TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-507

________________________________________________________________________

SCIENTIFIC AND TECHNICAL COOPERATION

Agreement Between the 

UNITED STATES OF AMERICA

and the EUROPEAN ORGANIZATION FOR 

NUCLEAR RESEARCH

Signed at Washington May 7, 2015

with

Annex 
 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.”
 EUROPEAN ORGANIZATION FOR 

 NUCLEAR RESEARCH

 Scientific and Technical Cooperation

 Agreement signed at Washington May 7, 2015;

 Entered into force May 7, 2015.

 With annex.
CO-OPERATION AGREEMENT 

between 

THE DEPARTMENT OF ENERGY 

OF THE UNITED STATES OF AMERICA 

and 

THE NATIONAL SCIENCE FOUNDATION 

OF THE UNITED STATES OF AMERICA 

and 

THE EUROPEAN ORGANIZATION FOR 

NUCLEAR RESEARCH 

concerning 

Scientific and Technical Co-operation in Nuclear and 

Particle Physics 

2015 
2 

The Department of Energy of the United States of America ("DOE"), 

and 

the National Science Foundation of the United States of America ("NSF"), 

on the one hand, 

and 

The European Organization for Nuclear Research ("CERN"), an 

Intergovernmental Organization having its seat at Geneva, Switzerland, 

on the other hand, 

hereafter collectively referred to as "the Parties" 

CONSIDERING: 

That research in nuclear and particle physics is important for the further 

development of fundamental science and technological progress; 

CERN's intention to strengthen co-operation with States which are not Members 

of CERN but with which co-operation has been established; 

DOE's and NSF's interest in participating in the scientific programme of CERN; 

CERN's interest in participating in the scientific programmes of DOE and NSF; 

The established contacts between CERN and DOE and NSF, including the 

activities conducted under the International Co-Operation Agreement between 

the European Organization for Nuclear Research (CERN) and the Department of 

Energy of the United States of America and the National Science Foundation of 

the United States of America Concerning Scientific and Technical Co-Operation 
3 

on Large Hadron Collider Activities signed December 8, 1997 (hereinafter the 

"1997 Agreement"); 

The Parties desire to create a framewm:k to ensure, on a long-term basis, 

opportunities for participation by scientists, engineers and technicians from one 

Party in research projects of the other Party, and for the provision of such other 

contributions as the Parties may agree; and 

The mutual benefit which the Parties expect to result from their co-operation, 

HAVE AGREED AS FOLLOWS: 

Article 1 

Scope 

This Co-operation Agreement ("Agreement") constitutes the framework within 

which the Parties may, on the basis of reciprocity, further develop their scientific 

and technical co-operation. 

Article 2 

Non-Military Purposes 

The Parties shall use the results of their co-operation for non-military purposes 

only. 

Article 3 

Forms of Co-operation 

The Parties may collaborate in research and development in the field of 

experimental and theoretical physics, accelerator and detector engineering, and 

computing, including any related domains. Their cooperation may be in the form 

of the exchange of scientific and/ or technical staff, know-how, equipment, 

materials, funds or any combination thereof. 
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Article 4 

Staff Support 

4.1 Where the Parties' collaboration is in the form of an exchange of staff, 

CERN shall consider applications by scientists, engineers and technicians 

from the United States for appointment as Associated Members of the 

Personnel of CERN. CERN may on a case-by-case basis decide to contribute 

towards meeting their cost of living expenses in the CERN region. 

4.2 Scientists, engineers and students from the United States meeting the 

eligibility criteria for application may apply to attend the CERN Schools, 

including the Accelerator School, the Computing School, the European 

School of Physics, and the Summer Student Programme at CERN. CERN 

shall treat all applications in accordance with their merit. 

Article 5 

Implementation 

5. 1 This Agreement shall be implemented through the conclusion of Protocols 

between CERN on the one hand, and DOE and/ or NSF on the other hand, 

detailing, for each research project, the objectives, programme of work, 

personnel and other resources, procedures. for the transfer and use of 

materials, and other relevant matters. 

5.2 The Parties may invite other entities, including universities, research 

centers, institutions, and private sector companies, to carry out activities 

under this Agreement, on such terms and conditions as the Parties may 

decide and which shall be consistent with the provisions of this Agreement. 

5.3 Each Protocol shall be subject to and governed by the terms of this 

Agreement. 

Article 6 

Intellectual Property and Business-Confidential Information 

The protection and allocation of intellectual property arising under this 

Agreement, and the protection of business-confidential information, shall be 
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governed by the Annex which is attached to and constitutes an integral part of 

this Agreement. 

Article 7 

Entry and Exit of Personnel and Equipment 

7.1 Each Party shall facilitate entry into and exit from the territory of (i) its State 

(DOE and NSF) and (ii) CERN Member States and Associate Member States, 

as applicable, of appropriate personnel and equipment of the other Party 

used in projects conducted under this Agreement, in accordance with the 

legislation and procedures applicable to the host Party. Such personnel shall 

comply with the rules of conduct, including compliance with the safety 

rules concerning the use of equipment, in place at the host Party. 

7.2 Equipment provided by a sending Party for carrying out joint activities 

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

the receiving Party shall work toward obtaining duty free entry for such 

equipment. 

Article 8 

Applicable Law and Funding 

8.1 Each Party shall conduct the cooperative activities contemplated by this 

Agreement in accordance with the applicable laws, regulations, and 

procedures to which it is subject. 

8.2 The conduct of cooperative activities under this Agreement shall be subject 

to the availability of appropriated and other funds, personnel, and other 

resources. 

8.3 Except as the Parties may agree otherwise, each Party shall bear its cost and 

expense resulting from its participation in any activity under this 

Agreement, including any contracting with other entities. 
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Article 9 

Joint Cooperation Committee 

9.1 The Parties shall establish a Joint Cooperation Committee, hereinafter 

referred to as "the Committee", to coordinate, facilitate, and review 

cooperative activities under this Agreement. 

9.2 The Committee shall consist of representatives appointed by each Party. 

Two co-chairpersons shall also be selected, one by CERN and one by DOE 

and NSF. 

9.3 The Parties agree to consult periodically and at the request of either Party 

concerning the implementation of this Agreement and the development of 

their cooperation. The Committee shall meet annually or more frequently as 

deemed appropriate. 

Article 10 

Disputes 

Except as provided in Section II.D. of the Annex, any dispute between the Parties 

concerning the interpretation or application of this Agreement shall be settled by 

consultations between the Parties and shall not be referred to any forum for 

resolution. 

Article 11 

Entry into Force, Amendment, and Duration 

11.1 This Agreement shall enter into force on the date of its signature by the 

Parties. 

11.2 This Agreement shall remain in force for an initial period of five years and 

shall thereafter be renewed automatically, each time for a new period of 

five years, unless a written notice of termination is given by one Party to the 

other Party, or the Parties have agreed on its renewal by another period, at 

least six months prior to the renewal date. 
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11.3 The withdrawal of (i) CERN or (ii) both DOE and NSF from this Agreement 

shall constitute termination of this Agreement, it being understood, 

however, that the provisions of this Agreement shall continue to apply in 

respect of activities undertaken prior to such termination. 

11.4 The Parties may amend this Agreement at any time by mutual agreement in 

writing. 

11.5 The 1997 Agreement, and Protocols thereunder, shall continue in force 

unaffected by this Agreement, and this Agreement shall not be affected by 

any of the terms or provisions of the 1997 Agreement. 

DONE at Washington, in duplicate, this ---f:- day of May, 2015. 

FOR THE DEPARTMENT OF FOR THE EUROPEAN 

ENERGY OF THE UNITED STATES ORGANIZATION FOR NUCLEAR 

OFAMEmCA: ~~~ ~ 

FOR THENATIONALSCIENCE 

FOUNDATION OF THE UNITED 

STATES OF AMERICA: 

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8 

ANNEX 

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 Protocols. 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 of the 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, if necessary, 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 individuals 

subject to its jurisdictio!l, which shall be determined by the laws and practices 

applicable to that Party. 

D. 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 of the 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. 
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III. Allocation of Rights 

A. 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. 

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

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

(1) Visiting researchers shall receive rights, awards, bonuses and royalties in 

accordance with the policies of 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.(l) 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· of the institution employing or sponsoring that 

person. 

(b) Unless otherwise agreed in a Protocol, each Party shall have within the 

territory of (i) its State (DOE/NSF) or (ii) CERN Member States and Associate 

Member States, as applicable, a right to exploit or license intellectual property 

created in the course of the cooperative activities. 

(c) The rights of a Party outside the territory of (i) its State (DOE/NSF) or (ii) 

CERN Member States and Associate Member States, as applicable, shall be 

determined by mutual agreement considering the relative contributions of the 

Parties and their participants to the cooperative activities, the degree of 

commitment in obtaining legal protection and licensing of the 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 applicable to the other Party, the Parties shall 

immediately hold discussions to determine the allocation of rights to the 

intellectual property. If an agreement cannot be reached within three months of 

the date of the initiation of the discussions, cooperation on the project in question 
10 

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 of protecting 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 businessconfidential 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 11 business-confidential 11 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.