Proposal for a Council Decision on the conclusion of the Agreement for scientific and technological co-operation between the European Community and the United Mexican States
Date: 2004-12-14
Institutions: European Commission
Subjects: EU research policy, Mexico, cooperation agreement (EU), ratification of an agreement, research and development, scientific cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.12.2004 
COM(2004) 802 final 

2004/0274 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement for scientific and technological co-operation 
between the European Community and the United Mexican States 

(presented by the Commission) 

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1. 

2. 

3. 

4. 

5. 

EXPLANATORY MEMORANDUM 

The  Economic  Partnership,  Political  Coordination  and  Cooperation  Agreement1 
between  the  European  Community  and  its  Member  States  of  the  one  part  and  the 
United Mexican States (hereinafter: Mexico) of the other part, entered into force on 1 
October  2000.  Article  29,  paragraph5  of  this  Agreement  identified  cooperation  on 
science and technology as an area of particular interest and potential. 

In its communication of 19 July 1996 entitled "Promoting RTD cooperation with the 
world's  emerging  economies"  (COM(96)  344  final)  the  Commission  stressed  the 
benefits of negotiating agreements for scientific and technological cooperation with 
countries with emerging economies. In its resolution of 14 March 1997 on the above 
mentioned  communication,  the  European  Parliament  “calls  on  the  Commission  to 
negotiate, with due regard for the circumstances in each country, bilateral agreements 
establishing a legal framework for the promotion of RTD cooperation”. 

The  strengthening  of  scientific  and  technological  cooperation  with  these  countries 
has been reaffirmed in the Commission’s communication entitled “The international 
dimension of the European Research Area” (COM/2001/346 final). 

On  22  January  2002,  the  Ambassador  of  Mexico  to  the  EU  presented  Mexico’s 
official request to enter into negotiations with the European Community with a view 
to concluding a specific agreement for scientific and technological cooperation. 

On 12 July 2002, the Council authorized the Commission to negotiate an Agreement 
for  scientific  and  technological  cooperation  between  the  European  Community  and 
Mexico.  The  negotiations  resulted  in  the  attached  Agreement,  initialed  on  2  April 
2003 in Mexico and signed on 3 February 2004. 

The  Agreement  was  negotiated  against  the  background  of  an  upgraded  and 
intensifying co-operation between Mexico and the European Union, considering the 
importance of science and technology for economic and social development and the 
mutual wish to extend and strengthen the conduct of co-operative activities in areas 
of common interest, as diverse as: 

–  research on the environment and climate, including Earth observation, 

–  biomedical and health research, 

–  agriculture, forestry and fisheries, 

–  industrial and manufacturing technologies, 

–  research on electronics, materials and metrology, 

–  non-nuclear energy, 

–  transport, 

–  information society technologies, 

–  research on economic and social development, 

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OJ L276, 28.10.2000, p. 44 

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–  biotechnologies, 

–  aeronautics and space research and applied research; and 

–  science and technology policy. 

On 18 July 2003, the Commission submitted to the Council a proposal for a Council 
Decision  authorising  the  signing  of  the  abovementioned  agreement.  The  Council 
adopted  this  decision  on  20  October  2003  and  the  attached  agreement  and  the 
annexes thereto were signed on 3 February 2004. 

6. 

The Agreement is based on the principles of mutual benefit, reciprocal opportunities 
for  access  to  each  other’s  programmes  and  activities  relevant  to  the  purpose  of  the 
Agreement,  non-discrimination,  the effective  protection  of intellectual property and 
equitable  sharing  of  intellectual  property  rights.  It  shall  be  concluded  for  an  initial 
period  of  five  years  and  may  be  tacitly  renewed  after  full  evaluation,  based  on  the 
results, during the penultimate year of each successive five-year period.  

7. 

The Agreement provides for : 

–  establishment of networks and long-term institutional alliances between research 
centres  and  research  and  technology  institutes  and  joint  implementation  of 
projects of common interest; 

–  implementation of RTD projects between research and business centres in Mexico 

and Europe, including technology-based companies; 

–  participation  of  Mexican  research  institutes  in  RTD  projects  under  the  existing 
framework  programme  and  reciprocal  participation  of  research 
institutes 
established  in  the  Community  in  Mexican  projects  in  similar  sectors  of  RTD. 
Such  a  participation  shall  be  subject  to  the  rules  and  procedures  applicable  in 
RTD programmes of each Party; 

–  visits  and  exchanges  of  scientists,  RTD  policy-makers  and  technical  experts, 

including scientific training through research ;  

–  joint organisation of scientific seminars, conferences, symposia and workshops, as 

well as participation of experts in such activities; 

–  exchanges  and  sharing  of  equipment  and  materials  including  shared  use  and/or 

loans of laboratory infrastructure and equipment; 

–  exchanges  of  information  on  procedures,  laws,  regulations  and  programmes 
relevant  to  cooperation  under  this  Agreement,  exchanges  of  experience  and 
studies on best practice on science and technology policy; 

–  any  other  form  recommended  by  the  Steering  Committee  and  deemed  in 

conformity with the policies and procedures applicable in both Parties; 

–  cooperation  activities  to  be  subject  to  the  availability  of  funds  and  to  the 
applicable  laws  and  regulations,  policies  and  programmes  of  Mexico  and  the 
Community; in principle, no transfer of funds will take place. 

8. 

As regards dissemination and utilisation of information and management, allocation 
and  exercise  of  intellectual  property  rights,  resulting  from  joint  research  under  the 

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9. 

10. 

Agreement,  they  shall  be  subject  to  the  provisions  of  the  annex  to  this  Agreement 
entitled “Intellectual Property Rights” which forms an integral part thereof. 

The principle of non-discrimination agreed under article 3 of the Agreement should 
protect  Community  participants  in  Mexican  programmes  and  activities  against  any 
discriminatory  treatment,  also  in  respect  of  the  dissemination  and  utilisation  of 
results,  including  intellectual  property  rights.  The  Steering  Committee  shall,  inter 
alia,  review  the  efficient  and  effective  functioning  of  the  Agreement,  including  the 
non-discriminatory treatment of participants. 

Closer  collaboration  with  Mexico  on  science  and  technology  will  also  contribute 
directly  to  strengthening  ties  between  the  two  parties  and  will,  in  particular,  bring 
substantial  benefits  for  Europeans,  by  improving  the  Community's  position  in 
Mexico and, consequently, within Latin America as a whole. This is in line with the 
conclusions  adopted  by  the  Council  of  the  European  Union  on  the  communication 
from the Commission on a new European Union-Latin American partnership on the 
eve of the 21st century (COM (1999) 105 of 9 March 1999), the Rio Declaration by 
the Heads of State or Government of June 1999 and the contents of the existing CE-
Mexico Economic Partnership, Political Coordination and Cooperation Agreement.  

In conclusion, this negotiated agreement for scientific and technological cooperation 
would  be  the  appropriate  instrument  for  expanding  and  supplementing  current 
cooperation  under  the  FP6  specific  activities  for  international  cooperation  with 
developing countries. 

11. 

In the light of the above-mentioned considerations, the Commission proposes that the 
Council 

–  approve  on  behalf  of  the  European  Community,  and  after  the  consultation  of  the 
European  Parliament,  the  Agreement  on  scientific  and  technological  cooperation 
between the European Community and the United Mexican States; 

–  notify the Mexican authorities that the procedures necessary for the entry into force 

of the Agreement have been completed by the European Community. 

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2004/0274 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement for scientific and technological co-operation 
between the European Community and the United Mexican States 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 170 (2), in conjunction with the first sentence of the first subparagraph of Article 300 (2) 
and Article 300 (3) thereof, 

Having regard to the proposal from the Commission2, 

Having regard to the opinion of the European Parliament3, 

Whereas: 

(1) 

(2) 

The  Commission  has  negotiated,  on  behalf  of  the  Community,  an  Agreement  for 
scientific and technological cooperation with the United Mexican States; 

Subject to  its possible  conclusion at a later date, the  Agreement  initialled on  2 April 
2003 was signed on 3 February 2004, 

(3) 

The Agreement should be approved, 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  Agreement  for  scientific  and  technological  co-operation  between  the  European 
Community and the United Mexican States is hereby approved on behalf of the Community. 

The text of the Agreement is attached to this Decision. 

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OJ C , , p. . 
OJ C , p.  

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Article 2 

The President of the Council shall, acting on behalf of the Community, give the notification 
provided for in article 11 of the Agreement. 

Done at Brussels,  

For the Council 
The President 

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AGREEMENT  

FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION 

BETWEEN THE UNITED MEXICAN STATES 

AND THE EUROPEAN COMMUNITY  

THE  EUROPEAN  COMMUNITY,  hereinafter 
of the one part, and  

referred 

to  as  "the  Community", 

THE  UNITED  MEXICAN  STATES, 
of the other part,  

hereinafter referred to as "the Parties",  

hereinafter 

referred 

to 

as 

"Mexico", 

the  Economic  Partnership,  Political  Coordination  and  Cooperation 
CONSIDERING 
Agreement between the United Mexican States and the European Community and its Member 
States of 8 December 1997; 

CONSIDERING  the  importance  of  science  and  technology  for  their  economic  and  social 
development; 

CONSIDERING 
Community and Mexico; 

the  ongoing  scientific  and 

technological  cooperation  between 

the 

CONSIDERING  that  the  Community  and  Mexico  are  currently  pursuing  research  and 
technological development activities, including projects as defined in Article 2(e), in areas of 
common interest and that participation in each other's research and development activities on 
the basis of reciprocity will provide mutual benefits; 

DESIRING to establish a solid basis for cooperation in scientific and technological research 
which will extend and strengthen the cooperative activities in areas of common interest and 
encourage the application of the results of such cooperation to the economic and social benefit 
of both Parties; 

CONSIDERING  that  this  Agreement  for  scientific  and  technological  cooperation  is  part  of 
the general cooperation between Mexico and the Community, 

HAVE AGREED AS FOLLOWS: 

Article 1 - Purpose 

The  Parties  shall  encourage,  develop  and  facilitate  cooperative  research  and  development 
activities in fields of science and technology of common interest between the Community and 
Mexico. 

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For the purpose of this Agreement: 

Article 2 – Definitions 

a) 

b) 

c) 

d) 

e) 

f) 

“cooperative  activity”  means  any  activity  which  the  Parties  undertake  or  support, 
pursuant  to  this  Agreement,  and  includes  joint  research  and  training  of  human 
resources; 

“information” means scientific or technical data, results or methods of research and 
development stemming from joint research and any other data deemed necessary by 
the  participants  to  cooperative  activities,  including,  as  necessary,  by  the  Parties 
themselves; 

“intellectual property” shall have the meaning defined in Article 2 of the Convention 
establishing  the  World  Intellectual  Property  Organisation,  signed  in  Stockholm  on 
14 July 1967; 

“joint  research”  means  research,  technological  development  and/or  demonstration 
projects implemented with or without financial support from one or both Parties and 
which  involves  collaboration  between  participants  from  both  the  Community  and 
Mexico; 

"demonstration projects" means projects aimed at demonstrating the viability of new 
technologies  which  offer  a  potential  economic  advantage  but  which  cannot  be 
commercialised  without  a  prior  study  of  their  viability  on  the  market.  The  Parties 
shall  keep  each  other  mutually  and  regularly  informed  about  the  joint  research 
activities in the context of the coordination and facilitation of cooperative activities 
(Article 6); 

“participant”  or  "research  entities”  means  any  physical  or  legal  person,  research 
institute, or any other firm or legal entity established in the Community or in Mexico 
involved in cooperative activities, including the Parties themselves. 

Article 3 -Principles 

Cooperative activities shall be conducted on the basis of the following principles: 

a) 

b) 

c) 

d) 

mutual benefit based on an appropriate balance of advantages; 

reciprocal opportunities to participate in the research and technological development 
activities undertaken by each Party; 

timely exchange of information which may affect cooperative activities; 

within the framework of the applicable laws and regulations, effective protection of 
intellectual  property  and  equitable  sharing  of  intellectual  property  rights,  in 
accordance  with  the  Annex  on  intellectual  property  rights,  which  forms  an  integral 
part of this Agreement. 

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Article 4 - Areas of cooperative activities 

a) 

Cooperation  under  this  Agreement  may  cover  all  the  activities  on  research, 
technological  development,  demonstration 
and 
technological  training,  hereinafter  referred  to  as  “RTD”,  included  in  the  RTD 
Framework  Programme  of  the  European  Community,  including  fundamental 
research.  The  abovementioned  activities  must  be  directed  towards  promoting 
scientific progress, industrial competitiveness and economic and social development, 
in particular in the following areas: 

and  high-level 

scientific 

–  research on the environment and climate, including Earth observation, 
–  biomedical and health research, 
–  agriculture, forestry and fisheries, 
–  industrial and manufacturing technologies, 
–  research on electronics, materials and metrology, 
–  non-nuclear energy, 
–  transport, 
–  information society technologies, 
–  research on economic and social development, 
–  biotechnologies, 
–  aeronautics and space research and applied research; and 
–  science and technology policy. 

b) 

Other areas of cooperation may be added to this list subject to prior examination and 
recommendation by the Joint Committee referred to in Article 6, in accordance with 
the  procedures  in  force  for  each  party,  together  with  all  similar  RTD  activities 
undertaken in Mexico in the corresponding fields. 

This  Agreement  does  not  affect  the  participation  of  Mexico,  as  a  developing  country,  in 
Community activities in the field of research for development. 

Article 5 - Forms of cooperative activities 

a) 

The  Parties  shall  foster  the  participation  of  institutes  of  higher  education,  research 
and  development  centres  and  research  and  development  entities  in  cooperative 
activities  under  this  Agreement  in  conformity  with  their  internal  policies  and 
regulations, with a view to providing opportunities for participation in their scientific 
and technological research and development activities. 

b) 

Cooperative activities may take the following forms: 

–  establishment of networks and long-term institutional alliances between research 
centres  and  research  and  technology  institutes  and  joint  implementation  of 
projects of common interest; 

–  implementation of RTD projects between research and business centres in Mexico 

and Europe, including technology-based undertakings; 

–  participation  of  Mexican  research  institutes  in  RTD  projects  under  the  existing 
Framework  Programme  and  reciprocal  participation  of  research  institutes 
established in the Community in Mexican projects in similar fields of RTD. Such 

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participation  shall  be  subject  to  the  rules  and  procedures  applicable  in  the  RTD 
programmes of each Party; 

–  visits  and  exchanges  of  scientists,  RTD  policy-makers  and  technical  experts, 

including scientific training through research; 

–  joint organisation of scientific seminars, conferences, workshops and symposia, as 

well as participation of experts in such activities; 

–  exchanges  and  sharing  of  equipment  and  materials,  including  shared  use  and/or 

loans of laboratory infrastructure and equipment; 

–  exchanges  of  information  on  procedures,  laws,  regulations  and  programmes 
relevant  to  cooperation  under  this  Agreement,  exchanges  of  experience  and 
studies on best practice on science and technology policy; 

–  any  other  form  recommended  by  the  Steering  Committee,  as  provided  for  in 
Article 6(b), and considered to be in conformity with the policies and procedures 
applicable in both Parties. 

Joint RTD projects shall be implemented when the participants have developed a technology 
management plan, as indicated in the Annex to this Agreement. 

Article 6 - Coordination and facilitation of cooperative activities 

a) 

b) 

For  the  purposes  of  this  Agreement,  the  Parties  appoint  the  following  authorities, 
acting  as  executive  agents,  for  the  coordination  and  facilitation  of  cooperative 
activities: on behalf of the United Mexican States, el Consejo Nacional de Ciencia y 
Tecnología  [National  Science  and  Technology  Council]  and,  on  behalf  of  the 
Community, the representatives of the European Commission. 

The  co-signatory  executive  agents  shall  establish  a  bilateral  RTD  Cooperation 
Steering  Committee,  hereinafter  referred  to  as  the  “Steering  Committee”,  for  the 
management of this Agreement; this Committee shall consist of a similar number of 
official representatives of each Party; it shall establish its own rules of procedure. 

c) 

The functions of the Steering Committee shall include: 

1. 

2. 

3. 

promoting  and  overseeing  the  different  cooperative  activities  referred  to  in 
Article 4 of this Agreement as well as those that could be implemented in the 
framework of RTD cooperation for development and any others which arise in 
the future; 

identifying,  pursuant  to  the  first  indent  of  Article  5(b),  among  the  potential 
sectors  for  RTD  cooperation,  those  priority  sectors  or  subsectors  of  mutual 
interest in which cooperation is sought; 

promoting,  pursuant  to  the  second  indent  of  Article  5(b),  together  with  the 
scientific  communities  of  the  two  Parties,  identification  of  projects  which 
would be of mutual benefit, complementary and/or priorities; 

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4.  making recommendations, pursuant to the fifth indent of Article 5(b); 

5. 

advising  the  Parties  on  ways  to  enhance  and  improve  cooperation  and 
dissemination thereof consistent with the principles set out in this Agreement; 

6.  monitoring and reviewing the efficient functioning and implementation of this 

Agreement; 

7. 

providing an annual report to the Parties on the status, the level reached and the 
effectiveness  of  cooperation  undertaken  under  this  Agreement.  This  report 
shall  be  submitted  to  the  Joint  Committee  established  under  the  Association 
Agreement of 8 December 1997. 

The Steering Committee shall, as a general rule, meet once a year, preferably before 
the  meeting  of  the  Joint  Committee  established  under  the  Association  Agreement, 
according to a jointly agreed schedule, and shall report to the Joint Committee; the 
meetings  shall  be  held  alternately  in  the  Community  and  in  Mexico.  Extraordinary 
meetings may be organised at the request of either Party. 

Each  Party  shall  bear  the  costs  of  its  participation  in  the  meetings  of  the  Steering 
Committee. Costs other than those for travel and accommodation which are directly 
associated with meetings of the Steering Committee shall be borne by the host Party. 

Article 7 - Funding 

Cooperative activities shall be subject to the availability of appropriated funds and to 
the  applicable  laws,  regulations,  policies  and  programmes  of  the  Parties.  Costs 
incurred by the participants in cooperative activities shall, in principle, give rise to no 
transfer of funds from one Party to the other. 

When cooperative schemes of one Party provide for financial support to participants 
from  the  other  Party,  any  such  grants,  financial  or  other  contributions  shall  be 
granted free of tax and customs duties in  accordance with the laws and regulations 
applicable in the territories of each Party. 

d) 

e) 

a) 

b) 

Article 8 - Entry of personnel and equipment 

Each Party shall take all necessary steps and provide the necessary facilities for participants 
officially involved in cooperative activities under this Agreement to enter, stay in and leave 
its territory. They shall also make the efforts necessary to provide the necessary facilities, in 
the  national  migration,  tax,  customs,  health  and  safety  regulations  in  force  in  the  receiving 
country, for the material, data and equipment used in the activities covered by the Agreement. 

Article 9 - Dissemination and use of information 

The research entities established in Mexico which are involved in Community RTD projects 
shall  follow,  as  regards  the  ownership,  dissemination  and  utilisation  of  information  and  as 
regards the intellectual property stemming from this involvement, the rules on dissemination 
of research results stemming from the specific Community RTD programmes as well as the 

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provisions  in  the  Annex  to  this  Agreement.  The  research  entities  established  in  the 
Community  which  are  involved  in  Mexican  RTD  projects  shall  have,  as  regards  the 
ownership,  dissemination  and  utilisation  of  information  and  as  regards  the  intellectual 
property  stemming  from  this  involvement,  the  same  rights  and  the  same  obligations  as  the 
Mexican  research  entities  and  shall  be  subject  to  the  provisions  in  the  Annex  to  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  applies  and  under  the  conditions  laid  down  in  that 
Treaty and, on the other hand, to the territory of Mexico. 

a) 

b) 

c) 

d) 

e) 

Article 11 - Entry into force, termination and dispute settlement 

This Agreement shall enter into force on the date of the last written communication 
by  which  the  Parties  notify  each  other  that  their  respective  internal  procedures 
necessary for its entry into force have been completed. 

This  Agreement  shall  be  concluded  for  an  initial  period  of  five  years  and  may  be 
tacitly renewed after full evaluation, based on the results, during the penultimate year 
of each successive five-year period. 

This Agreement may be amended by decision of the Parties. Amendments shall enter 
into force under the same conditions as defined in paragraph (a). 

This  Agreement  may  be  terminated  at  any  time  by  either  Party  upon  six  months’ 
written  notice  to  the  other  Party  through  diplomatic  channels.  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. 

All  questions  or  disputes  related  to  the  interpretation  or  implementation  of  this 
Agreement shall be settled by mutual agreement between the Parties. 

In  witness  whereof,  the  undersigned,  being  duly  authorised  thereto,  have  signed  this 
Agreement. 

Done  at  Brussels  on  ….  in  two  copies,  in  the  Danish,  Dutch,  English,  Finnish,  French, 
German, Greek, Italian, Portuguese, Spanish and Swedish languages, each text being equally 
authentic.  The  English  version  will  prevail  whenever  there  is  a  divergent  interpretation 
between these texts. 

For the United Mexican States 

For the European Community 

Jaime Parada Avila,  
Director-General  
Consejo Nacional de Ciencia y Tecnología 

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ANNEX 

INTELLECTUAL PROPERTY RIGHTS 

This Annex is an integral part of the "Agreement for scientific and technological cooperation 
between the European Community and the United Mexican States", hereinafter referred to as 
"the Agreement". 

Rights to intellectual property created or furnished under the Agreement shall be allocated as 
provided in this Annex. 

I. 

APPLICATION 

This  Annex  is  applicable  to  joint  research  undertaken  pursuant  to  the  Agreement,  except  as 
otherwise agreed by the Parties. 

II. 

1. 

OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS 

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, which 
shall be determined by the laws and practices applicable to each Party. 

2. 

The Parties shall also be guided by, and contractual arrangements shall provide for, 
the following principles: 

a) 

b) 

c) 

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 seek protection for such intellectual property 
in a timely fashion; 

effective  exploitation  of  results,  taking  into  account  the  contributions  of  the 
Parties and their participants and the provisions of Article 9 of the Agreement; 

non-discriminatory treatment of participants from the other Party as compared 
with the treatment given to its own participants without prejudice to Article 9 
of the Agreement; 

d) 

protection of business-confidential information. 

3. 

The  Parties  or  participants  shall  jointly  develop  a  Technology  Management  Plan 
(TMP) in respect of the ownership and use, including publication, of information and 
intellectual property to be created in the course of joint research. The TMP shall be 
approved  by  the  responsible  funding  agency  or  other  relevant  agencies  involved  in 
financing the technology, taking account of the opinion of the Steering Committee, 

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before  the  conclusion  of  the  corresponding  specific  research  and  development 
cooperation contracts of research institutes. 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  financial  or  other  contributions  of  the  Parties  and  participants,  the 
advantages  and  disadvantages  of  licensing  by  territory  or  for  fields  of  use,  the 
transfer  of  export-controlled  data,  goods  or  services,  requirements  imposed  by 
applicable laws and other factors deemed appropriate by the participants. The rights 
and obligations concerning the research generated by visiting researchers in respect 
of intellectual property shall also be addressed in the joint technology management 
plans. 

With respect to intellectual property, the TMP shall 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 may also address general and specific information, licensing and deliverables. 

Information  or  intellectual  property  created  in  the  course  of  joint  research  and  not 
addressed in the TMP shall be allocated, with the approval of the Parties, according 
to  the  principles  set  out  in  the  TMP.  In  case  of  disagreement,  such  information  or 
intellectual  property  shall  be  owned  jointly  by  all  the  participants  involved  in  the 
joint  research  from  which  the  information  or  intellectual  property  results.  Each 
participant  to  whom  this  provision  applies  shall  have  the  right  to  use  such 
information  or  intellectual  property  for  his  own  commercial  exploitation  with  no 
geographical limitation. 

Each  Party  shall  ensure  that  the  other  Party  and  its  participants  have  the  rights  to 
intellectual property allocated to them in accordance with these principles. 

While maintaining the conditions 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. 

4. 

5. 

6. 

7. 

Termination  or  expiry  of  the  Agreement  shall  not  affect  rights  or  obligations  in 
accordance with this Annex. 

III. 

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).  The  copyright  shall  protect  the 
expressions but not the ideas, procedures, methods of operation or mathematical concepts as 
such. Limitations or exceptions to exclusive rights may be introduced only in certain special 
cases which do not obstruct normal exploitation of results nor unduly endanger the legitimate 
interests of the right-holder. 

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Without  prejudice  to  Section  II,  and  unless  otherwise  agreed  in  the  TMP,  results  of  joint 
research  shall  be  published  jointly  by  the  Parties  or  participants.  Subject  to  the  foregoing 
general rule, the following procedures shall apply: 

1. 

2. 

3. 

In the case of publication by a Party or public bodies of that Party of scientific and 
technical  journals,  articles,  reports,  books,  including  videos  and  software  arising 
from joint research pursuant to the Agreement, the other Party shall be entitled to a 
worldwide,  non-exclusive,  irrevocable,  royalty-free  licence  to  translate,  reproduce, 
adapt, transmit and publicly distribute such works. 

The Parties shall ensure that literary works of a scientific character arising from joint 
research pursuant to the Agreement and published by independent publishers shall be 
disseminated as widely as possible. 

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. 

IV. 

INVENTIONS,  DISCOVERIES  AND  OTHER  SCIENTIFIC  AND  TECHNOLOGICAL 
ACHIEVEMENTS 

Inventions,  discoveries  and  other  scientific  and  technological  achievements  arising  from 
cooperative  activities  between  the  Parties  themselves  shall  be  owned  by  the  Parties  unless 
otherwise agreed by the Parties. 

V. 

A. 

1. 

UNDISCLOSED INFORMATION 

Documentary undisclosed information 

Each Party, its agencies or its participants, as appropriate, shall identify at the earliest 
possible  moment,  and  preferably  in  the  TMP,  the  information  which  they  wish  to 
remain undisclosed in relation to the Agreement, taking into account, inter alia, the 
following criteria: 

a) 

b) 

c) 

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; 

the  actual  or  potential  commercial  value  of  the  information  by  virtue  of  its 
secrecy; 

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. 

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2. 

3. 

4. 

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. 

Any Party receiving undisclosed information pursuant to the Agreement shall respect 
the  privileged  nature  thereof.  These  limitations  shall  automatically  terminate  when 
this information is disclosed by the owner into the public domain. 

Undisclosed information communicated under this Agreement may be disseminated 
by the receiving Party to persons linked to or employed by the receiving Party and 
other  concerned  departments  or  agencies  in  the  receiving  Party  authorised  for  the 
specific  purposes  of  the  joint  research  under  way,  provided  that  any  undisclosed 
information so disseminated shall be pursuant to an agreement of confidentiality and 
shall be readily recognisable as such, as set out above. 

With  the  prior  written  consent  of  the  Party  providing  undisclosed  information,  the 
receiving  Party  may  disseminate  such  undisclosed  information  more  widely  than 
otherwise permitted in paragraph 3 above. The Parties shall cooperate in developing 
procedures  for  requesting  and  obtaining  prior  written  consent  for  such  wider 
dissemination, and each Party shall 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 the Agreement, or information arising from the attachment of 
staff, use of facilities, or participation in 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 of the confidential character of the information at 
the time it was communicated. 

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C. 

Control 

Each  Party  shall  endeavour  to  ensure  that  undisclosed  information  received  by  it  under  the 
Agreement shall be 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 shall 
thereafter consult to define the most appropriate course of action. 

For the United Mexican States 

For the European Community 

Jaime Parada Avila,  
Director-General  
Consejo Nacional de Ciencia y Tecnología 

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