which shall be determined by that Party's laws and practices. 

D. Except as otherwise provided in this Agreement, disputes concerning 

intellectual property arising under this Agreement shall be resolved through 

discussions between the concerned participating institutions, or, if necessary, 

the Parties or their designees. Upon mutual agreement ofthe 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 

UNCITRAL shall govern. 

E. Termination or expiration of this Agreement shall not affect rights or 


obligations under this Annex. 

III. Allocation of Rights 

A. 	Each Party shall be entitled to a worldwide, non-exclusive, irrevocable, 

royalty-free license to translate, reproduce, and publicly distribute 

monographs, 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 Agreement 

shall indicate the names ofthe authors ofthe work unless an author 

explicitly declines to be named. 

B. Rights to all forms of intellectual property, other than those rights described 

in paragraph III.A above, shall be allocated as follows: 

(1) Prior to participation in cooperative activities under this Agreement 

by a visiting researcher, the host Party or its designee and the Party or 

its designee employing or sponsoring the visiting researcher may 

discuss and determine the allocation of rights to any intellectual 

property created by the visiting researcher. Absent such a 

determination, visiting researchers shall receive rights, awards, 

bonuses and royalties in accordance with the policies of the host 

institution. For purposes of this Agreement, a visiting researcher is a 

researcher visiting an institution ofthe other Party (host institution) 

and engaged in work planned solely by the host institution. 

(2)(a) Any intellectual property created by persons employed or 

sponsored by one Party under cooperative activities other than those 

covered by Paragraph III.(B)( 1) shall be owned by that Party. 

Intellectual property created by persons employed or sponsored by 

both Parties shall be jointly owned by the Parties. In addition, each 

creator shall be entitled to awards, bonuses and royalties in 

accordance with the policies ofthe institution employing or 

sponsoring that creator. 

(b) Unless otherwise agreed in an implementing or other arrangement, 

each Party shall have within its territory a right to exploit and allow 

others to exploit intellectual property created in the course ofthe 

cooperative activities. 

(c) The rights of a Party outside its territory shall be determined by 

mutual agreement considering the relative contributions ofthe Parties 

and their participants to the cooperative activities, the degree of 
commitment in obtaining legal protection and licensing ofthe 

intellectual property and such other factors deemed appropriate. 

(d) Notwithstanding paragraphs III.B(2)(a) and (b) above, if either 

Party believes that a particular project is likely to lead to or has led to 

the creation of intellectual property not protected by the laws ofthe 

other Party, the Parties shall immediately hold discussions to 

determine the allocation ofrights to the intellectual property. If an 

agreement cannot be reached within three months ofthe date ofthe 

initiation ofthe discussions, cooperation on the project in question 

shall be terminated at the request of either Party. Creators of 

intellectual property shall nonetheless be entitled to awards, bonuses 

and royalties as provided in paragraph III.B(2)(a). 

(e) For each invention made under any cooperative activity, the Party 

employing or sponsoring the inventor(s) shall disclose the invention 

promptly to the other Party together with any documentation and 

information necessary to enable the other Party to establish any rights 

to which it may be entitled. Either Party may ask the other Party in 

writing to delay publication or public disclosure of such 

documentation or information for the purpose ofprotecting its rights 

in the invention. Unless otherwise agreed in writing, the delay shall 

not exceed a period of six months from the date of disclosure by the 

inventing Party to the other Party. 

IV. Business Confidential Information 

·In the event that information identified in a timely fashion as business-confidential 

is furnished or created under this Agreement, each Party and its participants shall 

protect such information in accordance with applicable laws, regulations, and 

administrative practices. 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, and 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 II 


Continued Security Obligations 


Under Each Party's Own National Laws 


I. Introduction 

It is the intent of both Parties to foster a collaborative research and innovation 

environment supportive of the free exchange of ideas. However, activities 

envisioned or provided for under this Agreement shall be subject to and consistent 

with the laws and regulations of each Party. National laws or regulations in the 

interest ofnational defense of foreign relations may, in some circumstances, limit 

the availability of certain information or technology requiring protection, restricted 

access (classification), or export controls. In cases where either Party identifies 

information or equipment relevant to cooperative activities under this Agreement 

that is subject to such protection, it shall consult the other Party with a view to 

determine whether the situation can be resolved to their mutual satisfaction. 

II. Protection of New Information 

Ifin the course of cooperative activities undertaken pursuant to this Agreement, 

information or technology that is known or believed to require special protections 

or restrictions under either Party's laws and regulations has been identified, it shall 

be brought immediately to the attention ofthe appropriate officials. 

III. Exports and Transfer of New Information or Technology 

With respect to the possible need for export controls which may be foreseen 

regarding new technology developed under this Agreement, including any which 

might arise under Section II ofthis Annex, if either Party deems it necessary, 

detailed provisions for the prevention of illegal transfer or retransfer of such 

information or technology shall be incorporated into the respective contracts or 

implementing arrangements. The Parties anticipate that information and 

technology developed under this Agreement will normally be exportable from the 

territory of either Party to the territory of the other Party, subject to any applicable 

regulatory or other legal controls or provisions, including any envisioned or 

provided for under the terms ofthis Annex.