Agreement on the Scientific and Technological Cooperation between the European Community and the Government of the Republic of Korea
Date: 2006-11-22
Institutions: European Community, South Korea
Subjects: South Korea, cooperation agreement (EU), research and development, scientific cooperation, scientific research, technical cooperation

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on the Scientific and Technological Cooperation between the European Community and the
Government of the Republic of Korea

AGREEMENT

THE EUROPEAN COMMUNITY,

(hereinafter referred to as the Community), and

THE GOVERNMENT OF THE REPUBLIC OF KOREA,

(hereinafter referred to as Korea),

(hereinafter jointly referred to as the Parties);

CONSIDERING that the Community and Korea are pursuing research, technological development and demonstration
activities in a number of areas of common interest, and being aware of the rapid expansion of scientific knowledge and
its positive contribution in promoting bilateral and international cooperation;

WISHING to broaden the scope of scientific and technological cooperation in a number of areas of common interest
through the creation of a productive partnership for peaceful purposes and mutual benefits;

NOTING that such cooperation and the application of the results of such cooperation will contribute to the economic
and social development of the Parties; and

DESIRING to establish a formal framework to implement the overall cooperative activities that will strengthen coop-
eration in science and technology between the Parties,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose and principles

1.
The Parties shall encourage, develop and facilitate coop-
erative activities under this Agreement in the areas of science
and technology for peaceful purposes, in accordance with this
agreement and the laws and regulations of both Parties.

Article 2

Definitions

For the purpose of this Agreement:

1.

‘direct cooperative activities’ mean cooperative activities
between the Parties;

The cooperative activities under this Agreement shall be

2.
carried out on the basis of the following principles:

2.

(a) Mutual and equitable contributions and benefits;

(b) Mutual access of

the research and technological devel-
opment programmes, projects and facilities of each Party
by visiting researchers of the other Party;

‘indirect cooperative activities’ mean activities between legal
entities established in Korea and the Community through the
participation of Korean legal entities in the Community
Framework Programme under Article 166 of
the Treaty
establishing the European Community (hereinafter referred
to as the Framework Programme) and the reciprocal partici-
pation of the legal entities established in the Community in
Korean research programmes or projects in science and tech-
nology fields similar to those covered by the Framework
Programme;

(c) Timely exchange of information which may concern coop-

erative activities;

(d) Promotion of a knowledge-based society for the benefit of
an economic and social development of the Parties; and

(e) Protection of intellectual property rights in accordance with

Annex II of this Agreement.

3.

‘cooperative activities’ include both direct and indirect coop-
erative activities;

4.

‘legal entity’ means any natural person or any legal person
created under the national law of its place of establishment
or under Community law, having legal personality and being
entitled to the rights and subjected to the obligations of any
kind in its own name.

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Article 3

Article 5

Cooperative activities

Enhancement of cooperation

The direct cooperative activities under this Agreement

1.
may include:

(a) Meetings of various forms,

including those of experts, to
discuss and exchange information on scientific and techno-
logical topics of a general or specific nature and to identify
research and development projects and programmes that
may be undertaken on a cooperative basis;

(b) Exchange of

information on activities, policies, practices,
laws and regulations concerning research and development;

1.
Each Party shall make every effort to accord with the legal
entities carrying out cooperative activities under this Agreement,
all potential facilities with a view of facilitating the works and
visits of researchers participating in these cooperative activities
along with the entry and exit from its territory of materials, data
and equipments intended for use in these cooperative activities.

the Parties may allow,

this
2. With regard to the cooperative activities under
Agreement,
if appropriate and for
peaceful purposes, the participation of researchers and organi-
sations from all sectors of the research establishment including
the private sector.

(c) Visits and exchanges of scientists, technical personnel and

other experts on general or specific subjects;

(d) Implementation of cooperative projects and programmes
which may be decided upon by the Joint Committee,
referred to in Article 6 in accordance with the respective
laws and regulations of the Parties; and

(e) Other forms of activities in the areas of science and tech-
nology, which may be decided upon by the
Joint
Committee, referred to in Article 6 in accordance with the
respective laws and regulations of the Parties.

For

cooperative
the purpose of developing indirect
2.
activities, and subject to the Annexes to this agreement, any
legal entity established in Korea or the Community may parti-
cipate in research programmes or projects operated by the other
Party and opened to its legal entities, in accordance with the
respective laws and regulations of the Parties.

Article 6

Joint Committee

1.
The coordination and facilitation of cooperative activities
under this Agreement shall be carried out, on behalf of Korea,
by the Ministries of Korea responsible for Science and Tech-
nology and, on behalf of the Community, by the services of the
Commission of the European Communities (Directorate General
for Science, Research and Development), who shall be acting as
executive agents.

2.
For the purpose of ensuring the effective implementation
of this Agreement, the executive agents shall establish a Joint
Committee on Scientific and Technological Cooperation (here-
inafter referred to as the Joint Committee). The Joint Committee
shall consist of official representatives of each Party and shall be
co-chaired by the representatives of both Parties. The Joint
Committee shall establish its own rules of procedure by
mutual consent.

3.

The functions of the Joint Committee shall be:

Article 4

logical policy issues;

1. Exchanging views and information on scientific and techno-

Implementation procedures

1.
Implementation of arrangements, which set
details and procedures of cooperative activities under
Agreement, may be concluded between the Parties.

forth the
this

2.
Each Party may delegate the implementation of scientific
and technological cooperative activities of the Parties to specific
institutions for direct implementation or support of scientific
and technological cooperative activities between the Parties.

Scientific and technological cooperative activities not
3.
based on specific agreements
that have been encouraged,
developed and facilitated by the Parties and have been
commenced and not completed by the date of entry into
force of
this
Agreement as of that date.

this Agreement, shall be incorporated under

2. Reviewing and discussing the cooperative activities and

accomplishments under this Agreement;

3. Making recommendations to the Parties with regard to the
implementation of this Agreement, which may include the
identification and proposal of
the cooperative activities
hereunder and the encouragement of their implementation;

4. Providing a report

and the

to the Parties on the status,

the
achievements
cooperative
activities under this Agreement. This report shall be trans-
the
mitted to the EU-Korea
Framework Agreement for Trade and Cooperation.

Joint Committee under

effectiveness of

the

Decisions of the Joint Committee shall be reached by

4.
mutual consent.

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The expenses of participant for the meetings of the Joint
5.
Committee, such as travel costs and accommodation shall be
borne by the Parties to whom they relate. Any other costs
associated with these meetings shall be borne by the host Party.

6.
The Joint Committee shall meet alternately in Korea and
the Community with the time of the meetings arranged upon
mutual agreement, preferably annually.

Article 7

Funding

Implementation of this Agreement shall be subject to the
1.
availability of appropriated funds and the applicable laws and
regulations of each Party.

The

this
2.
Agreement shall be borne as decided upon by mutual consent.

activities under

cooperative

costs of

the

3. When specific cooperative schemes of one Party provide
financial support to the participants from the other Party, any
grants and financial or other contributions from one Party to
the participants of the other Party in support of those activities
shall be granted tax and customs exemption in accordance with
the relevant laws and regulations in force in the territories of
each Party at the time such grants and financial or other contri-
butions are made.

Article 8

Information and intellectual property rights

Scientific

and technological

1.
a non-
proprietary nature arising from direct cooperative activities
may be made available to the public by either Party through
customary channels
and in accordance with its general
procedures.

information of

Intellectual property rights and other proprietary rights
2.
created or introduced in the course of the cooperative activities
under this Agreement shall be treated in accordance with the
provisions of Annex II of this Agreement.

Article 9

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 Korea. This shall not
prevent the conduct of cooperative activities in the high seas,
in accordance
outer space or the territory of third countries,
with international law.

Article 10

Dispute settlement

1.
The provisions of this Agreement shall not prejudice the
rights and obligations of existing and/or future agreements on
cooperation between the Parties or between the Governments of

any Member State of the Community and the Government of
Korea.

2.
All questions or disputes related to the interpretation or
implementation of this Agreement shall be settled by consul-
tation between the Parties.

Article 11

Annexes

Annexes I (on terms and conditions for participation) and II (on
intellectual property rights) constitute an integral part of this
Agreement.

Article 12

Entry into force and termination

1.
This Agreement shall enter into force on the date on
which the Parties exchange diplomatic notes informing each
other of the completion of their respective internal procedures
necessary for the entry into force of this Agreement.

2.
This Agreement shall remain in force for five years and
shall continue to be in force thereafter unless terminated by
either Party.

3.
At the end of the initial five-year period or at any time
later, this Agreement may be terminated through written notice,
at least six months in advance to the other Party.

4.
Each Party may evaluate the impact and activities of this
Agreement every five years. Each Party shall make every effort
to facilitate the evaluation conducted by the other Party and the
inform the other
Party which conducts the evaluation shall
Party of the evaluation results.

the Parties

This Agreement may be amended with the mutual consent
5.
through the exchange of diplomatic notes.
of
Amendments
same
procedure as mentioned in paragraph 1, except as otherwise
agreed by the Parties.

following the

into force

enter

shall

this Agreement

The termination of

6.
shall be without
prejudice to the cooperative activities undertaken under this
Agreement and not fully executed at the time of the termination
of this Agreement or to any specific rights and obligations that
to this
have
Agreement.

accrued in compliance with the Annexes

IN WITNESS WHEREOF, the undersigned, being duly authorised
thereto by the European Community and the Government of
the Republic of Korea respectively, have signed this Agreement.

DONE in duplicate at Brussels on the twenty-second day of
November in the year two thousand and six,
in the Czech,
Danish, Dutch, English, Estonian, Finnish, French, German,
Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
Portuguese, Slovak, Slovenian, Spanish, Swedish and Korean
languages, each text being equally authentic.

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Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα

For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Kominità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Communidade Europeia
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar

Por el Gobierno de la República de Corea
Za vládu Korejské republiky
For Republikken Koreas regering
Für die Regierung der Republik Korea
Korea Vabariigi Valitsuse nimel
Για την Κυβέρνηση της Δημοκρατίας της Κορέας

For the Government of the Republic of Korea
Pour le gouvernement de la République de Corée
Per il governo della Repubblica di Corea
Korejas Republikas vārdā
Korėjos Respublikos Vyriausybės vardu
A Koreai Köztársaság kormánya részéről
Għall-Gvern tar-Repubblíka tal-Korea
Voor de Regering van de Republiek Korea
W imieniu Rządu Republiki Korei
Pelo Governo da República da Coreia
Za vládu Kórejskej republiky
Za Vlado Republike Koreje
Korean tasavallan hallituksen puolesta
På Republiken Koreas regerings vägnar

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ANNEX I

Terms and conditions for the participation of legal entities established in the European Community and Korea

Within the framework of this Agreement, in case one Party concludes a contract with a legal entity of the other Party for
an indirect cooperative activity, the other Party, upon request, shall endeavour to provide any reasonable and feasible
assistance as may be necessary or helpful to the former Party for smooth implementation of such contract.

1. TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES ESTABLISHED IN KOREA IN
INDIRECT COOPERATIVE ACTIVITIES UNDER THE RESEARCH FRAMEWORK PROGRAMME OF THE
COMMUNITY (HEARINAFTER REFERRED TO AS ‘THE FRAMEWORK PROGRAMME’)

(a) Legal entities established in Korea may participate in indirect cooperative activities under the Framework
Programme of the European Community for research, technological development and demonstration activities
subject to the conditions and limitations laid down in the Regulation of the European Parliament and the Council
concerning the rules for participation of undertakings, research centres and universities and for the dissemination
of research results for the implementation of the framework programme of the European Community.

(b) Without prejudice to paragraph (a), the participation of legal entities established in Korea for indirect cooperative

activities under the Framework Programmes shall be in accordance with the Rules.

2. TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES ESTABLISHED IN THE

EUROPEAN COMMUNITY IN KOREA'S RESEARCH PROGRAMMES AND PROJECTS

(a) Legal entities established in the Community may participate in the research and development projects or

programmes funded by the Korean Government.

(b) Legal entities established in the Community shall participate in Korea's research and development projects or
programmes in accordance with the relevant laws and regulations of Korea and the relevant rules of participation
in such projects or programmes.

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ANNEX II

Principles concerning the allocation of intellectual property rights

1. DEFINITION

For the purpose of this Agreement, ‘intellectual property’ shall have the meaning given in Article 2 of the Convention
establishing the World Intellectual Property Organisation, done at Stockholm on 14 July 1967.

2. INTELLECTUAL PROPERTY RIGHTS OF THE PARTIES IN DIRECT COOPERATIVE ACTIVITIES

(a) Except if otherwise specifically agreed by the Parties, the following rules shall apply to intellectual property rights,
except copyrights and related rights, generated by the Parties in the course of direct cooperative activities carried
out under Article 3.1 of this Agreement:

1. The Party generating intellectual property shall have full ownership. In case the intellectual property has been
jointly generated and the respective share of the work by the two Parties cannot be ascertained, the Parties shall
have joint ownership of the intellectual property;

2. The Party owning the intellectual property shall grant the other Party the access rights to carry out any direct

cooperative activities. Such access rights shall be granted on a royalty-free basis.

(b) Except if otherwise specifically agreed by the Parties, the following rules shall apply to copyrights and related rights

of the Parties:

1. When a Party publishes scientific and technical data,

information or results by means of journals, articles,
reports, books or in other forms, including video tapes and software, arising from and relating to cooperative
activities under this Agreement, the Party shall make utmost efforts to obtain, for the other Party, non-exclusive,
irrevocable, royalty-free licences in all countries where copyright protection is available, in order to translate,
reproduce, adapt, transmit and publicly distribute such works;

2. All publicly distributed copies of a copyrighted work under the provisions of paragraph (b)(1) shall indicate the
name(s) of the author(s) of the work unless the author(s) explicitly declines to be named. They shall also display
a clearly visible acknowledgement of the cooperative support of the Parties.

(c) Except if otherwise specifically agreed by the Parties, the following rules shall apply to the undisclosed information

of the Parties:

1. When communicating to the other Party on the information necessary to carry out direct cooperative activities,

each Party shall identify the information which it wishes to remain undisclosed;

2. The Party receiving the information may, under its own responsibility, communicate undisclosed information to
its agencies or persons employed through these agencies for the specific purposes of implementing this
Agreement.

3. With the prior written consent of the Party providing the undisclosed information, the other Party may
disseminate such undisclosed information more widely than otherwise permitted in paragraph (c)(2). The
Parties shall cooperate with each other in developing procedures to request and obtain prior written consent
for such wider dissemination, and each Party shall grant such approval to the extent permitted by its laws and
regulations;

4. Information arising from seminars, meetings, assignments of staff and of the use of facilities arranged under this
Agreement shall remain confidential when the recipient of such information is requested by its provider to
protect its confidential or privileged character at the time such communication is made, according to paragraph
(c)(1);

5. If one Party becomes aware that it will be, or may be reasonably expected to become, unable to meet the
restrictions and conditions of dissemination of Article 2(c), it shall immediately inform the other Party. The
Parties shall thereafter consult to define an appropriate course of action.

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3. INTELLECTUAL PROPERTY RIGHTS OF LEGAL ENTITIES OF THE PARTIES IN INDIRECT COOPERATIVE

ACTIVITIES

(a) Each Party shall ensure that the intellectual property rights of legal entities of one Party, participating in the
research and development programmes operated by the other Party, and the related rights and obligations arising
from such participation, shall be consistent with the relevant laws and regulations and international conventions,
including the Agreement on Trade-Related Aspects of Intellectual Property Rights, Annex 1C of the Marrakech
Agreement Establishing the World Trade Organisation as well as the Paris Act of 24th July 1971 of the Berne
Convention for the Protection of Literary and Artistic Works and the Stockholm Act of 14th July 1967 of the
Paris Convention for the Protection of Industrial Property.

(b) Each Party shall ensure that, under its applicable laws and regulations, the legal entities of one Party, participating
in the research and development programmes operated by the other Party, shall have the same rights and
obligations with regard to intellectual property as possessed by the legal entities of the other Party,
in the
same indirect cooperative activity.