Proposal for a Council Decision on the conclusion, by the Commission, of the Agreement for co-operation between the European Atomic Energy Community and the Government of the Republic of India in the field of fusion energy research.
Date: 2009-05-29
Institutions: European Commission
Subjects: EAEC, India, cooperation agreement (EU), energy research, nuclear energy, nuclear fusion

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.5.2009 
COM(2009) 251 final 

Proposal for a 

COUNCIL DECISION 

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

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EXPLANATORY MEMORANDUM 

Subject: Conclusion, by the Commission, pursuant to the second paragraph of article 101 of 
the Treaty establishing the EAEC, of the Agreement for co-operation between the European 
Atomic Energy Community and the Government of the Republic of India in the field of fusion 
energy research. 

Directives  for  the  Commission  to  conduct  negotiations  on  an  Agreement  (the  "Agreement") 
for  co-operation  between  the  European  Atomic  Energy  Community  (EURATOM)  and  the 
Government of the Republic of India, in the field of fusion energy research and development 
were approved by the Council on 22 July 2008. 

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 approval of 
the directives as a point A Decision by the Council. No substantial change has been made to 
this draft Agreement during the negotiations.  

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: 

technically  compatible  with  the  scientific  and  technological  objectives  relevant  to  nuclear 
fusion  research  as  laid  down  in  the  Council  Decision  of  18  December  2006  concerning  the 
Seventh  Framework  Programme  of  the  EAEC  for  nuclear  research  and  training  activities 
(2007-2011)1, 

financially compatible with the financial reference amount for fusion in the same Decision of 
18 December 2006, 

in  agreement  with  the  scientific  and  technological  objectives  of  the  fusion  energy  research 
thematic priority area as laid down in the Council Decision of 19 December 20062 concerning 
the Specific Programme  implementing  the  Seventh Framework Programme  of the European 
Atomic Energy Community (EURATOM) for nuclear research and training activities (2007-
2011). 

The proposed Agreement will not have financial consequences for the Community budget as 
all  cooperative  activities  under  this  agreement  will  be  in  fields  that  are  part  of  the  EU 
programmes, and as such will be 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 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 adopt, in application of the 
second  paragraph  of  article  101  of  the  Treaty  establishing  the  EAEC,  the  annexed  draft 
proposal  for  a  Council  Decision  concerning  the  conclusion,  by  the  Commission,  of  an 
Agreement  for  co-operation  between  the  European  Atomic  Energy  Community  and  the 
the  field  of  fusion  energy  research.
in 
Government  of 

the  Republic  of  India 

1 
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O.J. n° L400, 30.12.2006 p.60. 
O.J. n° L400, 30.12.2006, p. 404. 

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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 and the Government of the Republic of India 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  22  July  2008, 
conducted  negotiations  on  an  Agreement  for  co-operation  between  the  European 
Atomic Energy Community and the Government of the Republic of India 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  European  Atomic  Energy 
Community,  of  the  Agreement  for  co-operation  between  the  European  Atomic  Energy 
Community  and  the  Government  of  the  Republic  of  India  in  the  field  of  fusion  energy 
research, is hereby approved. 

The text of the Agreement is annexed to this decision. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

AGREEMENT FOR COOPERATION 

BETWEEN 

THE EUROPEAN ATOMIC ENERGY COMMUNITY 

AND 

THE GOVERNEMENT OF THE REPUBLIC OF INDIA 

IN THE FIELD OF FUSION ENERGY RESEARCH 

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The European Atomic Energy Community (EURATOM) and the Government of the Republic 
of India (hereinafter referred to collectively as "the Parties"); 

Whereas in the Cooperation Agreement between the European Community and the Republic 
of  India  on  partnership  and  development  concluded  on  20  December  1993  the  Parties 
undertake to promote cooperation in the field of energy and the protection of the environment;  

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. 

b. 

c. 

d. 

e. 

f. 

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

alternatives to tokamaks; 

magnetic fusion energy technology; 

plasma theory and applied plasma physics; 

programme policies and plans; and 

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

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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; 

organisation  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. 

The Parties shall coordinate the activities, as appropriate, under this Agreement, with 
other international fusion research and development activities, in order to minimise 
duplication  of  effort.  Nothing  in  this  Agreement  shall  be  construed  to  prejudice 
existing or future arrangements for cooperation between the Parties. 

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 India 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  draw  plan  of  cooperative  activity,  approve  and 
review the progress of ongoing cooperative activities under this Agreement. It shall 
also coordinate, propose, 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. 

2. 

1. 

2. 

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3. 

4. 

1. 

2. 

3. 

1. 

2. 

3. 

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. 

The  Parties  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, 

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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. 

f. 

g. 

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); 

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. 

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 

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d. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

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. 

Article XI 

Duration, Amendment and Termination 

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  the  Bulgarian,  Czech,  Danish,  Dutch, 
English,  Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Lithuanian, 
Latvian,  Maltese,  Polish,  Portuguese,  Romanian,  Slovak,  Slovenian,  Spanish  and 
Swedish languages, each text being equally authentic. 

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

Done at ………………………..this………..day of……………………, XXXX,  

FOR THE GOVERNMENT OF THE 

FOR THE EUROPEAN ATOMIC ENERGY 

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REPUBLIC OF INDIA: 

COMMUNITY: 

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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 Organisation, 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) 

(b) 

(c) 

(d) 

(e) 

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

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

Each Party shall seek protection for the intellectual property to which 
it obtains rights and interests under the TMP in a timely fashion. 

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

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  accord  to  the  visiting  researchers  no  less  favourable  treatment 
than that it accords to its own nationals with regard to the grant of the 
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 

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the policy of the host institution and the respective laws of the Parties 
applicable thereto. 

(2) 

In  the  cases  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, 
things, 
the  agreements  will  normally  address,  among  other 
ownership,  protection,  user  rights  for  research  purposes,  exploitation  and 
dissemination,  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. 

E.  While  maintaining  the  conditions  of  competition  in  areas  affected  by  this 
Agreement, each Party shall endeavour 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 applicable 
laws  of  the  Parties  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 Organisation. 

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. 

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: 

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(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. 

Each  Party  shall  ensure  that  undisclosed  information  under  this  Agreement 
and its ensuing privileged nature is readily recognisable 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. 

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 
authorised  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 
recognisable as such, as set out above. 

(2) 

(3) 

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 
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 endeavour 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 

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A.  Disputes between the Parties concerning intellectual property shall be resolved 
in  accordance  with  Article  X,  3.  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. 

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