TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-421

________________________________________________________________________

SCIENTIFIC COOPERATION

Agreement Between the 

UNITED STATES OF AMERICA

and FINLAND

Amending the Agreement of

May 16, 1995

Signed at Helsinki October 16, 2012
 

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.”
 

 FINLAND

 Scientific Cooperation

 Agreement amending the agreement of May 16, 1995.

 Signed at Helsinki October 16, 2012;

 Entered into force April 21, 2014.

ARTICLE III

This Ag;reement shall enter into force on the date on which the last Party notifies

the other in writing that their respective internal procedures necessary for its entry

into force have been completed and shall remain in force as long as the S&T

Agreement remains in force.

IN WITNESS WHEREOF the undersigned, being duly authorized by their

respective Governments, have signed this Agreement.

DONE at Helsinki this 16th day of October, 2012, in duplicate in the English and

Finnish languages, both texts being equally authentic.

FOR THE GOVERNMENT FOR THE GOVERNMENT OF

OF THE UNITED STATES THE REPUBLIC OF

OF AMERICA: FINLAND:

Bruce J. Oreck Petri Peltonen

Ambassador Director General

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. alt fOnnsof intellectual pmperty, other than. those rights described

in paragraph LILA 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

financially supported 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

financially supported 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 an implementing or other arrangement,

each Party shall have within its territory a right to exploit or license

intellectual property created in the course of the cooperative

activities.

(c) The rights of a Party outside its territory 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(2Xa) 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 of

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

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).