TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12-1015 

________________________________________________________________________ 

SCIENTIFIC COOPERATION 

 Agreement Between the 

UNITED STATES OF AMERICA 

and the PHILIPPINES 

Signed at Washington June 8, 2012 

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.” 
PHILIPPINES 

Scientific Cooperation 

 Agreement signed at Washington June 8, 2012; 

 Entered into force October 15, 2012. 

 With annex. 
AGREEMENT BETWEEN THE

GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE

GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES

ON SCIENTIFIC AND TECHNOLOGICAL COOPERATION

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

the Republic of the Philippines, hereinafter referred to as the "Parties,"

Noting the mutual desire to strengthen the traditional ties of friendship

existing between the two countries; and

Recognizing the advantages to be derived by their respective peoples in

promoting and developing scientific and technological cooperation within the

limits of their capacities,

Have agreed as follows:

Article I

1. The purposes of this Agreement are to strengthen scientific, technological,

and institutional capabilities of the Parties, to broaden and expand

relations between the scientific and technological communities in both

countries, and to promote scientific and technological cooperation in areas

of mutual benefit.

2. The principal objectives of this cooperation are to provide opportunities to

exchange ideas, information, skills, and techniques and to collaborate on

scientific and technological endeavors of mutual interest, including but not

limited to:

a. Information and communication technologies;

b. Research and education exchanges;

c. Science-based decision making;

d. Environmental and biodiversity protection;

e. Natural and physical sciences;

f. Agriculture, food, and nutrition;

g. Marine sciences;

h. Health sciences, and allied health services including biomedical,

behavioral and social science research;

i. Public health and public health emergencies of international

concern;

j. Prevention and control of non-communicable and

communicable/infectious diseases;

k. Human resources for health;

I. Emergency medical services;

m. Climate change and global warming, including support for

adaption and mitigation measures;

n. Meteorology and severe weather forecasting, including

typhoons;

o. Energy;

p. Nuclear science including nuclear safety;

q. Biological sciences, including improving capacity building to

strengthen biological laboratory safety and pathogen security;
r. Science, technology and engineering for sustainable

development;

s. Other such forms of scientific and technological cooperation as

may be mutually agreed upon.

Article II

1. The Parties shall encourage cooperation through appropriate means

including: exchanges of scientific and technical information; exchanges,

training and education of scientists and technical experts; the convening of

joint seminars and meetings; the conduct of joint research projects;

access to scientific and technical facilities; and other such forms of

scientific and technological cooperation as may be mutually agreed upon.

2. Cooperation under this Agreement shall be based on shared

responsibilities and equitable contributions and benefits, commensurate

with the Parties' respective scientific and technological strengths and

resources.

Article Ill

Each Party will designate a point of contact for the notification and

approval of requests for authorization for access to the waters and terrestrial

airspace under national jurisdiction for the purpose of scientific research within

the context of agreed upon cooperative activities and in accordance with each

Party's relevant laws, rules and regulations, and will treat those requests with

diligence, taking into account the significance of these activities to the

advancement of scientific knowledge.

Article IV

1. The Parties shall encourage and facilitate, where appropriate, the

development of direct contacts and cooperation between government

agencies, universities, research centers, institutions, private firms and

other entities of the two countries.

2. Government agencies and designated entities of the two Parties may

conclude under this Agreement implementing arrangements in specific

areas of science and technology. These implementing arrangements shall

cover, as appropriate, topics of cooperation, procedures for transfer and

use of equipment and funds, and other relevant issues. Unless the Parties

or their designees agree otherwise, the terms of this Agreement shall

apply to any implementing arrangements or agreements.

Article V

1. Cooperative activities under this Agreement shall be conducted in

accordance with the applicable laws, regulations and procedures in both

countries and shall be subject to the availability of funds and personnel.

2. Priority will be given to collaboration that can advance common goals in

science and technology, as well as supporting partnerships between

public and private research institutions and industry.
Article VI

Scientists, technical experts, governmental agencies and institutions of

third countries or international organizations may, in appropriate cases, be invited

by agreement of both Parties to participate, at their own expense unless

otherwise agreed, in projects and programs being carried out under this

Agreement.

Article VII

1. The Parties shall establish a Joint Committee composed of

representatives designated by the Parties for coordinating and facilitating

cooperative activities under this Agreement. The Committee shall conduct

a joint review of activities, joint research projects, matters of importance in

the fields of science and technology research, and policies related to the

overall scientific and technological research relationship between the

Parties under this agreement periodically in a meeting that shall take place

alternately in the United States and in the Republic of the Philippines.

2. In the intervals between the sessions of the Committee, representatives of

the two Parties shall meet, as necessary, to discuss and further the

implementation of this Agreement and to exchange information on the

progress of programs, projects and activities of common interest.

Article VIII

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

resulting from cooperation under this Agreement (other than information

which is not disclosed for commercial or industrial reasons) shall be made

available, unless otherwise agreed, to the world scientific community

through customary channels and in accordance with normal procedures of

the participating agencies and entities.

2. The treatment of intellectual property created or furnished in the course of

cooperative activities under this Agreement is provided for in Annex I,

which shall form an integral part of this Agreement and shall apply to all

activities conducted under this Agreement, unless agreed otherwise by the

Parties or their designees in writing.

Article IX

1. Each Party shall facilitate entry into and exit from its territory of

appropriate personnel and equipment of the other Party, engaged in or

used in projects and programs under this Agreement.

2. Each Party shall facilitate prompt and efficient access of persons of the

other Party, participating in cooperative activities under this Agreement, to

its relevant geographic areas, institutions, data, materials, and individual

scientists, specialists and researchers as needed to carry out those

activities. .
3. Each Party shall use its best efforts to provide duty free entry for materials

and equipment provided pursuant to science and technology cooperation

undertaken pursuant to this Agreement.

4. The Parties do not foresee the provision of foreign assistance under this

Agreement. If they decide otherwise with respect to a particular activity,

the relevant implementing arrangement would need to be consistent with

the requirements of the laws of the respective countries that regulate

activities related to foreign assistance.

Article X

In the event that differences arise between the Parties with regard to the

interpretation or application of the provisions of this Agreement, the Parties shall

resolve them by means of negotiations and consultations, through diplomatic

channels.

Article XI

1. This agreement shall enter into force on the date of the later written

notification by the Parties through diplomatic channels, indicating

compliance with the domestic procedures for its entry into force. It shall

remain in force for three (3) years and may be extended for further threeyear periods by written agreement of the Parties.

2. This Agreement may be terminated at any time by either Party upon six

(6) months' written notice to the other Party.

3. Unless otherwise agreed by the Parties, termination of this Agreement

shall not affect the implementation of any cooperative activity carried out

under this Agreement and not completed upon termination of this

Agreement.

4. This Agreement may be amended at any time by mutual agreement of the

Parties. Such amendments shall enter into force in accordance with the

procedure described in paragraph 1 of this Article.

IN WITNESS WHEREOF the undersigned, being duly authorized by their

respective Governments, have signed this Agreement.

Done at Washington, D.C. in duplicate, this 8th day of June, 2012, in the English

language.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA: REPUBLIC OF THE PHILIPPINES:
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 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

its nationals, 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 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 the United Nations Commission on International Trade

Law (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 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 IIIA 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 (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 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 all rights 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(2)(a) and (b) above, if a particular

project has led to the creation of intellectual property protected by the

laws of one Party but not the other, the Party whose laws provide for

this type of protection shall be entitled to all rights to exploit or license

intellectual property worldwide although 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 inventions

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 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 "businessconfidential" 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.