TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-526

________________________________________________________________________

SCIENTIFIC COOPERATION

Agreement between the

UNITED STATES OF AMERICA

and BANGLADESH

Agreement Signed at Dhaka March 1, 2003

 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.”
BANGLADESH

Scientific Cooperation

Agreement signed at Dhaka March 1, 2003;

 Entered into force May 26, 2003;

 With Annexes.
AGREEMENT

ON

SCIENTIFIC AND TECHNOLOGICAL COOPERATION

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

1:11E GOVERNMENT OF THE PEOPLE'S REPUBLIC OF

BANGLADESH

The Government of the United States of America and the

Government of the People's Republic of Bangladesh (hereinafter referred to

as "the Parties")

Desirous of strengthening the bonds of friendship between their two

countries and fostering increased capacity to engage in science and

technology, build infrastructure and improve scientific educational

opportunities for all citizens; and

Recognizing that scientific and technical cooperation will advance

the state of science and technology to their mutual benefit as well as

strengthen the national economies of both countries,

Have agreed to enter into a Science and Technology Agreement as

follows:

Article 1

The Parties shall promote cooperation between their countries in

science and technology for peaceful purposes, in accordance with their

respective laws and regulations on the basis of mutual respect and benefit.

The principal objective of this cooperation is to provide opportunities to

exchange personnel, ideas, information, skills and techniques and to

collaborate on subjects of mutual interest.

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Article 2

The cooperation contemplated in this Agreement may include the

following :

(1) Exchange of students, educators, scientists, researchers,

technical personnel, and experts;

(2) Exchange of documentation and information of a scientific and

technological nature;

(3) Convening of joint scientific and technological seminars,

symposia, conferences, and other meetings;

(4) Implementation of joint research and experiments on scientific

and technological subjects of mutual interest as well as

exchanges of any results;

(5) Transfer of technology between the Parties;

(6) Enhancement of capabilities of the Parties through technical

assistance, training, infrastructure strengthening ; and

(7) Any other forms of scientific and technological cooperation as

may be mutually agreed.

Article 3

The Parties shall encourage and facilitate, where appropriate, the

development of joint contacts and cooperation between governmental

agencies, universities, research centers, and other institutions, private sector

companies and the entities of the two countries. The Parties or their

agencies may also conclude implementing arrangements for the conducts of

cooperative activities under this Agreement.

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Article 4

The Parties undertake to consult at the request of either Party

regarding the implementation of this Agreement and the development of

further cooperation in the fields of science and technology. The Parties shall

also consult, with regard to activities under this Agreement, to identify

public-private partnerships, education and infrastructure development

opportunities, and entrepreneurships which build upon science based

collaborations. The Parties may establish an advisory committee with

mutually agreed upon representation, procedures and meeting arrangements

to facilitate the above. This advisory committee may include both

governmental and nongovernmental representatives as mutually agreed by

the Parties.

Article 5

Cooperative activities under this Agreement shall undertaken in

accordance with applicable laws in both countries and shall be subject to the

availability of funds.

Article 6

(1) The treatment of intellectual property and security obligations

arising from cooperative activities under this Agreement shall be

provided for as specified in Annex I and Annex II respectively,

which constitute integral parts of this Agreement, or an alternate

arrangement as agreed to by the Parties in writing.

(2) Scientific and technological information of a non-proprietary

nature derived from cooperative activities conducted under this

Agreement may be made available, unless otherwise agreed by

the Parties, to the world scientific community through customary

channels and in accordance with the normal procedures agreed

upon by the Parties. No warranty of suitability of information

exchanged under this Agreement is implied or given.

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Article 7

With respect to cooperative activities under this Agreement, each

Party shall, in accordance with its laws and regulation, facilitate :

(1) Prompt and efficient entry into and exit from its territory and

domestic travel and work of personnel participating in the

implementation of this Agreement;

(2) Prompt and efficient entry into and exit from its territory of

appropriate equipment, instrumentation, materials, supplies,

samples and project information; and

(3 ) Provision of access to relevant geographic areas, data, materials,

institutions, and persons participating in the implementation of

this Agreement.

Personnel may not engage in and equipment may not be used for any

purpose outside of the agreed activities without the prior written

authorization of both Parties.

Article 8

Unless otherwise agreed by the Parties or provided for in an

implementing arrangement, each Party or participating agency,

organization or enterprise shall bear the cost of its participation and that

of its personnel engaged in cooperative activities under this Agreement.

Article 9

This Agreement shall not affect the validity or execution of any

obligation arising from other previously concluded international agreements

of either Party.

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(RE. DR. ABDUL MOYEEN KHAN MP)

HONOURABLE MINISTER

MINISTRY OF SCIENCE AND

INFORMATION & COMMUNICATION

TECHNOLOGY

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Article 10

(1) This Agreement shall enter into force upon an exchange of

diplomatic notes confirming that all requirements for its entry

into force have been fulfilled and shall remain in force for a

period of ten years. This term may be extended for such

additional periods as may be agreed in writing between the

Parties.

(2) This Agreement may be amended at any time by mutual written

agreement of the Parties. This Agreement may be terminated at

any time by either Party upon 90 days prior written notice to the

other Party. Unless otherwise agreed, termination of this

Agreement shall not affect the validity or duration of any

arrangements made under it.

IN WITNESS WHEREOF, the undersigned being duly authorized by their

respective Governments, have signed this Agreement.

DONE AT DHAKA in duplicate, this 1st day of March 2003.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA: PEOPLE'S REPUBLIC OF

BANGLADESH:

(RE. Ms CHRISTINA ROCCA)

ASSISTANT SECRETARY

OF STATE FOR SOUTH ASIAN

AFFAIRS
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 of

rights 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

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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.

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(1) shall be owned by that Party.

Intellectual property created by persons employed

or sponsored by both Parties shall be

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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 (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 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).

(e) For each invention made under any cooperative

activity, the Party employing or sponsoring the

inventor(s) shall disclose the

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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

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.

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ANNEX U

SECURITY OBLIGATIONS

I. PROTECTION OF SENSITIVE

TECHNOLOGY

Both Parties agree that no information or equipment requiring

protection in the interest of national defense or foreign relations and

classified in accordance with its applicable national laws and

regulations shall be provided under this Agreement. In the event that

information or equipment which is known or believed to require

such protection is identified in the course of cooperative activities

pursuant to this Agreement, it shall be brought immediately to the

attention of the appropriate officials and the Parties shall consult to

identify appropriate security measures to be agreed upon by the

Parties in writing and applied to this information and equipment and

shall, if appropriate, amend this Agreement to incorporate such

measures.

II. TECHNOLOGY TRANSFER

The transfer of unclassified export-controlled information or

equipment between the Parties shall be in accordance with the

relevant laws and regulations of each Party. If either Party deems it

necessary, detailed provisions for the prevention of unauthorized

transfer or retransfer of such information or equipment shall be

incorporated in the contracts or project annexes. Export controlled

information shall be marked to identify it as export controlled and

identify any restrictions on further use or transfer.

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