Article Ⅰ
Background
This Amendment to the 1986 Guidelines for the Cooperative Progr-
am in Agricultural Sciences Between the American Institute in T-
aiwan (AIT) and the Taipei Economic and Cultural Representative
Office in the United States (TECRO) is designed to further coop-
eration between scientists from the United States and Taiwan pu-
rsuant to the Agreement dated September 4, 1980 between the AIT
and the Coordinating Council for North American Affairs (CCNAA),
presently TECRO. The "Taiwan Relations Act" (Public Law 96-8, A-
pril 10, 1979) authorizes the continuation of commercial, cultu-
ral and other relations between the people of the United States
and the people on Taiwan. Such relations are conducted by or th-
rough AIT and TECRO. AIT works in association with its designat-
ed representative, the United Sates Department of Agriculture (U
SDA) in Washington, D.C., in administering this cooperative pro-
gram, while TECRO performs a similar function in affiliation wi-
th its designated representative, the Council of Agriculture (CO
A) in Taipei.
Article Ⅱ
Purpose of Cooperation
This Amendment has as its program goals the following:1) to inc-
rease contact and collaboration among agricultural scientists a-
nd institutions of agricultural research, development, and high-
er learning; 2) to provide agricultural researchers and institu-
tions with opportunities to exchange information, ideas, skills,
and techniques;3) to enhance opportunities to collaborate in s-
olving problems of common interest relating to agriculture; and
4) to utilize special agricultural and development facilities f-
or agriculturl research.
Article Ⅲ
Areas and Scope of Cooperation
Selected priority areas for cooperation may include, but are not
limited to:1) sanitary and phytosanitary technology;2) sustaina-
ble management of renewable natural resources and the ecosystem;
3) research and management of biotechnology products;4)technolo-
gy transfer and professional enhancement;5) human nutrition and
food safety;6) horticulture and crops;7) animal waste management
8) aquaculture; and 9) agricultural policy and economic research
.
Article Ⅳ
Implementation and Coordination
In general, cooperation will be effected by mutual agreement by
AIT and TECRO, through joint projects, exchange of materials and
information, exchange of scientists and specialists, and joint
publication of studies and reports.
AIT and TECRO shall pursue cooperative activities which will be
mutually agreed upon afer consultation between designated repre-
sentatives of AIT and TECRO, and which will be implemented in c-
onformity with the laws and policies of the territories represe-
nted by AIT and TECRO.
AIT and TECRO shall coordinate and implement activities agreed
upon under this Amendment with AIT's designated representative,
USDA, and with TECRO's designated representative, COA.
Under this Amendment, the designated coordinating offices will
be International Cooperation and Development (ICD), foreign Agr-
icultural Service (FAS), USDA for AIT, and the international Co-
operation Department of COA for TECRO. AIT and TECRO shall each
designate a program coordinator to be responsible under its aus-
pices for overall coordination of cooperative activities under
this Amendment.
Article Ⅴ
Review Meetings
AIT and TECRO program coordinators shall meet periodically, at
times and places of their choosing, to review and adjust the pr-
ogram of cooperation, recommend projects to be funded, and coor-
dinate administrative matters.
Article Ⅵ
Financing
Under the reciprocal arrangements of this Amendment, both sides
share costs for each project.As a general rule, AIT's designated
representative, USDA, provides international airfare and health
insurance for u.S. scientists traveling to Taiwan under this pr-
ogram, and for scientists from Taiwan traveling to the United S-
tates under this program. TECRO meets all costs associated with
accommodation, meals, and travel for these U.S. scientists while
in Taiwan under this program, and a per diem allowance for scie-
ntists from Taiwan while in the United States under this program
.
TECRO provides funding for the collaborative research activities
conducted in Taiwan. Subject to availability of funding, AIT's
designated representative, USDA, provides funding for collabora-
tive research activities conducted in the United States. Additi-
onally, as appropriate,each side may provide supplementary supp-
ort for activities.
ARTICLE Ⅶ
Treatment of Intellectual Property
Intellectual property created or furnished in the course of act-
ivities under this Amendment, and business-confidential informa-
tion exchanged, shall be governed by the provisions of Annex A,
Intellectual Property, which forms an integral part of this Ame-
ndment. In exceptional instances, treatment of intellectual pro-
perty may be further negotiated through exchange of letters.
Article Ⅷ
Separability Clause
Nothing in this Amendment shall be interpreted to prejudice or
modify any existing understandings or agreements between the si-
des.
Article Ⅸ
Entry into Force, Duration
This Amendment shall neter into force upon signature, and shll
remain in force unless terminated by either side upon six (6) m-
onths' written notice to the other side. Termination of this Am-
endment shall not affect implementation of ongoing programs and
activities that were agreed upon while the Amendment was in for-
ce.
Done at Washington, D.C., this thirtieth day of October, 2001.
Richard C. Buch Chien-Jen Chen
FOR THE AMERICAN INSTITUTE FOR THE TAIPEI ECONOMIC
INSTITUTE IN TAIWAN AND CULTURAL REPRESENTATIVE
OFFICE IN THE UNITED STATES
ANNEX A
Interectual Property Rights
Pursuant to Article Ⅶ of the Amendment to the 1986 Guidelines
for the Cooperative Program in Agricultural Sciences Between the
American Institute in Taiwan (AIT) and the Taipei Economic and
Cultural Representive Office in the United States (TECRO): AIT
and TECRO ("the Parties") shall, through their designated repre-
sentatives, USDA and COA respectively, ensure adequate and effe-
ctive protection of intellectual property created or furnished
under this Amendment and relevant implementing arrangements. Ri-
ghts to such intellectual property shall be allocated as provid-
ed in this Annex.
Ⅰ Scope
A.This Annex is applicable to all cooperative activities un-
dertaken pursuant to this Amendment, except as otherwise
specifically agreed by AIT and TECRO's designated represe-
ntatives, USDA and COA.
B.For purposes of this Amendment, "intellectual property" s-
hall mean the subject matter listed in Article 2 of the C-
onvention Establishing the World Intellectual Property Or-
ganization, done at Stockholm, July 14, 1967 and may incl-
ude other subject matter as agreed by AIT and TECRO's des-
ignated representatives, USDA and COA.
C.Each Party's designated representative shall ensure, thro-
ugh contracts or other legal means with its own participa-
nts, if necessary, that the oter Party's designated repre-
sentative can obtain the rights to intellectual property
allocated in accordance with this Amendment. This Annex d-
oes not otherwise alter or prejudice the allocation betwe-
en a Party and others from the territory it represents, w-
hich shall be determined by the laws and practices applic-
able in such territory.
D.Except as otherwise provided in this Amendment, disputes
concerning intellectual property arising under this Amend-
ment shall be resolved through discussions between the co-
ncerned participating institutions, or, if necessary, the
Parties or their designees.
E.Termination or expiration of this Amendment shall not aff-
ect rights or obligations under this Annex.
Ⅱ Allocation of Rights
A.Each Party's designated representative shal lbe entitled
to a non-exclusive, irrevocable, royalty-free license in
all countries to translate, reproduce, and publicly distr-
ibute scientiic and technical journal articles, reports,
and books directly arising from cooperation under this Am-
endment. all publicly distributed copies of a copyrighted
work prepared under this provision shall indicate the nam-
es of authors of the work unless an author explicitly dec-
lines to be named.
B.Rights to all forms of intellectual property, other than
those rights described in paragraph Ⅱ (A) above, shall be
allocated as follows:
(1) Visiting researchers shall receive rights, awards, bonu-
ses and royalties in accordance with the policies of the
host institution.
(2) (a) Any intellectual property created by persons employ-
ed or sponsored by one Party's designated representative
under cooperative activities other than those coverd by
paragraph Ⅱ (B) (1) shall be owned by that Party's des-
ignated representative. Intellectual property created by
persons employed or sponsored by both Parties' designat-
ed representatives shall be jointly owned by the Parties
' designated representatives. In addition, each creator
shall be entitled to awards, bonuses and royalties in a-
ccordance with the policies of the institution employing
or sponsoring that person.
(b) Unless otherwise agreed in an implementing or other
arrangement, each party's designated representative sha-
ll have within the territory the Party represent all ri-
ghts to exploit or license intellectual porperty created
in the course of the cooperative actoivities.
(c) The rights of a Party's designated representative o-
utside the territory ths Party represents shall be dete-
rmined by mutual agreement considering the relative con-
tributaions of the Parties' designated representatives
and their participants to the cooperative acitivites, t-
he degree of commitment in obtaining legal protection a-
nd licensing of the property and such other factors dee-
med appropriate.
(d) Notwithstanding paragrphs Ⅱ (B) (2) (a) and (b) ab-
ove, if a particular project has led to the creation of
intellectual property protected by the laws applicable
in the territory represented by one Party but not the l-
aws applicable in the territory represenetative by the
other, the designated representative of the Party that
represents a territory whose laws provide for this type
of protection shall be entitled to all rights to exploit
or license intellectual property worldwide although cre-
ators of intellectual property shall nonetheless be ent-
itled to awards, bonuses and royalties as provided in p-
aragraph Ⅱ (B) (2) (a).
(e) For each invention made under any cooperative activ-
ity , the Party's designated representative employing or
sponsoring the inventor (s)shall disclose the inventions
prompty to the other party's designated representative
together with any documentation and information necessa-
ry to enable the other Party's designated representative
to establish any rights to which it may be entitled. Ei-
ther Party's designated representative may ask the other
Party's designated representative in writing to delay p-
ublication or public disclosure of such documentation or
information for the purpose of protecting its rights in
the invention. Unless otherwise agreed in writting, the
delay shall not exceed a period of six months from the
date of disclosure by the inventing Party's designated
representative to the othe Party's designated represent-
ative.
Ⅲ Business Confidential Information
In the event that information identified in a timely fashion
as business - confidential is furnished or created under th-
is Amendment, each padty's designated representative and its
participants shall protect such information in accordance w-
ith applicable laws, regulations, and administration practi-
ces. Information may be identified as "businessconfidential"
if a person having the information may derive an economic b-
enefit from it or may obtain a competitive advantage over t-
hose who do not have it, and the information is not general-
ly known or publicy available from other sources, and the o-
wner has not previously made the information available with-
out imposing in a timely manner an obligation to keep it co-
nfidential.