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1.Signed on January 5 and June 26, 1998; Entered into force on June 26, 1998.

 
WHEREAS subject to the availability of personnel, material, and
appropriated funds, the U.S. Nuclear Regulatory Commission (her-
einafter referred to as ”USNRC”), the designated representati-
ve of the American Institute in Taiwan (hereinafter referred to
as ”AIT”), is carrying out programs on thermal-hydraulic code
applications and maintenance;
WHEREAS the Taipei Economic and Cultural Representative Office (
hereinafter referred to as ”TECRO”) has an interest in access
to information which has been developed and continues to arise
from these programs and wishes to collaborate with AIT.
Considering that the AIT and the TECRO, hereinafter referred to
as the Parties, have:
1.A mutual interest in cooperation in the field of reactor and
plant systems research with the objective of improving and he-
lping to ensure the safety of reactors internationally;
2.A mutual objective of reciprocity in the exchange of technical
information;
Have reached the following agreement to guide their cooperation:

ARTICLE I-PROGRAM COOPERATION
The Parties, in accordance with the provisions of this Agreement
and subject to applicable laws and regulations in force in their
respective jurisdictions, first joined together to undertake co-
operative thermal-hydraulic research programs on June 30, 1994.
This Agreement extends that cooperation for another three years.

ARTICLE II-FORMS OF COOPERATION
Cooperation between the Parties may take the following forms:
A.The exchange of information in the form of technical reports,
experimental data, correspondence, newsletters, visits, joint
meetings, and such other means as the Parties agree.
B.The temporary assignment of personnel of one Party or of its
designated representative(s) to laboratories or facilities ow-
ned .by the other Party or in which it sponsors research. Each
assignment will be considered on a case-by-case basis, and wi-
ll generally require a separate agreement.
C.The execution of joint programs and projects, including those
involving a division of activities between the Parties. Each
joint program and project will be considered on a case-by-case
basis and may be the subject of a separate agreement, if dete-
rmined to be necessary by either of the Parties to this Agree-
ment or their designated representatives. Otherwise, it will
be accomplished by an exchange of letters between the Parties,
subject at least to the terms and conditions of the present A-
greement.
D.The use by one Party of facilities that are owned by the other
Party or its designated representative(s) in which research 1s
being sponsored by the other Party. Use of these facilities m-
ay be subject to commercial terms and conditions.
E.If a Party wishes to visit, assign personnel, or use the faci-
lities owned or operated by entities other than the Parties to
this Agreement or their designated representatives, the Parti-
es recognize that the approval of such entities will, in gene-
ral, be required by the receiving Party.
F.Any other form agreed between the Parties.

ARTICLE III-SCOPE OF AGREEMENT
A.Program Objectives:
1.Share experience on code errors and inadequacies and cooper-
ate in resolving the deficiencies and maintaining a single,
internationally recognized code version. Software quality a-
ssurance procedures will be followed and code configuration
control will be maintained. Standard programming language w-
ill be applied and code portability will be maintained.
2.Share user experience on code scalability, applicability, a-
nd uncertainty studies.
3.Share a well-documented code assessment database.
4.Share experience on full-scale power plant safety-related a-
nalyses performed using the code. This includes analyses of
operating reactors, advanced light water reactors, transien-
ts, risk-dominant sequences including the front-end of seve-
re accident sequences, and accident management and operator
procedures-related studies.
5.Maintain and improve user expertise and documented user gui-
delines for applying the code.
B.AIT Scope of Responsibility
1.Coordination and Program Management. The Thermal-Hydraulic
Code Applications and Maintenance Program (CAMP) will be co-
ordinated by AIT's designated representative, the USNRC. Pr-
ogram information will be documented and circulated via new-
sletters and NUREG/IA documents. A Technical Program Commit-
tee (TPC) comprised of representatives from all of the CAMP
Parties will meet regularly to report on code errors and mo-
deling deficiencies, and recommend and assign rankings to c-
ode correction and improvement needs, including approaches
to resolution. Error corrections and model improvements will
be made. within the limits of available resources allocated
for each code, taking into account a priority list recommen-
ded by the TPC. The TPC will also exchange information on a-
pplications and assessment results. TPC meetings will be he-
ld twice per year once in the U.S. and once abroad.
2.Reactor Systems Simulation Codes. RELAP5/MOD3, TRAC-PF1/MOD2
and TRAC-BF1 will be maintained on a level consistent with
the extent of participation by the Parties. Subject to the
availability of appropriated funds, AIT's designated repres-
entative, the USNRC, plans to match the sum of the Parties'
cash contributions up to the maximum of $250K per year per
code. However, the USNRC may transfer funds between codes to
fulfill the minimum maintenance requirements for a particul-
ar code. Code updates will be provided in source form on ma-
chine-readable media. Complete available documentation will
be maintained consisting of: code manual, models and correl-
ations document, developmental assessment document, user gu-
idelines document, and independent assessment documents. Co-
de configuration control will be maintained to provide an i-
nternationally recognized code version.
3.Nuclear Plant Analyzer (NPA). The NPA operates as a dedicat-
ed workstation. It includes visual display of the plant sta-
te and graphical display of plant parameters. The NPA softw-
are and associated documentation will be provided. The USNRC
will also provide subsequent updates of the NPA and associa-
ted documentation that are released during the Agreement pe-
riod.
4.Provision of Codes and Documentation. The USNRC will provide
to the AIT the RELAP5/MOD3 and TRAC-BFI codes with their as-
sociated documentation. The USNRC will also provide subsequ-
ent updates of the codes and documentation which are releas-
ed during the Agreement period.
C.TECRO Scope of Responsibility
1.Cash Contribution for Code Maintenance and Improvements. Up-
on signature of this Agreement and on the anniversary of th-
at date each year thereafter the TECRO will transmit to the
AIT sixty thousand U.S. dollars ($60.000) to receive the RE-
LAP5/MOD3 and TRAC-BF1 codes and .the NPA software with the-
ir associated documentation. The. TECRO will also receive t-
he subsequent updates of the code and documentation which a-
re issued during the Agreement period.
2.In-Kind Contribution. The TECRO shall submit to the AIT two
code assessment reports per year or other work products of
equivalent value. The assessment reports shall contain asse-
ssment information on the NRC codes that are released throu-
gh this Agreement. The content of assessment reports is def-
ined in NUREG-1271. The AIT's designated representative, the
USNRC, will have the nonexclusive right to publish these as-
sessment reports, containing nonproprietary information as
NUREG/IA reports with proper reference to the originating P-
arty.
D.Code Applications Analyses to be Exchanged by the Parties
1.Code Scaling-Applicability and Uncertainty Evaluations. An
example of such studies was documented in NUREG/CR-5249.
2.Issue Resolution. Issues may arise requiring that informati-
on be developed to determine whether a particular problem e-
xists. Examples include pressurized thermal shock, interfac-
ing systems LOCA, and long-term cooling following a LOCA. N-
onproprietary safety issue analyses performed using the cod-
es specified in Section B.2. of Article III will be exchang-
ed.

ARTICLE IV-ADMINISTRATION OF THE AGREEMENT
A.The Parties will each designate one individual to coordinate
and determine the detailed implementation of this Agreement.
These individuals may. at their discretion, delegate this res-
ponsibility to the appropriate individual with respect to a g-
iven issue. The single designated individual will be referred
to as the Administrator of this Agreement.
B.The Agreement restricts dissemination of proprietary and other
confidential or privileged information.
C.The Parties will endeavor to select technical personnel for a-
ssignment in the program who can contribute positively to the
program. Technical personnel assigned to the program will be
considered visiting scientists (nonsalaried) within the progr-
am and will be expected to participate in the conduct of the
analyses and experiments of the program as mutually agreed.
D.Each Party to this Agreement will have access to all nonpropr-
ietary reports written by the other Party's technical personn-
el assigned to the respective programs that derive from its p-
articipation in the Agreement.
E.Administrative details concerning questions such as security,
indemnity, and liability related to the assignees or trainees
will be addressed in personnel assignment agreements between
the respective Parties.
F.Travel costs, living expenses, and salaries of visiting techn-
ical personnel or personnel participating in program review m-
eetings shall be borne by their respective organizations.

ARTICLE V-EXCHANGE AND USE OF INFORMATION
AND INTELLECTUAL PROPERTY
A.General
The Parties support the widest possible dissemination of info-
rmation provided or exchanged under this Agreement, subject b-
oth to the need to protect proprietary or other confidential
or privileged information as may be exchanged hereunder, and
to the provisions of the Intellectual Property Addendum, which
is an integral part of this Agreement.
B.Definitions
For purposes of this Agreement:
1.The term ”information”means nuclear energy-related regula-
tory, safety, safeguards, waste management, scientific, or
technical data including information on results; or methods
of assessment, research, and any other knowledge intended to
be provided or exchanged under this Agreement.
2.The term ”proprietary information* means information devel-
oped outside or made available under this Agreement which c-
ontains trade secrets or other privileged or confidential c-
ommercial information (such that the person having the info-
rmation may derive an economic benefit from it or may have a
competitive advantage over those who do not have it), and m-
ay only include information which:
a.has been held in confidence by its owner;
b.is of a type which is customarily held in confidence by i-
ts owner;
c.has not been transmitted by the owner to other entities (
including the receiving Party) except on the basis that it
be held in confidence;
d.is not otherwise available to the receiving Party from an-
other source without restriction on its further dissemina-
tion; and
e.is not already in the possession of the receiving Party.
3.The term ”other confidential or privileged information”me-
ans information, other than”proprietary information,”which
is protected from public disclosure under the laws and regu-
lations of the jurisdiction of the Party providing the info-
rmation and which has been transmitted and received in conf-
idence.
C.Marking Procedures for Documentary Proprietary Information
A Party receiving documentary proprietary information pursuant
to this Agreement will respect the privileged nature thereof,
provided such proprietary information is clearly marked with
the following (or substantially similar) restrictive legend:
This document contains proprietary information furnished in c-
onfidence under an Agreement dated╴╴between the American In-
stitute in Taiwan and the Taipei Economic and Cultural Repres-
entative Office and will not be disseminated outside these or-
ganizations, their designated representatives, consultants co-
ntractors, and licensees, and concerned departments and agenc-
ies of the authorities in the territory represented by the AIT
, and the authorities in the territory represented by TECRO w-
ithout the prior approval of (name of transmitting Party). Th-
is notice will be marked on any reproduction hereof, in whole
or in part. These limitations will automatically terminate wh-
en this information is disclosed by the owner without restric-
tion.
This restrictive legend will be respected by the Receiving Pa-
rty and proprietary information bearing this legend will not
be used for commercial proposes, made public, or disseminated
in any manner unspecified by or contrary to the terms of this
Agreement without the consent of the transmitting Party.
D.Dissemination of Documentary Proprietary Information
1.In general, proprietary information received under this Agr-
eement may be freely disseminated by the receiving Party wi-
thout prior consent to persons within or employed by the re-
ceiving Party, and to concerned authorities in the territory
of the receiving Party.
2.In addition, proprietary information may be disseminated wi-
thout prior consent to:
a.Prime or subcontractors or consultants of the receiving P-
arty located within the geographical limits of that Party-
's territory, for use only within the scope of work of th-
eir contracts with the receiving Party in work relating to
the subject matter of the proprietary information;
b.Domestic organizations permitted or licensed by the recei-
ving Party to construct or operate nuclear production or
utilization facilities, or to use nuclear materials and r-
adiation sources, provided that such proprietary informat-
ion is used only within the terms of the permit or license
; and
c.Domestic contractors of organizations identified in Secti-
on D.2.b. of Article V for use only in work within the sc-
ope of the permit or license granted to such organizations
;
Provided that any dissemination of proprietary information
under Sections D.2.a., D.2.b., and D.2.C. of Article V shall
be on an as-needed, case-by-case basis, shall be pursuant to
an agreement of confidentiality, and shall be marked with a
restrictive legend substantially similar to that appearing
in Section C. of Article V.
3.With the prior written consent of the Party furnishing prop-
rietary information under this Agreement, the receiving Par-
ty may disseminate such proprietary information more widely
than otherwise permitted in Sections D.1 and D.2. of Article
V. The Parties shall cooperate in developing procedures for
requesting and obtaining approval for such wider disseminat-
ion, and each Party will grant such approval to the extent
permitted by its national policies, regulations and laws.
E.Marking Procedures for Other Confidential or Privileged Infor-
mation of a Documentary Nature
A Party receiving under this Agreement other confidential or
privileged information shall respect its confidential nature
, provided that such information is clearly marked so as to
indicate its confidential or privileged nature and is accom-
panied by a statement indicating that the information is:
1.Protected from public disclosure by the authorities of the
transmitting Party; and
2.Transmitted under the condition that it be maintained in co-
nfidence.
F.Dissemination of Other Confidential or Privileged Information
of a Documentary Nature Other confidential or privileged info-
rmation may be disseminated in the same manner as that set fo-
rth in Section D. of Article V. Dissemination of Documentary
Proprietary Information.
G.Nondocumentary Proprietary or Other Confidential or Privileged
Information
Nondocumentary proprietary or other confidential or privileged
information provided in seminars and other meetings arranged
under this Agreement, or information arising from attachments
of staff, use of facilities, or joint projects, shall be trea-
ted by the Parties according to the principles specified for
documentary information in this Agreement, provided, however,
that the Party communicating such proprietary or other confid-
ential or privileged information has placed the recipient on
notice as to the character of the information communicated.
H.Consultation
If, for any reason, one of the Parties becomes aware that it
will be, or may reasonably be expected to become, unable to m-
eet the nondissemination provisions of this Agreement, it sha-
ll immediately inform the other Party. The Parties shall, the-
reafter, consult to define an appropriate course of action.
I.Other
1.Nothing contained in this Agreement shall preclude a Party
from using or disseminating information received without re-
striction by a Party from sources outside of this Agreement.
2.All USNRC computer codes disseminated under this Agreement
are to be considered privileged information unless otherwise
noted, are protected as such by the USNRC, and shall be tre-
ated likewise by the TECRO. They are, in particular, subject
to all of the provisions of this Article with the exception
that they need not be marked with the restrictive designati-
on. The codes are subject to this protection in both object
and source forms and as recorded in any media.
The USNRC codes and other related analytical techniques cov-
ered under this Agreement, and any improvements, modificati-
ons or updates to such codes or techniques are for the purp-
ose of reactor and plant systems research and licensing and
shall not be used for commercial purposes, or for other ben-
efits not related to the study of reactor safety without the
prior consent of the USNRC. The USNRC codes and other relat-
ed analytical techniques shall not be advertised directly or
by implication to obtain contracts related to the construct-
ion or servicing of nuclear facilities, nor shall advertisi-
ng imply that the USNRC has endorsed any particular analyses
or techniques.
3.All reports published within the scope of this Agreement and
all meetings held shall be in English.

ARTICLE VI-DISPUTES AND WARRANTY OF INFORMATION
A.All costs arising from implementation of this Agreement shall
be borne by the Party that incurs them except when specifical-
ly agreed to otherwise. It 1s understood that the ability of
the Parties to carry out their obligations is subject to the
availability of funds. It is also understood that the terms h-
erein agreed to represent feasible commitments according to t-
he best understanding regarding resources and costs of the Pa-
rties at the time of signature.
B.Cooperation under this Agreement shall be in accordance with
the laws and regulations of the Parties' respective jurisdict-
ions. Any dispute between the Parties concerning the Parties'
interpretation or application of the Agreement shall be settl-
ed by mutual agreement.
C.Information furnished by one Party to the other under this Ag-
reement shall be accurate to the best knowledge and belief of
the Party supplying the information. However, the application
or use of any information exchanged or transferred between the
Parties under this Agreement shall be the responsibility of t-
he Party receiving the information, and the transmitting Party
does not warrant the suitability of the information for any p-
articular use or application.
D.The AIT's designated representative, the USNRC, makes no warr-
anties, whatsoever, for the ability or suitability of any USN-
RC code or other analytical technique to perform in any parti-
cular manner for any particular purpose, or to accomplish any
particular task. The AIT's designated representative, the USN-
RC, accepts no liability for damages of any type that may res-
ult from the use of its codes or other analytical techniques
provided under this Agreement.

ARTICLE VII-FINAL PROVISIONS
A.This Agreement will be effective upon signing and remain in e-
ffect until August 31, 2000, unless both Parties agree to an
extension. This Agreement may be extended for an additional p-
eriod of time, upon mutual agreement of the Parties.
B.The Parties enter into this Agreement with the understanding
that reasonable allowances for normal delays will be made in
completing the work. The Parties have the right to utilize in-
formation provided under this Agreement after the expiration
date; however, all information protected by provisions of this
Agreement as proprietary, confidential, privileged, or otherw-
ise subject to restriction on disclosure shall remain so prot-
ected indefinitely unless mutually agreed to in writing.
C.A Party may terminate this Agreement after providing the other
Party written notice of its intent to terminate 180 days in a-
dvance. The Party not terminating will notify the terminating
Party before the effective date of termination if termination
will result in the terminating Party receiving a disproportio-
nate share of the expected benefit from this Agreement. Both
Parties will endeavor to reach an equitable settlement of the
matter through negotiation.
D.The Parties to this Agreement reserve the right to modify or
extend the specific activities described in Article III within
the intended scope of the Agreement upon written concurrence
of their Administrators.
E.If the portion of the research program of any Party that is p-
ertinent to this Agreement is substantially reduced or elimin-
ated, the technical scope described in Article III may be adj-
usted to substitute research of equivalent programmatic inter-
est upon mutual agreement of the Parties.

FOR THE TAIPEI ECONOMIC AND FOR THE AMERICAN INSTITUTE
CULTURAL REPRESENTATIVE OFFICE IN TAIWAN
BY: [Signed] BY: [Signed]
NAME: Peter P. C. Cheng NAME: Barbara J. Sehrage
TITLE: Deputy Representative TITLE: Deputy Managing Director
DATE: June 26, 1998 DATE: 1/5/98
PLACE: Washington D. C. PLACE: Washington D. C.

INTELLECTUAL PROPERTY ADDENDUM
Pursuant to Article V of this Agreement:
The Parties shall ensure adequate and effective protection of i-
ntellectual property created or furnished under this Agreement
and relevant implementing arrangements. The Parties agree to no-
tify one another in a timely fashion of any inventions or copyr-
ighted works arising under this Agreement and to seek protection
for such intellectual property in a timely fashion. Rights to s-
uch intellectual property shall be allocated as provided in this
Addendum.
I.SCOPE
A.This Addendum is applicable to all cooperative activities u-
ndertaken pursuant to this Agreement, except as otherwise s-
pecifically agreed, by the Parties or their designees.
B.For purposes of this Agreement, ”intellectual property”sh-
all have the meaning found in Article 2 of the Convention E-
stablishing the World Intellectual Property Organization, d-
one at Stockholm, July 14, 1967: viz., ”intellectual prope-
rty”shall include the rights relating to:
-literary, artistic and scientific works,
-performances of artists, phonograms, and broadcasts,
-inventions in all fields of human endeavor,
-scientific discoveries,
-industrial designs,
-trademarks, service marks, and commercial names and design-
ations,
-protection against unfair competition,
and all other rights resulting from intellectual activity in
the industrial, scientific, literary or artistic fields.
C.This Addendum addresses the allocation of rights, interests,
and royalties between the Parties. Each Party shall ensure th-
at the other Party can obtain rights to intellectual property
allocated in accordance with the Addendum by obtaining those
rights from its own participants through contracts or other l-
egal means, if necessary. This Addendum does not otherwise al-
ter or prejudice the allocation between the AIT and nationals
of the territory represented by the AIT. which shall be deter-
mined by the laws and practices of that territory, or TECRO a-
nd nationals of the territory represented by TECRO, which sha-
ll be determined by the laws and practices of that territory.
D.Disputes concerning Intellectual property arising under this
Agreement should be resolved through discussions between the
concerned participating institutions or, if necessary, the Pa-
rties or their designees. Upon mutual agreement of the Parties
, a dispute shall be submitted to an arbitral tribunal for bi-
nding arbitration in accordance with the applicable rules of
international law. Unless the Parties or their designees agree
otherwise in writing, the arbitration rules of the United Nat-
ions Commission on International Trade Law (UNCITRAL) shall g-
overn.
E.Termination or expiration of this Agreement shall not affect
rights or obligations under this Addendum.

II.ALLOCATION OF RIGHTS
A.Each Party shall be entitled to a nonexclusive, irrevocable,
royalty-free license in all countries to translate, reproduce,
and publicly distribute scientific and technical journal arti-
cles, reports, and books directly arising from cooperation un-
der this Agreement. All publicly distributed copies of copyri-
ghted work prepared under this provision shall indicate the n-
ames of the authors of the work unless an author explicitly d-
eclines to be named.
B.Rights to all forms of intellectual property, other than those
rights described in Section II.A. of this Addendum, shall be
allocated as follows:
1.Visiting researchers, for example, scientists visiting prim-
arily in furtherance of their education, shall receive inte-
llectual property rights under the policies of the host ins-
titution. In addition, each visiting researcher named as an
inventor shall be entitled to share in a portion of any roy-
alties earned by the host institution from the licensing of
such intellectual property.
2.(a) For intellectual property created during joint research,
for example, when the Parties, participating institutions,
or participating personnel have agreed in advance on the
scope of work, each Party shall be entitled to obtain all
rights and interests in its own territory. The Party in w-
hose territory the invention was made shall have first op-
tion to acquire all rights and interests in third countri-
es. If research is not designated as ”joint research,”r-
ights to intellectual property arising from the research
will be allocated in accordance with Section II.B.1. of t-
his Addendum. In addition, each person named as an invent-
or shall be entitled to share in a portion of any royalti-
es earned by either institution from the licensing of the
property.
2.(b).Notwithstanding Section II.B.2.(a) of this Addendum, if a
type of intellectual property is available under the laws
of one Party but not the other Party, the Party whose laws
provide for this type of protection shall be entitled to
all rights and interests worldwide. Persons named as inve-
ntors of the property shall nonetheless 'be entitled to r-
oyalties as provided in Section II.B.2.(a) of this Addend-
um.
資料來源:全國法規資料庫