AGREEMENT  
renewing the Agreement for scientific and technological cooperation between the European 
Community and the Government of the Republic of India  
THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,  
of the one part, and  
THE GOVERNMENT OF THE REPUBLIC OF INDIA, hereinafter referred to as ‘India’,  
of the one part,  
hereinafter referred to as the ‘Parties’,  
CONSIDERING the importance of science and technology for their economic and social development,  
RECOGNISING that the Community and India are pursuing common research and technological objectives in a number 
of areas of common interest, and that mutual benefits may be derived if the Parties facilitate cooperation,  
NOTING that there has been active cooperation and information exchange in a number of scientific and technological 
areas under the Cooperation Agreement between the Community and India on Partnership and Development signed on 
20 December 1993,  
CONSIDERING the EU-India Summit conclusions in Helsinki in October 2006, stating: ‘The leaders look forward to the 
renewal of the EU-India S&T agreement in 2007’,  
DESIRING to expand the cooperation in scientific and technological research with a view to strengthening the conduct of 
cooperative activities in areas of common interest and to encouraging the application of the results of such cooperation 
to their economic and social benefit,  
HAVE AGREED AS FOLLOWS:  
Article 1  
Purpose  
The Parties shall encourage and facilitate cooperative research 
and development activities in science and technology fields of 
common interest between the Community and India.  
Article 2  
Definitions  
For the purpose of this Agreement:  
(a) ‘cooperative activity’ means any activity which the Parties 
undertake or support, pursuant to this Agreement, and 
includes joint research;  
(b) ‘information’ means scientific or technical data, results or 
methods of research and development stemming from joint research carried out under this Agreement and any 
other data deemed necessary by the participants to coop ­
erative activities, including, as necessary, by the Parties 
themselves;  
(c) ‘intellectual property’ shall have the meaning defined in 
Article 2 of the Convention establishing the World Intel ­
lectual Property Organisation, done at Stockholm, 14 July 
1967;  
(d) ‘joint research’ means a research, technological development 
or demonstration project that is implemented with financial 
support from one or both Parties and that involves collab ­
oration between participants from both the Community and 
India and is designated as joint research in writing by the 
Parties or the Executive Agents. Where there is funding by 
only one Party, the designation shall be made by that Party 
and the participant in that project;EN 1.7.2009 Official Journal of the European Union L 171/19
(e) ‘participant’ or ‘research entities’ means any person, any 
academic institution, research institute or any other legal 
entity or undertaking or firm established in the 
Community or in India involved in cooperative activities 
including the Parties themselves.  
Article 3  
Principles  
Cooperation shall be conducted on the basis of the following 
principles:  
(a) partnership for balanced mutual benefits;  
(b) reciprocal access to the activities of research and tech ­
nological development undertaken by each Party;  
(c) timely exchange of information which may affect coop ­
erative activities;  
(d) appropriate protection of intellectual property rights.  
Article 4  
Scope of cooperation  
Cooperation under this Agreement may cover all the activities 
of research, technological development and demonstration, 
hereinafter referred to as ‘RTD’, included in the framework 
programme under Article 164 of the Treaty establishing the 
European Community and all similar RTD activities in India 
in the corresponding scientific and technological fields.  
This Agreement does not affect the participation of India in 
other Community activities.  
Article 5  
Forms of cooperation  
Cooperative activities may take the following forms:  
— participation of Indian research entities in RTD projects 
under the framework programme and reciprocal partici ­
pation of research entities established in the Community 
in Indian projects in similar sectors of RTD. Such partici ­
pation is subject to the rules and procedures applicable in 
each Party,  
— joint RTD Projects; the joint RTD projects shall be imple ­
mented when the participants have developed a technology 
management plan (concerning dissemination and use of, as 
well as access rights to knowledge), as indicated in the 
Annex,  
— pooling of RTD projects already implemented according to 
the procedures applicable in the RTD programmes of each 
Party,  — visits and exchanges of scientists and technical experts,  
— joint organisation of scientific seminars, conferences, 
symposia and workshops, as well as participation of 
experts in those activities,  
— concerted actions for dissemination of results/exchange of 
experience on joint RTD projects that have been funded,  
— exchanges and sharing of equipment and materials including 
shared use of advanced research facilities,  
— exchanges of information on practices, laws, regulations and 
programmes relevant to cooperation under this Agreement,  
— any other form recommended by the Steering Committee 
and deemed in conformity with the policies and procedures 
applicable in both Parties.  
Article 6  
Coordination and facilitation of cooperative activities  
(a) The coordination and facilitation of cooperative activities 
under this Agreement shall be accomplished, on behalf of 
India, by the Ministry of Science and Technology 
(Department of Science and Technology) and, on behalf of 
the Community, by the services of the Commission of the 
European Communities, acting as executive agents.  
(b) The executive agents shall establish a Steering Committee on 
S&T Cooperation, hereinafter referred to as the ‘Steering 
Committee’ for the management of this Agreement; this 
Committee shall consist of an equal number of official 
representatives of each Party and shall have Co-Chairpersons 
from the Parties; it shall establish its own rules of procedure.  
(c) The functions of the Steering Committee shall include:  
(i) promoting and overseeing the different cooperative 
activities as mentioned in Article 4 as well as those 
that would be implemented in the framework of other 
Community activities not covered by the framework 
programme, but which could affect and enhance the 
cooperation under this agreement;  
(ii) facilitating the development of joint RTD projects, to 
be sponsored on a cost-sharing basis by the Parties, 
received in response to an approved Joint Call for 
Proposal text issued simultaneously by the Executive 
Agents. The joint projects will be selected by each 
Party according to the respective selection process of 
each Party with possible participation of the experts 
from both sides;EN L 171/20 Official Journal of the European Union 1.7.2009
(iii) indicating, for the following year, pursuant to the first 
and second indents of Article 5, among the potential 
sectors for RTD cooperation, those priority sectors or 
subsectors of mutual interest in which cooperation is 
sought;  
(iv) proposing, pursuant to the third indent of Article 5, to 
the participants of both Parties the pooling of their 
projects which would be of mutual benefit and 
complementary;  
(v) making recommendations pursuant to the fourth to 
eighth indents of Article 5;  
(vi) advising the Parties on ways to enhance and improve 
cooperation consistent with the principles set out in 
this Agreement;  
(vii) reviewing the efficient functioning and implementation 
of this Agreement, including the activities there under;  
(viii) annually providing a report to the Parties on the 
status, the level reached and the effectiveness of coop ­
eration undertaken under this Agreement. This report 
will be transmitted to the Joint Commission estab ­
lished in the framework of the Cooperation 
Agreement between the European Community and 
India on Partnership and Development.  
(d) The Steering Committee shall, as a general rule, meet 
annually, preferably before the meeting of the Joint 
Commission established in the framework of the Coop ­
eration Agreement between the European Community and 
India on Partnership and Development, and according to a 
jointly agreed schedule; the meetings should be held alter ­
nately in the Community and in India. Extraordinary 
meetings may be organised at the request of either Party.  
(e) Decisions of the Steering Committee shall be reached by 
consensus. Minutes, comprising of a record of decisions 
and principal points discussed, shall be taken at each 
meeting. These minutes shall be agreed upon by the 
designated Co-Chairpersons of the Steering Committee.  
(f) For the Steering Committee Meeting, the travel and accom ­
modation expenses of the participants shall be borne by the 
Parties to whom they relate. Any other cost associated with 
the Steering Committee Meeting shall be borne by the host 
Party.  
Article 7  
Funding  
(a) Cooperative activities shall be subject to the availability of 
appropriate funds and to the laws and regulations (including those on tax and customs exemption) applicable in the terri ­
tories of each Party and in accordance with policies and 
programmes of the Parties.  
(b) Costs incurred on selected cooperative activities shall be 
shared by the participants without any transfer of funds 
from one Party to the other.  
(c) An implementing arrangement would specify in greater 
details the precise administrative and financial modalities 
for cooperative activities.  
(d) RTD projects, involving India, sponsored under Community 
activities not covered by the framework programme shall be 
excluded from the provisions specified under (b) and (c).  
Article 8  
Entry of personnel and equipment  
Each Party shall take all reasonable steps and use its best efforts, 
within the laws and regulations applicable in the territories of 
each Party, to facilitate entry to, sojourn in, and exit from its 
territory of persons and equipment involved in or used in 
cooperative activities identified by the Parties under the 
provisions of this Agreement.  
Article 9  
Dissemination and utilisation of information  
The dissemination and utilisation of information, and the 
management, allocation and exercise of intellectual property 
rights resulting from joint research under this Agreement shall 
be subject to the requirements of the Annex. This Annex shall 
be an integral part of this Agreement.  
Article 10  
Territorial application  
This Agreement shall apply, on the one hand to the territories 
in which the Treaty establishing the European Community is 
applied and under the conditions laid down in that Treaty, and 
on the other hand, to the territory of India. This shall not 
prevent the conduct of cooperative activities on the high seas, 
outer space, or the territory of third countries, in accordance 
with international law.  
Article 11  
Entry into force, termination and dispute settlement  
(a) This Agreement shall enter into force on the date on which 
the Parties have notified each other in writing that their 
respective internal procedures necessary for its entry into 
force have been completed.EN 1.7.2009 Official Journal of the European Union L 171/21
(b) This Agreement shall be concluded for a period of five years 
and may be renewed by mutual agreement between the 
Parties after evaluation during the last year of the aforemen ­
tioned period.  
(c) This Agreement may be amended by agreement of the 
Parties. Amendments shall enter into force on the date on 
which the Parties have notified each other in writing that 
their respective internal procedures necessary for amending 
this Agreement have been completed.  
(d) This Agreement may be terminated at any time by either 
Party upon six months’ written notice. The expiration or 
termination of this Agreement shall not affect the validity 
or duration of any arrangements made under it, or any 
specific rights and obligations that have accrued in 
compliance with the Annex.  (e) All questions or disputes related to the interpretation or 
implementation of this Agreement shall be settled by 
mutual agreement between the Parties.  
Article 12  
This Agreement is drawn up in duplicate in the Bulgarian, 
Czech, Danish, Dutch, English, Estonian, Finnish, French, 
German, Greek, Hungarian, Italian, Latvian, Lithuanian, 
Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, 
Spanish, Swedish and Hindi languages, each of these texts 
being equally authentic.  
In witness whereof, the undersigned, being duly authorised 
thereto, have signed this agreement.  
Съставено  в Ню Делхи  на тридесети  ноември  две хиляди  и седма  година . 
Hecho en Nueva Delhi, el treinta de noviembre de dos mil siete.  
V Dillí dne t řicátého listopadu dva tisíce sedm.  
Udfærdiget i New Delhi den tredivte november to tusind og syv.  
Geschehen zu New Delhi am dreißigsten November zweitausendsieben.  
Kahe tuhande seitsmenda aasta novembrikuu kolmekümnendal päeval New Delhis.  
Έγινε  στo N έο Δελχί , στις τριάντα  Νοεμβρίου  δύο χιλιάδες  επτά . 
Done at New Delhi on the thirtieth day of November in the year two thousand and seven.  
Fait à New Delhi, le trente novembre deux mille sept.  
Fatto a Nuova Delhi, addì trenta novembre duemilasette.  
Ņūdeli, divt ūkstoš sept ītā gada tr īsdesmitaj ā novembr ī. 
Priimta du t ūkstan čiai septint ųjų met ų lapkri čio trisdešimt ą dien ą Naujajame Delyje.  
Kelt Újdelhiben, a kétezer-hetedik év november harmincadik napján.  
Mag ħmul fi New Delhi, fit-tletin jum ta' Novembru tas-sena elfejn u sebg ħa. 
Gedaan te New Delhi, de dertigste november tweeduizend zeven.  
Sporz ądzono w Nowym Delhi, dnia trzydziestego listopada roku dwa tysi ące siódmego.  
Feito em Nova Delhi, em trinta de Novembro de dois mil e sete.  
Întocmit la New Delhi, la treizeci noiembrie dou ă mii șapte.  
V Dillí tridsiateho novembra dvetisícsedem.  
V New Delhiju, dne tridesetega novembra leta dva tiso č sedem.  
Tehty New Delhissä kolmantenakymmenentenä päivänä marraskuuta vuonna kaksituhattaseitsemän.  
Som skedde i New Delhi den trettionde november țjugohundrasju.
EN L 171/22 Official Journal of the European Union 1.7.2009
За Европейската  общност  
Por la Comunidad Europea  
Za Evropské spolecenství  
På vegne af Det Europæiske Fællesskab  
Für die Europäische Gemeinschaft  
Euroopa Ühenduse nimel  
Για την Ευρωπα ïκή Κοινότητα  
For the European Community  
Pour la Communauté européenne  
Per la Comunità europea  
Eiropas Kopienas v ārd ā 
Europos Bendrijos vardu  
Az Európai Közösség részér ől 
Gћall-Komunità Ewropea  
Voor de Europese Gemeenschap  
W imieniu Wspólnoty Europejskiej  
Pela Comunidade Europeia  
Pentru Comunitatea European ă 
Za Európske spolo čenstvo  
Za Evropsko skupnost  
Euroopan yhteisön puolesta  
För Europeiska gemenskapen
  
За правителството  на Република  Индия  
Por el Gobierno de la República de la India  
Za vládu Indické republiky  
På vegne af regeringen for Republikken Indien  
Für die Regierung der Republik Indien  
India Vabariigi valitsuse nimel  
Για την κυβέρνηση  της Δημοκρατίας  της Ινδίας  
For the Government of the Republic of India  
Pour le gouvernement de la République de l'Inde  
Per il governo della Republica dell'India  
Indijas Republikas vald ības v ārd ā 
Indijos Respublikos Vyriausyb ės vardu  
Az Indiai Köztársaság kormánya részér ől 
Għall-Gvern tar-Repubblika ta' l-Indja  
Voor de Regering van de Republiek India  
W imieniu Rz ądu Republiki Indii  
Pelo Governo da República Índia  
Pentru Guvernul Republicii India  
Za vládu Indickej republiky  
Za Vlado Republike Indije  
Intian tasavallan hallituksen puolesta  
För Republiken Indiens regering
EN 1.7.2009 Official Journal of the European Union L 171/23
ANNEX  
INTELLECTUAL PROPERTY RIGHTS  
Rights to intellectual property created or furnished under the Agreement shall be allocated as provided in this Annex.  
APPLICATION  
This Annex is applicable to joint research undertaken pursuant to the Agreement, except as otherwise agreed by the 
Parties.  
I. Ownership, allocation and exercise of rights  
1. For purpose of this Annex ‘intellectual property’ is defined in Article 2(c) of the Agreement.  
2. This Annex addresses the allocation of rights and interests of the Parties and their participants. Each Party and its 
participants shall ensure that the other Party and its participants may obtain the rights to intellectual property 
allocated to it in accordance with this Annex. This Annex does not otherwise alter or prejudice the allocation of 
rights, interests and royalties between a Party and its nationals or participants, and the rules of diffusion and 
utilisation of information, which will be determined by the laws and practices of each Party.  
3. The Parties will also be guided by, and contractual arrangements should provide for, the following principles:  
(a) effective protection of intellectual property. The Parties shall ensure that they and/or their participants notify 
one another within a reasonable time of the creation of any intellectual property arising under the Agreement 
or implementation arrangements and to seek protection for such intellectual property in a timely fashion;  
(b) effective exploitation of results, taking into account the contributions of the Parties and their participants;  
(c) non-discriminatory treatment of participants from the other Party as compared with the treatment given to its 
own participants, with regard to ownership, utilisation and dissemination of information and ownership, 
allocation and exercise of intellectual property rights;  
(d) protection of business-confidential information.  
4. The participants shall jointly develop a Technology Management Plan (TMP). The TMP is a specific agreement to be 
concluded between the participants in joint research defining their respective rights and obligations, including 
those in respect of the ownership and use, including publication, of information and intellectual property to be 
created in the course of joint research. With respect to intellectual property (IP), the TMP will normally address, 
among other things, ownership, protection, user rights for research and development purposes, exploitation and 
dissemination, including arrangements for joint publication, the rights and obligations of visiting researchers and 
dispute settlement procedures. The TMP shall also address foreground and background information, licensing and 
deliverables. The TMP shall be developed within the rules and regulations in force in each Party taking into account 
the aims of the joint research, the relative financial or other contributions of the Parties and participants, the 
advantages and disadvantages of licensing by territory or for fields of use, requirements imposed by applicable 
laws, the need for dispute settlement procedures and other factors deemed appropriate by the participants. The 
rights and obligations concerning the research generated by visiting researchers (i.e. researchers not coming from a 
Party or a participant) in respect of IP shall also be addressed in the joint technology management plans. The TMP 
shall be approved by the responsible funding agency, or department of the Party involved in financing the 
research, before the conclusion of the specific research and development cooperation contracts to which they 
are attached.  
5. Information or intellectual property created in the course of joint research and not addressed in a TMP will be 
allocated according to the principles set out in the TMP. In the event of a disagreement which cannot be resolved 
by the agreed dispute settlement procedure, such information or IP shall be owned jointly by all the participants 
involved in the joint research from which the information or IP results. Each participant to whom this provision 
applies shall have the right to use such information or IP for his own commercial exploitation with no 
geographical limitation.EN L 171/24 Official Journal of the European Union 1.7.2009
6. In accordance with applicable laws, each Party will ensure that the other Party and its participants may have the 
rights to IP allocated to them.  
7. While maintaining the condition of competition in areas affected by the Agreement, each Party shall endeavour to 
ensure that rights acquired pursuant to the Agreement, and arrangements made under it, are exercised in such a 
way as to encourage, in particular:  
(i) the dissemination and use of information created, disclosed or otherwise made available, under the Agreement; 
and 
(ii) the adoption and implementation of international standards.  
8. Termination or expiry of the Agreement will not affect rights or obligations of participants with regard to 
intellectual property under approved ongoing projects in accordance with this Annex.  
II. Copyright works and scientific literary works  
Copyright belonging to the Parties or to their participants shall be accorded treatment consistent with the Berne 
Convention (Paris Act 1971) and the TRIPS Agreement. Without prejudice to Section III, and unless otherwise agreed 
in the TMP, results of research shall be published jointly by the Parties or participants. Subject to the foregoing 
general rule, the following procedures shall apply:  
1. In the case of publication by a Party or public bodies of that Party of scientific and technical journals, articles, 
reports, books, including video and software arising from joint research pursuant to the Agreement, the other 
Party will be entitled to a worldwide, non-exclusive, irrevocable, royalty-free license to translate, reproduce, adapt, 
transmit and publicly distribute such works.  
2. The Parties shall endeavour to disseminate literary works of a scientific character arising from joint research 
pursuant to the Agreement and published by independent publishers as widely as possible.  
3. All copies of a copyright work to be publicly distributed and prepared under this provision shall indicate the 
names of the author(s) of the work unless an author explicitly declines to be named. Copies shall also bear a 
clearly visible acknowledgement of the cooperative support of the Parties.  
III. Undisclosed information  
A. Documentary undisclosed information  
1. Each Party, its agencies or its participants, as appropriate, shall identify at the earliest possible moment, and 
preferably in the TMP, the information that they wish to remain undisclosed in relation to the Agreement, 
taking into account, inter alia, the following criteria:  
(a) secrecy of the information in the sense that it is not, as a body or in the precise configuration or assembly 
of its components, generally known among, or readily accessible by lawful means to, experts in the fields;  
(b) the actual or potential commercial value of the information by virtue of its secrecy;  
(c) previous protection of the information in the sense that it has been subject to steps that were reasonable 
under the circumstances by the person lawfully in control, to maintain its secrecy. The Parties and their 
participants may in certain cases agree that, unless otherwise indicated, parts or all of the information 
provided, exchanged or created in the course of joint research pursuant to the Agreement may not be 
disclosed.  
2. Each Party shall ensure that it and its participants clearly identify undisclosed information, for example by 
means of an appropriate marking or restrictive legend. This also applies to any reproduction of the said 
information, in whole or in part. A Party receiving undisclosed information pursuant to the Agreement will 
respect the privileged nature thereof. These limitations shall automatically terminate when this information is 
disclosed by the owner into the public domain.EN 1.7.2009 Official Journal of the European Union L 171/25
3. Undisclosed information communicated under this Agreement may be disseminated by the receiving Party to 
persons within or employed by the receiving Party and other concerned departments or agencies of the 
receiving Party authorised for the specific purposes of the joint research under way, provided that any undis ­
closed information so disseminated shall be pursuant to a written agreement of confidentiality and shall be 
readily recognisable as such, as set out above.  
4. With the prior written consent of the Party providing undisclosed information under this Agreement, the 
receiving Party may disseminate such undisclosed information more widely than otherwise permitted in 
paragraph 3. The Parties shall cooperate in developing procedures for requesting and obtaining prior 
written consent for such wider dissemination, and each Party will grant such approval to the extent 
permitted by its domestic policies, regulations and laws.  
B. Non-documentary undisclosed information  
Non-documentary undisclosed or other confidential information provided in seminars and other meetings arranged 
under this Agreement, or information arising from the attachment of staff, use of facilities, or joint projects, shall 
be treated by the Parties or their participants according to the principles specified for documentary information in 
the Agreement; provided, however, that the recipient of such undisclosed or other confidential or privileged 
information has been made aware in advance and in written form of the confidential character of the information 
to be communicated.  
C. Control  
Each Party shall endeavour to ensure that undisclosed information received by it under this Agreement is 
controlled as provided herein. If one of the Parties becomes aware that it will be, or may be reasonably 
expected to become, unable to meet the non-dissemination provisions of sections A and B, it shall immediately 
inform the other Party. The Parties will thereafter consult to define an appropriate course of action.EN L 171/26 Official Journal of the European Union 1.7.2009