The National Science Council (hereinafter referred to as NSC) of
Taiwan, a governmental agency of the Executive Yuan, represented
by its Deputy Minister, Dr. Ching-Jyh Shieh,
and its partner Organisation,
the Consejo Superior de Investigaciones Cientificas (hereinafter
referred to as CSIC) of the Kingdom of Spain, an autonomous body
attached to the Spanish Ministry of Education and Science,
represented by its Vicepresident Dr. Monserrat Torne Escasany,
having full legal authority to conclude this Agreement on behalf
of CSIC (in accordance with the decision of 2nd June 2005, as
published in BOE on June 21st 2005),
WHEREAS, recognising that their mutual cooperation is in the
interest of both Contracting Parties, the Contracting Parties
wish to enter into a frame agreement with the objective of
expanding and furthering their scientific cooperation by means
of promoting the exchange of experience and research scientists.
NOW, THEREFORE, in consideration of the above premises the
Parties agree hereby as follows:
Article 1. Scope of this Agreement
The objective of this Agreement is to promote and further the
cooperation between research scientists and research groups of
both partner organisations in those areas of research of most
interest to both Contracting Parties.
Article 2. Forms of Scientific Cooperation
The Contracting Parties undertake to support each other in
organising and setting scientific events in a bilateral or
multilateral context by the following means:
a) The carrying-out of joint research projects, workshops and/or
promotion of networks, in fields of mutual interest, through
the provision of certain limited funds.
b) The exchange of researchers for short periods of time.
c) Any other initiatives, within the competence of the Parties
and in accordance with the objectives set out in this
Agreement that the Parties may consider of mutual interest.
Article 3. Implementation of the Forms of Collaboration
The details and work programme for each form of cooperation
envisaged in Article 2 of this Agreement shall be decided by the
Joint Commission mentioned in Article 4 at its first meeting and
shall be annexed to this Agreement. The Joint Commission shall
revise this Annex at least every two years. Each revision shall
be annexed to this Agreement. This Annex shall contain, among
others, the following particulars:
* The annual exchange quota that may be used by each Party for
the exchange of researchers.
* The financial arrangements for the daily allowance provided in
* The title, description, duration and the financial
arrangements of the joint research projects, workshops or
networks that have been selected by the Joint Commission, as
well as the names of the scientists and scholars from both
Parties participating in them.
Article 4. The Joint Commission
A Joint Commission composed of persons nominated by both Parties
will be set up preferably within 30 days of the coming into
force of this Agreement, or at any time that the Parties may
agree. This Commission shall be constituted in such a way that
each party shall appoint three members, and shall act as a
permanent body of contact between the Parties. It shall be
specifically in charge of establishing the criteria and
conditions for implementing the activities envisaged by this
Agreement as well as selecting the joint research projects or
networks and taking all the necessary steps for the development
of the exchange of researchers between the Parties.
The Joint Commission shall establish its own internal rules of
procedure. It will meet at least every two years, alternating
between Taipei (Taiwan) and Madrid (Spain), or at any time or
location that both Parties may agree, or alternatively by
exchange of faxes and/or e-mails.
Article 5. Administrative and Financial Terms
For all type of collaborations referenced in Article 2, the
Parties shall agree specifically the financial terms to be
applied, setting up a total or an annual budget, determined when
the Joint Commission, mentioned in article 4, meets or by
exchange of mail.
For the exchange of researchers the Parties agree the following
administrative and financial terms:
1.The sending Party shall:
a) Submit to the receiving Party the names of the candidates
proposed, either within joint projects or as a free visit,
and their host laboratories, at least sixty days before the
proposed starting date of the visit. Approval of this
proposal by the receiving Party will be communicated to the
sending Party at least forty days before the arrival date.
b) Pay for the international travel cost between the two
c) Provide its own researchers with the most appropriate
insurance for medical assistance.
2.The receiving Party shall:
a) Pay daily allowances for living and accommodation at the
rate fixed by the Joint Commission.
b) Pay, if required, the cost of research-related domestic
travel within the receiving country.
The daily allowances will be paid to the visitors upon their
arrival. They may be adjusted every time the Joint Commission
meets, in accordance with the prevailing regulations in each
Article 6. Confidentiality, Dissemination and Ownership of Results
Each of the Parties undertakes not to disclose, in any manner
whatsoever, without the prior consent of the other Party, any
scientific or technical information pertaining to the other
Party to which it may have had access in the course of any
activity envisaged by this Agreement, for as long as such
information is not in the public domain.
The Parties shall agree by mutual consent on the use of the data
and results generated during the performance of the joint
research projects. Should the Parties decide to publish or
disseminate information arising from the joint projects,
reference shall always be made to the fact that it has been
obtained under this Agreement or under a specific Programme on
scientific cooperation signed by the Parties in the context of
Where results jointly generated in the research projects may be
patentable, both Parties shall determine the terms and
conditions that shall govern joint ownership, including the
costs related to the filing of the applications or the
maintenance of the patents or any other relevant intellectual
property rights. In the said patents all the scientists who
participated in the invention shall appear as inventors.
Should one of the Parties not be interested in obtaining
registered protection for any of the patentable results, this
shall be communicated to the other Party within three months of
the achievement of these results. The latter Party will
determine whether it desires to protect or use the said results.
Article 7. Employment Relationship
The researchers involved in the organisation of the scientific
collaborations foresee in this Agreement shall remain under the
direction of and dependent on their Institution of origin. No
contractual employment relationship shall therefore be created,
nor shall the host Institution be considered in any
circumstances a substitute employer.
Article 8. Settlement of Disputes
Any disagreement or dispute that may arise in the execution,
interpretation or application of the Agreement shall be resolved
by negotiation between the Parties, preferably through the Joint
Commission mentioned in Article 4.
Article 9. Duration and Termination
This Agreement shall come into force on the date of its
signature by both Parties and shall continue for four years,
being automatically renewed for subsequent four years periods,
unless terminated by either Party by giving at least six months'
prior notice to the other Party. Notwithstanding what is laid
down in the preceding sentence, the joint research projects that
have been agreed by both Parties under the terms of this
Agreement and are being carried out at the time of notice shall
be continued until their completion.
This Agreement may be amended by mutual consent of the Parties.
Each amendment shall form an integral part of the Agreement and
shall be annexed to it.
This Agreement is done and signed in two originals in the
English language in Madrid on (date) and in Taipei on (date).
For the NSC For the CSIC
The Deputy Minister, Dr. The Vice-President, Dr.
Ching-JyhSHIEH Monserrat Torne Escasany