Proposal for a Council Decision on the conclusion, by the Commission, of the Agreement for co-operation between the European Atomic Energy Community represented by the Commission and the Government of the Republic of Korea in the field of fusion energy research.
Date: 2006-10-06
Institutions: European Commission
Subjects: EAEC, South Korea, cooperation agreement (EU), energy research, nuclear energy, nuclear fusion

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.10.2006 
COM(2006) 578 final 

Proposal for a 

COUNCIL DECISION 

on the conclusion, by the Commission, of the Agreement for co-operation between the 
European Atomic Energy Community represented by the Commission and the 
Government of the Republic of Korea in the field of fusion energy research. 

(presented by the Commission) 

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. 

(1) 

(2) 

(3) 

(4) 

EXPLANATORY MEMORANDUM 

Directives  for  the  Commission  to  conduct  negotiations  on  an  Agreement  (the 
"Agreement")  for  co-operation  between  the  European  Atomic  Energy  Community 
(EURATOM) represented by the Commission of the European Communities and the 
Government of the Republic of Korea (collectively referred to as "the Parties"), in the 
field of  fusion energy research  and  development were adopted by the Council on 18 
April 2005. 

The directives were based on a draft Agreement, which was discussed and approved at 
the  level  of  the  Joint  Working  Party  on  research  and  Atomic  Questions  prior  to  the 
adoption  of  the  mandate  as  a  point  A  Decision  by  the  Council.  No  change  has  been 
made  to  this  draft  Agreement  during  the  negotiations,  other  than  typographical 
changes.  

The  Consultative  Committee  for  the  Euratom  specific  programme  on  nuclear  energy 
research  (Fusion)  (CCE-FU)  has  supported  the  intention  to  conclude  such  an 
Agreement. 

As far as the EAEC is concerned, the forms of co-operation which the new agreement 
would allow are: 

(a) 

(b) 

technically compatible with the scientific and technological objectives relevant 
to  thermonuclear  fusion  as  laid  down  in  the  Council  Decision  of  29  August 
2002  concerning  the  Sixth  Framework  Programme  of  the  EAEC  for  research 
and  training  activities  (2002-2006)1,  and  with  the  scientific  and  technological 
objectives relevant to thermonuclear fusion as laid down in the proposal for a 
Council  Decision  concerning  the  specific  Programme  implementing  the 
seventh Framework Programme (2007-2011)  of  the  European  Atomic  Energy 
Community (Euratom) for nuclear research and training activities2. 

financially  compatible  with  the  financial  reference  amount  for  fusion  in  the 
same  Decision  of  29  August  2002,  and  of  that  of  the  proposal  for  a  Council 
Decision  concerning  the  specific  Programme  implementing  the  seventh 
Framework  Programme  (2007-2011)  of 
the  European  Atomic  Energy 
Community (Euratom) for nuclear research and training activities3. 

(5) 

All cooperative activities under this agreement will be in fields that are part of the EU 
programmes, and as such will the financed through the relevant funding schemes (such 
as  the  Contracts  of  Association  between  the  Commission  and  Member  States,  the 
Agreement  on  Staff  Mobility,  and  other  funding  schemes  foreseen  for  the 
implementation  of  fusion  energy  research  in  the  EU).  The  proposed  Agreement  will 
therefore  have  no  other  financial  consequences  for  the  Community  budget  than 
administrative costs. 

1 
2 
3 

O.J. n. L 232, 29.8.2002 p.34. 
COM(2005) 445 final. 
See footnote 2 

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(6) 

(7) 

The  Agreement  will  have  to  be  concluded  by  the  Commission  in  conformity  with 
article 101, second paragraph, of the Treaty establishing the EAEC. 

In  view  of  the  above,  the  Commission  proposes  that  the  Council  approves,  in 
application  of  the  second  paragraph  of  article  101  of  the  Treaty  establishing  the 
EAEC,  that  the  Commission  concludes  the  annexed  draft  proposal  of  an  Agreement 
for co-operation between the European Atomic Energy Community represented by the 
Commission  and  the  Government  of  the  Republic  of  Korea  in  the  field  of  fusion 
energy research. 

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Proposal for a 

COUNCIL DECISION 

on the conclusion, by the Commission, of the Agreement for co-operation between the 
European Atomic Energy Community represented by the Commission and the 
Government of the Republic of Korea in the field of fusion energy research. 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in 
particular Article 101, second paragraph thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

The  Commission  has,  in  accordance  with  the  Council  Directives  of  14  April  2006, 
conducted  negotiations  on  an  Agreement  for  co-operation  between  the  European 
Atomic  Energy  Community  represented  by  the  Commission  and  the  Government  of 
the Republic of Korea in the field of fusion energy research, 

(2) 

The conclusion, by the Commission, of the Agreement should be approved, 

HAS DECIDED AS FOLLOWS:  

Sole Article 

The conclusion, by the Commission, for and on behalf of the Community, of the Agreement 
for  co-operation  between  the  European  Atomic  Energy  Community  represented  by  the 
Commission  and  the  Government  of  the  Republic  of  Korea  in  the  field  of  fusion  energy 
research, is hereby approved. 

The text of the Agreement is annexed to this decision. 

Done at Brussels, […2006] 

For the Council 
The President 

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ANNEX 

AGREEMENT FOR COOPERATION 

BETWEEN 

THE EUROPEAN ATOMIC ENERGY COMMUNITY 

REPRESENTED BY 

THE COMMISSION OF THE EUROPEAN COMMUNITIES AND 

THE GOVERNMENT OF THE REPUBLIC OF KOREA 

IN THE FIELD OF FUSION ENERGY RESEARCH 

The European Atomic Energy Community (EURATOM), represented by the Commission of 
the  European  Communities,  and  the  Government  of  the  Republic  of  Korea  (hereinafter 
referred to collectively as "the Parties"); 

Whereas  in  the  Framework  Agreement  for  Trade  and  Cooperation  between  the  European 
Community and its Member States on the one hand, and the Government of the Republic of 
Korea on the other hand on 28 October 1996, the Parties undertake to promote cooperation in 
the field of energy and the protection of the environment, and, in particular, to develop new 
and renewable forms of energy; and  

Desiring to continue to promote the development of fusion energy as a potentially 
environmentally acceptable, economically competitive, and virtually limitless source of 
energy; 

HAVE AGREED AS FOLLOWS: 

Article I 

Objective 

The objective of this Agreement is to intensify cooperation between the Parties in the areas 
covered  by  their  respective  fusion  programs,  on  the  basis  of  mutual  benefit  and  overall 
reciprocity,  in  order  to  develop  the  scientific  understanding  and  technological  capability 
underlying a fusion energy system. 

Article II 

Areas of Cooperation 

The areas of cooperation under this Agreement may include the following: 

a. 

tokamaks, including the large projects of the present generation and activities related 
to those of the next generation; 

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b. 

c. 

d. 

e. 

f. 

alternatives to tokamaks; 

magnetic fusion energy technology; 

plasma theory and applied plasma physics; 

program policies and plans; and 

other  areas  as  mutually  agreed  upon  in  writing  by  the  Parties  insofar  as  they  are 
covered by their respective programmes. 

Article III 

Forms of Cooperation 

1. 

The forms of cooperation under this Agreement may include, but are not limited to, 
the following: 

a. 

b. 

c. 

d. 

e. 

f. 

g. 

exchange  and  provision  of  information  and  data  on  scientific  and  technical 
activities,  developments,  practices  and  results,  and  on  program  policies  and 
plans, including the exchange of undisclosed information under the terms and 
conditions set out in Articles VI and VII; 

exchange  of  scientists,  engineers  and  other  specialists  for  agreed  periods  of 
time in order to participate in experiments, analysis, design and other research 
and development activities in accordance with Article VIII; 

organization  of  seminars  and  other  meetings  to  discuss  and  exchange 
information  on  agreed  topics  in  the  areas  listed  in  Article  II,  and  to  identify 
cooperative  activities  which  may  be  usefully  undertaken  in  accordance  with 
Article V; 

exchange  and  provision  of  samples,  materials,  equipment  (instruments  and 
components)  for  experiments,  testing  and  evaluation  in  accordance  with 
Articles IX and X; 

execution of joint studies, projects or experiments including their joint design, 
construction and operation; 

establishment  of  data  links  such  as,  but  not  limited  to,  remote  data  analysis 
tools; and  

other  specific  forms  of  cooperation  as  mutually  agreed  by  the  Parties  in 
writing. 

2. 

The Parties shall coordinate the activities, as appropriate, under this Agreement, with 
other international fusion research and development activities, in order to minimize 
duplication of effort.  

Nothing  in  this  Agreement  shall  be  construed  to  prejudice  existing  or  future 
arrangements for cooperation between the Parties. 

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1. 

2. 

3. 

4. 

1. 

2. 

3. 

1. 

Article IV 

Coordinating Committee and Executive Secretaries 

The Parties shall establish a Coordinating Committee to coordinate and supervise the 
conduct of activities under this Agreement. Each Party shall appoint an equal number 
of  members  to  the  Coordinating  Committee  and  nominate  one  of  its  appointed 
members  as  the  Head  of  its  Delegation.  The  Coordinating  Committee  shall  meet 
annually, alternately in the Republic of Korea and in the European Union, or at other 
agreed  times  and  places.  The  Head  of  the  Delegation  of  the  receiving  Party  shall 
chair the meeting. 

The Coordinating Committee shall review the progress and plans of activities under 
this  Agreement,  and  propose,  coordinate  and  approve  future  cooperative  activities 
that are within the scope of this Agreement with regard to their technical merit and 
level of effort to ensure mutual benefit and overall reciprocity within the Agreement. 

All decisions of the Coordinating Committee shall be taken by consensus.  

Each Party shall nominate an Executive Secretary to act on its behalf during periods 
between  meetings  of  the  Coordinating  Committee  in  all  matters  concerning 
cooperation under this Agreement. The Executive Secretaries shall be responsible for 
the day-to-day management of the cooperation. 

Article V 

Implementation  

Each  Party  shall  designate  appropriate  entities  for  the  implementation  of  activities 
under this Agreement.  

When the Coordinating Committee approves a cooperative activity, it shall approve, 
where necessary, a Project Plan under this Agreement and subject to its terms. 

Each  Project  Plan  shall  list  the  entities  designated  to  implement  the  project,  and 
include  detailed  provisions  for  the  implementation  of  the  cooperative  activity, 
including  but  not  limited  to  its  technical  scope  and  management,  the  applicable 
decontamination responsibilities, exchange of undisclosed information, exchange of 
equipment,  treatment  of  intellectual  property,  total  costs,  cost-sharing  and  its 
schedule, as appropriate. 

Article VI 

Availability and Dissemination of Information 

Subject  to  its  applicable  laws  and  regulations  and  to  the  provisions  of  this 
Agreement, each Party and its designees shall undertake to make freely available to 
the other Party and its designees any information at its disposal which is required for 
the execution of collaborative activities under this Agreement. 

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2. 

3. 

The  Parties  and  their  designees  shall  support  the  widest  possible  dissemination  of 
information  which  they  have  the  right  to  disclose,  and  which  is  either  developed 
jointly or intended to be provided or exchanged pursuant to this Agreement, subject 
to  the  need  to  protect  undisclosed  information  and  the  need  to  protect  intellectual 
property created or furnished under this Agreement. 

Information transmitted by one Party to the other Party under this Agreement shall be 
accurate  to  the  best  knowledge  and  belief  of  the  transmitting  Party,  but  the 
transmitting Party does not warrant the suitability of the information transmitted for 
any  particular  use  or  application  by  the  receiving  Party  or  by  any  third  party. 
Information developed jointly by the Parties shall be accurate to the best knowledge 
and  belief  of  both  Parties.  Neither  Party  warrants  the  accuracy  of  the  jointly 
developed information or its suitability for any particular purpose, use or application 
by either Party or by any third party. 

Article VII 

Intellectual Property 

The  protection  and  allocation  of  intellectual  property  created  or  furnished  in  the  course  of 
cooperative activities under this Agreement shall be governed by the provisions in Annex A, 
which shall form an integral part of this Agreement and shall apply to all activities conducted 
under this Agreement. 

Article VIII 

Exchanges of Personnel 

The following provisions shall apply concerning exchanges of personnel between the Parties 
or their designees under this Agreement: 

a. 

b. 

c. 

d. 

e. 

each  Party  shall  ensure  the  selection  of  qualified  personnel  with  the  skills  and 
competence necessary to conduct the activities planned under this Agreement. Each 
such exchange of personnel shall be mutually agreed in advance by an exchange of 
letters between the Parties, referencing this Agreement and its pertinent intellectual 
property provisions as well as the cooperative activity concerned; 

each Party shall be responsible for the salaries, insurance, and allowances to be paid 
to its exchanged personnel; 

the  sending  Party  shall  pay  for  the  travel  and  living  expenses  of  its  exchanged 
personnel staying at the host establishment, unless otherwise agreed; 

the receiving Party shall arrange for adequate accommodations for the other Party's 
exchanged  personnel  (and  their  families  forming  part  of  their  household)  on  a 
mutually agreeable, reciprocal basis; 

the receiving Party shall provide all necessary assistance under its relevant laws and 
regulations  to  the  exchanged  personnel  of  the  other  Party  regarding  administrative 
formalities (e.g. acquiring visas); 

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f. 

g. 

each  Party  shall  ensure  that  the  exchanged  personnel  abide  by  the  general  rules 
regarding work and safety regulations in force at the host establishment; 

each  Party  may,  at  its  own  expense,  observe  specific  test  activities  and  analytical 
work  of  the  other  Party  in  the  areas  of  cooperation  defined  in  Article  II.  Such 
observation may be carried out by visits of personnel, subject to the prior agreement 
of the receiving Party on each occasion. 

Article IX 

Exchanges of Equipment, Samples, etc. 

In the event equipment, instruments, samples, materials or necessary spare parts (hereinafter 
referred to as “the equipment, etc.”) are to be exchanged, loaned or supplied by one Party or 
its designees to the other or its designees, the following provisions shall apply covering the 
shipment and use of the equipment, etc.: 

a. 

b. 

c. 

d. 

1. 

2. 

3. 

4. 

The sending Party shall supply as soon as possible a detailed list of the equipment, 
etc., to be provided, with the relevant specifications and technical and informational 
documentation; 

the equipment, etc. supplied by the sending Party shall remain its property and shall 
be  returned  to  the  sending  Party  on  a  date  to  be  determined  by  the  Coordinating 
Committee unless otherwise agreed in the Project Plan referred to in Article V; 

the equipment, etc. shall be brought into operation at the host establishment only by 
mutual agreement between the Parties; and 

the receiving Party shall provide the necessary premises for the equipment, etc. and 
shall  provide  for  electrical  power,  water,  gas,  etc.,  in  accordance  with  technical 
requirements, which shall be mutually agreed by the Parties. 

Article X 

General Provisions 

Each Party shall conduct the activities provided for in this Agreement subject to its 
applicable  laws  and  regulations,  and  shall  provide  resources  subject  to  the 
availability of appropriated funds. 

Unless otherwise specifically agreed in writing by the Parties, all costs resulting from 
cooperation under this Agreement shall be borne by the Party that incurs them. 

All questions of interpretation or implementation relating to this Agreement arising 
during its term shall be resolved by agreement of the Parties. 

This Agreement shall apply, in so far as EURATOM is concerned, to the territories 
to  which  the  Treaty  establishing  EURATOM  applies  and  to  the  territories  of  the 
countries  participating  in  the  EURATOM  fusion  program  as  fully  associated  third 
States. 

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Article XI 

Duration, Amendment and Termination 

1. 

2. 

3. 

4. 

5. 

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, and shall remain in force for five (5) years. Unless 
one  Party  notifies  the  other  Party  in  writing  of  its  intention  to  terminate  this 
Agreement at least six months before its expiration, this Agreement shall be extended 
automatically for additional periods of five (5) years. 

This Agreement may be amended by written agreement of the Parties. 

All  joint  efforts  and  experiments  not  completed  at  the  termination  or  expiration  of 
this  Agreement  may  be  continued  until  their  completion  under  the  terms  of  this 
Agreement. 

This Agreement and any Project Plan hereunder may be terminated at any time at the 
discretion of either Party upon six (6) months’ advance notification in writing by the 
Party seeking to terminate this Agreement or Project Plan. Such termination shall be 
without  prejudice  to  the  rights  that  may  have  accrued  under  this  Agreement  or 
Project Plan to either Party up to the date of the termination. 

This Agreement is drawn up in duplicates in 21 languages (Korean, Danish, Dutch, 
English,  Finnish,  French,  German,  Greek,  Italian,  Portuguese,  Spanish,  Swedish, 
Czech,  Estonian,  Hungarian,  Lithuanian,  Latvian,  Maltese,  Polish,  Slovak  and 
Slovenian). English and Korean shall be the authentic languages.  

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

Done at……………, in two copies, in the English and Korean languages.  

FOR THE EUROPEAN ATOMIC ENERGY 
COMMUNITY REPRESENTED BY THE 
COMMISSION OF THE EUROPEAN 
COMMUNITIES 

FOR THE GOVERNMENT OF THE 
REPUBLIC OF KOREA 

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ANNEX A 
INTELLECTUAL PROPERTY RIGHTS 

Rights to intellectual property created or furnished under this Agreement shall be allocated as 
follows: 

I. 

Application 

This  Annex  is  applicable  to  all  cooperative  activities  undertaken  pursuant  to  this 
Agreement, except as otherwise specifically agreed. 

II. 

Ownership, Allocation and Exercise of Rights 

A. 

For purposes of this Agreement “Intellectual Property” shall have the meaning 
found  in  Article  2  of  the  Convention  establishing  the  World  Intellectual 
Property Organization, done at Stockholm, 14 July 1967. 

B.  This  Annex  addresses  the  allocation  of  rights,  interests  and  royalties  between 
the Parties. Each Party shall ensure that the other Party 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 such rights, interests and 
royalties between a Party and its nationals, which shall be determined by that 
Party’s laws and practices. 

C.  The  termination  or  expiry  of  this  Agreement  shall  not  affect  the  rights  or 

obligations arising under this Annex. 

D. 

In  the  case  of  cooperative  activities  between  the  Parties,  intellectual 
(1) 
property  arising  from  joint  research,  i.e.,  research  supported  by  both  Parties, 
shall  be  treated  in  a  Technology  Management  Plan  (TMP)  according  to  the 
following principles: 

(a)  The  Parties  shall  notify  each  other  within  a  reasonable  time  of  any 
intellectual  property  rights  arising  under  this  Agreement  (or  relevant 
implementing arrangements). 

(b)  Unless  otherwise  agreed,  rights  and  interests  in  intellectual  property 
created during joint research shall be exploitable by either Party without 
territorial restriction. 

(c)  Each Party shall seek protection for the intellectual property to which it 

obtains rights and interests under the TMP in a timely fashion. 

(d)  Each Party shall have a non-exclusive, irrevocable, royalty-free license to 
use  any  intellectual  property  arising  under  this  Agreement  for  research 
purposes only. 

(e)  Visiting  researchers  having  participated  in  the  creation  of  intellectual 
property  shall  receive  intellectual  property  rights  and  royalty  shares 
earned  by  the  host  institutions  from  licensing  of  such  intellectual 
property rights under the policies of the host institutions. Each Party shall 

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to 

its  own  nationals  with  regard 

accord to the visiting researchers no less favorable treatment than that it 
the 
accords 
aforementioned  intellectual  property  rights  and  royalty  shares.  In 
addition, each visiting researcher named as an inventor shall be entitled 
to  treatment  as  a  national  of  the  host  Party  with  regard  to  awards, 
bonuses, benefits, or any other rewards, in accordance with the policy of 
the  host  institution  and  the  respective  laws  of  the  Parties  applicable 
thereto. 

the  grant  of 

to 

(2) 

In the case of cooperative activities other than joint research which falls 
within the provisions of paragraph II.D.(1), to the extent required by its 
laws and regulations, each Party shall require all its participants to enter 
into specific agreements concerning the implementation of joint research 
activities  and  the  respective  rights  and  obligations  of  the  participants. 
With  respect  to  intellectual  property,  the  agreements  will  normally 
address,  among  other  things,  ownership,  protection,  user  rights  for 
research 
including 
arrangements  for  joint  publication,  the  rights  and  obligations  of  visiting 
researchers and dispute settlement procedures. The agreements may also 
address  other  issues  such  as  access  to  foreground  and  background 
information, licensing and deliverables. 

dissemination, 

exploitation 

purposes, 

and 

E.  While  maintaining  the  conditions  of  competition  in  areas  affected  by  this 
Agreement, each Party shall endeavor to ensure that rights acquired pursuant to 
this Agreement and arrangements made under it are exercised in such a way as 
to  encourage,  in  particular,  (i)  the  use  of  information  created,  or  otherwise 
made available, under this Agreement and its dissemination insofar as this is in 
accordance both with the conditions set out in this Agreement, the provisions 
of  Section  IV  hereof  and  any  rules  which  may  be  in  force  under  the  Parties' 
domestic laws governing the treatment of sensitive or confidential information 
in  the  nuclear  field,  and  (ii)  the  adoption  and  implementation  of  international 
standards. 

III. 

Copyright Works 

In accordance with the terms of this Agreement, copyright belonging to the Parties 
shall be accorded treatment consistent with the Agreement on Trade-Related Aspects 
of Intellectual Property Rights administered by the World Trade Organization. 

IV. 

Scientific Literary Works 

Subject  to  the  treatment  provided  for  undisclosed  information  in  Section  V,  the 
following procedures shall apply: 

A.  Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license 
in  all  countries  to  translate,  reproduce  and  publicly  distribute  information 
contained in scientific and technical journals, articles, reports, books, or other 
media, directly arising from joint research pursuant to this Agreement by or on 
behalf of the Parties. 

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B.  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.  They  shall  also  bear  a  clearly  visible 
acknowledgment of the cooperative support of the Parties. 

V. 

Undisclosed Information 

A.  Documentary Undisclosed Information 

(1)  Each Party shall identify at the earliest  possible  moment  the  information  that 
they wish to remain undisclosed in relation to this Agreement, taking account, inter 
alia, of the following criteria: 

(a) 

(b) 

(c) 

the information is secret in the sense that it is not, as a body or in the precise 
configuration  or  assembly  of  its  components,  generally  known  or  readily 
accessible by lawful means; 

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

the  information  has  been  subject  to  steps  that  were  reasonable  under  the 
circumstances by the person lawfully in control, to maintain its secrecy. 

The Parties 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 this Agreement may not be disclosed. 

(2)  Each Party shall ensure that undisclosed information under this Agreement and 
its  ensuant  privileged  nature  is  readily  recognizable  as  such  by  the  other  Party,  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 or participant receiving undisclosed information pursuant to this agreement 
shall  respect  the  privileged  nature  thereof.  These  limitations  shall  automatically 
terminate when this information is disclosed by the owner without restriction. 

(3)  Undisclosed  information  communicated  under  this  Agreement  may  be 
disseminated  by  the  receiving  Party  to  persons  employed  by  the  receiving  Party, 
including its contractors and other concerned departments of the Party authorized for 
the  specific  purposes  of  the  joint  research  underway,  on  a-need-to-know  basis  and 
provided  that  any  undisclosed  information  so  disseminated  shall  be  protected  in 
accordance  with  this  Annex  and  to  the  extent  provided  by  each  Party's  laws  and 
regulations, and shall be readily recognizable as such, as set out above. 

B.  Non-Documentary Undisclosed Information 

Non-documentary  undisclosed  or  other  confidential  or  privileged  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  designees  according  to  the 
principles specified for documentary information in this Agreement, provided, 
however,  that  the  recipient  of  such  undisclosed  or  other  confidential  or 

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privileged  information  has  been  made  aware  in  writing  of  the  confidential 
character  of  the  information  communicated  not  later  than  the  time  such  a 
communication is made. 

C.  Control 

Each Party shall endeavor to ensure that undisclosed information received by it 
under  this  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 paragraphs A and 
B  above,  it  shall  immediately  inform  the  other  Party.  The  Parties  shall 
thereafter consult to define an appropriate course of action. 

VI. 

Dispute Settlement and New Types and Unforeseen Intellectual Property 

A.  Disputes between the Parties concerning intellectual property shall be resolved 

in accordance with Article X.3 of this Agreement. 

However,  upon  mutual  agreement  of  the  Parties,  such  a  dispute  may  be 
submitted  to  an  international  arbitral  tribunal  for  binding  arbitration  in 
accordance  with  the  applicable  rules  of  international  law.  Unless  otherwise 
agreed, the arbitration rules of UNCITRAL shall govern. 

B. 

In the event either Party concludes that a new type of intellectual property not 
covered in a TMP or agreement between designated entities may result from a 
cooperative  activity  undertaken  pursuant  to  this  Agreement,  or  if  other 
unforeseen difficulties arise, the Parties shall enter into immediate discussions 
with  the object  of  assuring that  the protection, exploitation and dissemination 
of  the  intellectual  property  in  question  are  adequately  provided  for  in  their 
respective territories. 

EN 

14 

   EN