Ⅰ Letter from Mr. David Dean, Chairman of the Board and Managi-
ng Director of American lnstitute in Taiwan, to Mr. Konsin C.
Shah, Representative of Coordination Council for North Ameri-
can Affairs.
September 4,1980
Mr. Konsin C. Shah, Representative
Coordination Council for North
American Affairs
5161 River Road
Washington, D.C. 20016
Dear Mr. Shah:
I refer to discussions between representatives of the American
Institute in Taiwan, hereinafter referred to as "the Institute,"
and representatives of the Coordination Council for North Ameri-
can Affairs, hereinafter referred to as "the Council," and wish
to propose the following general provisions to further scientif-
ic and scholarly cooperation between the people of the United S-
tates of America and the people on Taiwan.
It is agreed that this Agreement succeeds all previous agreemen-
ts, programs and arrangements in scientific and technological c-
ooperation, except those concluded between non-governmental bod-
ies of both sides.
1 The aim of the cooperation will be to increase the contacts a-
nd cooperation between our scientists, engineers, scholars and
institutions of research and higher learning and to provied t-
hem with more frequent opportunities to exchange information,
ideas, skills and techniques, and to attack problems of common
interest.
2 The scope of the cooperation will cover all recognized branch-
es of science and technology including social sciences, and w-
ill include to the extent the Institute and the Council agree
thereon: cooperation between institutions; exchange of scient-
ists, engineers and scholars; pursuit of joint research proje-
cts; consultations; exchange of information; and discussion a-
nd planning of cooperative activity between the scientists, e-
ngineers and scholars of the two sides.
3 Responsibility for ensuring proper coordination and implement-
ation of the programs under this Agreement, including in appr-
opriate cases the encouragement of the particpation of scient-
ists, engineers, scholars, agencies or institutions of third
parties in particular joint programs, will be vested in the I-
nstitute and the Council. These two entities will work in clo-
se consultation for the planning, reviewing and implementation
of the joint programs. This will be effected by periodic meet-
ings as mutually agreed. In carrying out these responsibiliti-
es the Institute and the Council may utilize the services of
advisers, consultants and contractors as necessary to accompl-
ish the purposes of the agreement and to continue the satisfa-
ctory and mutually beneficial cooperative science program whi-
ch both sides have had under previous agreements. Copies of c-
ontracts between the Institute and the Council and their resp-
ective principal contractors will be made mutually available.
4 The Institute and the Council will facilitate the entry into
and exit from the United States and Taiwan Of persons and equ-
ipment involved in programs indicated pursuant to the Agreeme-
nt. Equipment shall be admitted free of customs charges.
5 Information derived from the programs undertaken under this A-
greement shall be made available to the world scientific comm-
unity through customary channels and in accordance with the n-
ormal procedures of the participating entities.
6 Any patent rights that arise under this Agreement shall be su-
bject to the following provisions: (1) The Institute, and its
designated advisers, consultants and contractors, shall have
and dispose of all patent rights within the United States ; (2
) the Council, and its designated advisers, consultants, and
contractors, shall have and dispose of all patent rights with-
in Taiwan; and (3) either the Institute or the Council, or th-
eir designated advisers, consultants and contractors, may see-
k patent rights in other countries provided that any entity t-
hat obtains patent protection in other countries shall make an
offer through either the Institute or the Council to the other
party to share equitably in the costs and benefits of such ri-
ghts in other countries; and (4) patents that are obtained in
the United States or Taiwan hereunder shall be subject to roy-
altyfree nonexclusive and assignable licenses to the other pa-
rty.
7 Each side shall normally bear the costs incurred in the disch-
arging of its respective responsibilities under the joint pro-
grams, including the costs of its participating scientists, e-
ngineers and scholars; in exceptional cases the costs for a p-
articular joint program shall be borne according to special a-
rrangements mutually agreed upon. The obligations of the Inst-
itute and the Council under any program shall be subject to t-
he availability of funds.
This letter and your reply confirming the contents thereof on
behalf of the Council will constitute an Agreement between the
Institute and the Council. The Agreement shall enter into for-
ce on the date of your letter in reply and remain in force for
five years unless terminated earlier by either party upon six
months' written notice to the other party. It may be extended
or amended by mutual written agreement of the two parties. The
termination of the Agreement shall not affect the avlidity of
any programs already in progress hereunder.
Sincerely,
(Signed)
David Dean
Chairman of the Board
and Managing Director
Ⅱ Letter from Mr. Konsin C. Shah, Representative of Coordinati-
on Council for North American Affairs, to Mr. David Dean, Ch-
airman of the Board and Managing Director of American Instit-
ute in Taiwan.
September 4,1980
Mr. David Dean
Chairman of the Board
and Managing Director
American Institute in Taiwan
1700 North Moore Street, 17th Floor
Arlington, AV 22209
Dear Mr. Dean:
I have the honor to acknowledge receipt of your letter dated S-
eptember 4,1980 which reads as follows:
"I refer to discussions between representatives of the American
Institute in Taiwan, hereinafter referred to as "the Institute",
and representatives of the Coordination Council for North Ameri-
can Affairs, hereinafter referred to as "the Council", and wish
to propose the following general provisions to further scientif-
ic and scholarly cooperation between the people of the United S-
tates of America and the people on Taiwan.
It is agreed that this Agreement succeeds all previous agreemen-
ts, programs and arrangements in scientific and technological c-
ooperation, except those concluded between non-governmental bod-
ies of both sides.
1 The aim of the cooperation will be to increase the contacts a-
nd cooperation between our scientists, engineers, scholars and
institutions of research and higher learning and to provide t-
hem with more frequent opportunities to exchange information,
ideas, skills and techniques, and to attack problems of common
interest.
2 The scope of the cooperation will cover all recognized branch-
es of science and technology including social sciences, and w-
ill include to the extent the Institute and the Council agree
thereon: cooperation between institutions; exchange of scient-
ists, engineers and scholars; pursuit of joint research proje-
cts; consultaion; exchange of information; and discussion and
planning of cooperative activity between the scientists, engi-
neers and scholars of the two sides.
3 Responsibility for ensuring proper coordination, and implemen-
ttion of the programs under this Agreement, including in appr-
opriate cases the encouragement of the participation of scien-
tists, engineers, scholars, agencies or institutions of third
parties in particular joint programs, will be vested in the I-
nstitute and the Council. These two entities will work in clo-
se consultation for the planning, reviewing and implementation
of the joint programs. This will be effected by periodic meet-
ings as mutually agreed. In carrying out these responsibiliti-
es the Institute and the Council may utilize the services of
advisers, consultants and contractors as necessary to accompl-
ish the purposes of the Agreement and to continue the satisfa-
ctory and mutually beneficial cooperative science program whi-
ch both sides have had under previous agreements. Copies of c-
ontracts between the Institute and the Council and their resp-
ective principal contractors will be made mutually available.
4 The Institute and the Council will facilitate the entry into
and exit from the United States and Taiwan of persons and equ-
ipment involved in programs indicated pursuant to the Agreeme-
nt. Equipment shall be admitted free of customs charges.
5 Information derived from the programs undertaken under this A-
greement shall be made available to the world scientific comm-
unity through customary channels and in accordance with the n-
ormal procedures of the participating entities.
6 Any patent rights that arise under this Agreement shall be su-
bject to the following provisions: (1) the Institute, and its
designated advisers, consultants, and contractors, shall have
and dispose off all patent rights within the United States, (2
) the Council, and its designated advisers, consultants and c-
ontractors, shall have and dispose of all patent rights within
Taiwan, (3) either the Institute or the Council, or their des-
ignated advisers, consultants and contractors, may seek patent
rights in other countries provided that any entity that obtai-
ns patent protection in other countries shall make an offer t-
hrough either the Institute or the Council to the other party
to share equitably in the costs and benefits of such rights
in other countries, and (4) patents that are obtained in the
United States or Taiwan hereunder shall be subject to royalty-
free nonexclusive and assign able licenses to the other party.
7 Each side shall normally bear the costs incurred in the disch-
arging of its respective responsibilities under the joint pro-
grams, including the costs of its participating scientists, e-
ngineers and scholars; in exceptional cases the costs for a p-
articular joint program shall be borne according to special a-
rrangements mutually agreed upon. The obligations of the Inst-
itute and the Council under any program shall be subject to t-
he availability of funds. This letter and your replt confirmi-
ng the contents thereof on behalf of the Council will constit-
ute an Agreement between the Institute and the Council. The A-
greement shall enter into force on the date of your letter in
reply and remain in force for five years unless terminated ea-
rlier by either party upon six month's written notice to the
other party. It may be extended or amended by mutual written
agreement of the two parties. The termination of the Agreement
shall not affect the validity of any programs already in prog-
ress hereunder."
In reply I have the honor to accept, on behalf of our Council,
the foregoing understandings and to confirm that the aforesaid
letter and this reply shall constitute an Agreement between t-
he institute and the Council.
Sincerely yours,
(Signed)
Konsin C. Shah
Representative