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 Federative Republic of Brazil in the field of fusion energy research
Date: 2009-09-16
Institutions: European Commission
Subjects: Brazil, EAEC, cooperation agreement, energy research, nuclear energy, nuclear fuel, nuclear fusion, nuclear research

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.9.2009 
COM(2009) 480 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 Federative Republic 
of Brazil 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  represented  by  the  Commission  of  the  European  Communities 
and  the  Government  of  the  Federative  Republic  of  Brazil  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 Federative Republic of Brazil, in the field of fusion energy research were 
approved by the Council on 22 July 2008. 

The directives were based on a draft Agreement, which was discussed 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 adopts, 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 
Government of the Federative Republic of Brazil in the field of fusion energy research. 

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2 

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 Federative Republic 
of Brazil 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 Federative Republic of Brazil 
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  Federative  Republic  of  Brazil  in  the  field  of  fusion 
energy research, is hereby approved. 

The text of the Agreement is annexed to this decision. 

Done at Brussels, […..2009] 

For the Council 
The President 

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ANNEX  

AGREEMENT FOR COOPERATION 

BETWEEN 

THE EUROPEAN ATOMIC ENERGY COMMUNITY 

AND 

THE GOVERNEMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL  

IN THE FIELD OF FUSION ENERGY RESEARCH 

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The  Government  of  the  Federative  Republic  of  Brazil  and  the  European  Atomic  Energy 
Community (EURATOM) (hereinafter referred to as “the Parties”), 

Considering that in the Agreement for Scientific and Technological cooperation between the 
Government of the Federative Republic of Brazil and the European Community, celebrated on 
19 January 2004, the Parties undertake to promote cooperation in the field of research and of 
technological development activities; 

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. 

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

Article II 
Areas of Cooperation 

(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. 

Article III 
Forms of Cooperation 

1. 

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

(a) 

(b) 

exchange  and  provision  of  information  and  data  on  scientific  and  technical 
activities, events, practices and results, and on programme 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; 

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(c) 

(d) 

(e) 

(f) 

(g) 

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. 

As appropriate, the Parties shall coordinate the activities under this Agreement with 
other international activities of fusion energy research and development, 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. 

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 Federative Republic of Brazil 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 that are within the scope of this Agreement. The Executive Secretaries 
shall be responsible for the routine 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  also 
approve, when necessary, a Project Plan under this Agreement. 

2. 

1. 

2. 

3. 

4. 

1. 

2. 

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3. 

1. 

2. 

3. 

Each  Project  Plan  shall  list  the  entities  designated  to  implement  the  project,  and 
include  detailed  provisions  for  the  implementation  of  the  cooperative  activity, 
including  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  the  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 cooperative activities under this Agreement. 

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

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

(a) 

each Party shall ensure the selection of qualified personnel with the skills and 
competence necessary to conduct the activities planned under this Agreement. 
The 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; 

(b) 

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

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(c) 

(d) 

(e) 

(f) 

(g) 

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

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

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

each  Party  shall  ensure  that  the  exchanged  personnel  shall  comply  with  the 
general  rules  regarding  work  and  with  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, Materials and Spare Parts 

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 to the shipment 
and use of the equipment, etc.: 

(a) 

(b) 

(c) 

(d) 

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,  and  other  necessary 
resources, in accordance with technical requirements, which shall be mutually 
agreed by the Parties. 

Article X 
General Provisions 

1. 

2. 

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

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3. 

4. 

1. 

2. 

3. 

4. 

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  of  the  last  written  notification  in 
which  the  Parties  inform  each  other  that  their  respective  internal  procedures 
necessary for its entry into force have been completed, and shall remain in force for 
five (5) years, being automatically renewed for additional periods of five (5) years, 
unless one Party notifies the other Party in writing of its intention to terminate this 
Agreement. 

This  Agreement  may  be  amended  by  written  agreement  of  the  Parties.  The 
amendments shall come into force on the date of the last written notification in which 
the Parties inform each other that their respective internal  procedures necessary for 
the entry into force of an amendment have been completed. 

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

Either Party may terminate this Agreement and any Project Plan at any time, upon a 
notification  in  writing  to  the  other  Party.  The  termination  shall  be  effective  six  (6) 
months after the date of receipt of the notification, 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. 

Signed  at  ………………………..on.....of.....of  2009,  in  duplicates,  in  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. 

FOR THE GOVERNMENT OF THE 
FEDERATIVE REPUBLIC OF 
BRAZIL 

FOR THE EUROPEAN ATOMIC 
ENERGY COMMUNITY 

_____________________________ 

_____________________________ 

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ANNEX A 
INTELLECTUAL PROPERTY RIGHTS 

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

I. 

II. 

Application 
This  Annex  is  applicable  to  all  cooperative  activities  undertaken  under  this 
Agreement, except as otherwise specifically agreed. 
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  or  their  implementing  agencies  designated  under  the  terms  of 
Article V. Each Party shall ensure that the other Party may obtain the rights to 
intellectual property allocated to it or to the implementing agencies designated 
under the terms of Article V 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 

D. 

obligations arising under this Annex. 
(1) 
In  the  case  of  cooperative  activities  between  the  Parties  or  between 
implementing  agencies  designated  under  the  terms  of  Article  V,  intellectual 
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 or their implementing agencies designated under the terms of 
Article  V  shall  notify  each  other  within  a  reasonable  time  of  any 
intellectual property rights arising under this Agreement; 

c) 

d) 

b)  Unless  otherwise  agreed,  rights,  royalties  and  interests  in  intellectual 
property created during joint research shall be exploitable by either Party 
or by their implementing agencies designated under the terms of Article 
V without territorial restriction; 
Each Party or implementing agency designated under the terms of Article 
V  shall  seek  protection  for  the  intellectual  property  to  which  it  obtains 
rights and interests under the TMP in a timely fashion; 
Each Party or implementing agency designated under the terms of Article 
V shall have a non-exclusive, irrevocable, royalty-free license to use any 
intellectual property arising under this Agreement for research purposes 
only, in accordance with the respective applicable laws of the Parties. 
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 
accord to the visiting researchers no less favorable treatment than that it 
accords 
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, 

its  own  nationals  with  regard 

the  grant  of 

to 

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(2) 

bonuses, benefits, or any other rewards, in accordance with the policy of 
the  host  institution  and  the  respective  laws  of  the  Parties  applicable 
thereto. 

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 
things, 
the  agreements  will  normally  address,  among  other 
property, 
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 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. 

Copyright Works 
In accordance with the terms of this Agreement, copyright belonging to the Parties or 
to  the  implementing  agencies  designated  under  the  terms  of  Article  V  shall  be 
accorded  treatment  consistent  with  the  Agreement  on  Trade-Related  Aspects  of 
Intellectual Property Rights administered by the World Trade Organisation. 
Scientific Literary Works 
Subject  to  the  treatment  provided  for  undisclosed  information  in  Section  V,  the 
following procedures shall apply: 
A.  Each  Party  or  implementing  agency  designated  under  the  terms  of  Article  V 
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  copyrighted  work  prepared  under  this  provision  shall  respect  the  author's 
moral rights accordingly to article 6 Bis of Berne Convention. They shall also 
bear a clearly visible acknowledgment of the cooperative support of the Parties. 

III. 

IV. 

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 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 or Unforeseen Types of Intellectual Property 

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A.  Disputes between the Parties concerning intellectual property shall be resolved 
in accordance with Article X, paragraph 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 
in  order  to  assure  that  the  protection,  exploitation  and  dissemination  of  the 
intellectual property in question are adequately provided for in their respective 
territories, in accordance with their national legislation. 

EN 

13 

   EN