1.Scope and Objectives
These Guidelines are established to provide a mechanism for c-
ontinued cooperation in the physical sciences between scienti-
sts from the territory represented by the Taipei Economic and
Cultural Representative Office in the United States (TECRO) a-
nd the territory represented by the American Institute in Tai-
wan (AIT). The ”Taiwan Relations Act”(Public Law 96-8, April
10, 1979) authorizes the continuation of commercial, cultural
and other relations between the people of the United States a-
nd the people on Taiwan. Such relations are conducted by or t-
hrough AIT, a non-profit corporation, incorporated under the
laws of the District of Columbia. TECRO (formerly the Coordin-
ation Council for North American Affairs) is the instrumental-
ity which provides assurances and take actions on behalf of t-
he people on Taiwan. TECRO works in association with the Nati-
onal Science Council (NSC) and the Industrial Technology Rese-
arch Institute (ITRI) in Taipei, in administering the program,
whereas AIT performs a similar function in affiliation with t-
he National Institute of Standards and Technology (NIST) in G-
aithersburg, Maryland.
2.Program Goals
To increase the contacts and cooperation between physical sci-
entists and metrologists; to provide researchers and institut-
ions with opportunities to exchange information, ideas, skills
, and techniques; to enhance opportunities to collaborate in
solving problems of common interest, and to utilize special f-
acilities or research opportunities available.
Cooperation may be in areas of materials, metrology, and gene-
ral physical sciences. The types of cooperative activities may
include the exchange of scientific information, scientific vi-
sits, seminars and workshops, and cooperative research.
3.Implementation and Coordination
TECRO and AIT shall coordinate and implement the activities a-
greed to under these guidelines with NSC, ITRI and NIST. Each
side shall designate a program coordinator or coordinators to
be responsible under its auspices for the overall coordination
of cooperative activities under these guidelines. For each to-
pic identified as the subject of a formal cooperative activity
, each side shall also name a topic coordinator.
4.Funding
Funding of cooperative activities under these guidelines shall
be carried out on the basis of mutuality, reciprocity, and fl-
exibility. In general, each side shall fund the cost of its p-
articipation in cooperative activities and may, if it chooses,
provide full or partial support for participation in these ac-
tivities by scientists of the other side. Decisions on funding
for joint activities shall be made by mutual agreement.
5.Review Meetings
TECRO and AIT program coordinators shall meet periodically, at
times and places of their choosing to review this program of
cooperation and guidelines and additions/modifications to same
.
6.Areas of Cooperation
The following topics have been identified as areas of mutual
interest for cooperative activity: metallurgy, polymers, cera-
mics, building technology, telecommunications, metrology, inf-
ormation technology, manufacturing technology and instrumenta-
tion. Other areas of cooperation may be added from time to ti-
me as may be mutually agreed by NSC, ITRI, and NIST with the
concurrence of TECRO and AIT.
7.Publication of Results
Results obtained in join research projects will be published
in the English language in accordance with normal professional
practice.
8.Intellectual Property
The protection of Intellectual Property created or furnished
in the course of cooperative activities under these Guidelines
shall be in accordance with the provisions of Annex I which is
an integral part of these Guidelines.
9.Amendments
The provisions of these guidelines may be amended by written
agreement of the Taipei Economic and Cultural Representative
Office in the United States, and the American Institute in Ta-
iwan in consultation with the National Science Council, the I-
ndustrial Technology Research Institute and the National Inst-
itute of Standards and Technology.
10.Validity and Termination
These guidelines shall become effective on the date of signi-
ng by representatives of TECRO and AIT and shall remain in f-
orce hereafter. The Guidelines may be terminated by either p-
arty giving six months written notice to the other.
These Guidelines supersede the Guidelines for Cooperation in
Physical Sciences between the American Institute in Taiwan a-
nd the Coordinating Council for North American Affairs of 198
7.
IN WITNESS THEREOF, the parties hereto have hereby set their ha-
nds by their duly authorized representatives and have caused th-
ese Guidelines to be signed and effective the date of the last
signature hereafter.
FOR THE TAIPEI ECONOMIC AND FOR THE AMERICAN INSTITUTE
CULTURAL REPRESENTATIVE IN TAIWAN
OFFICE IN THE UNITED STATES
[Signed] [Signed]
Rong-jye Chen Barbara J. Schrage
Deputy Representative Deputy Managing Director
January 10, 1997 January 2, 1997
Date Date
ANNEX I
INTELLECTUAL PROPERTY
Pursuant to Article 8 of these Guidelines:
The Parties shall ensure adequate and effective protection of i-
ntellectual property created or furnished under these Guidelines
and relevant implementing arrangements. The Parties agree to no-
tify one another in a timely fashion of any patentable inventio-
ns or copyrighted works or business confidential information ar-
ising under these Guidelines and to seek protection for such in-
tellectual property or business information in a timely fashion.
Rights to such intellectual property shall be allocated as provi
ed in this Annex.
I.SCOPE
A.This Annex is applicable to all cooperative activities undert-
aken pursuant to these Guidelines, except as otherwise specif-
ically agreed by the Parties or their designees.
B.For purpose of these Guidelines,”intellectual property”shall
have the meaning found in Article 2 of the Convention Establi-
shing the World Intellectual Property Organization, done at S-
tockholm, Sweden, July 14, 1967.
C.This Annex addresses the allocation of rights, interests, and
royalties between the Parties. Each Party shall ensure that t-
he other Party can obtain the rights to intellectual property
allocated in accordance with the Annex, by obtaining those ri-
ghts from its own participants through contracts or other leg-
al means, if necessary. This Annex does not otherwise alter or
prejudice the allocation between a Party and its nationals, w-
hich shall be determined by that Party's law and practices.
D.Disputes concerning intellectual property arising under these
Guidelines should be resolved through discussions between the
concerned participating institutions or, if necessary, the Pa-
rties or their designees. Upon mutual written agreement of the
Parties, a dispute shall be submitted to an arbitral tribunal
for binding arbitration in accordance with the applicable rul-
es or international law. Unless the Parties or their designees
agree otherwise in writing, the arbitration rules of UNCITRAL
shall govern.
E.Termination or expiration of these Guidelines shall not affect
rights or obligations under this Annex.
II.ALLOCATION OF RIGHTS
A.Each Party shall be entitled to a nonexclusive, irrevocable,
royalty-free license in its own country to translate, reprodu-
ce, and publicly distribute scientific and technical journals,
articles, reports, and books directly arising from cooperation
under these Guidelines. All publicly distributed copies of a
copyrighted work prepared under this provision shall indicate
the names of the authors of the work unless an author explici-
tly declines to be named.
B.Rights to all forms of intellectual property, other than those
rights described in Section II(A) above, 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 arising from research designated
as joint research, for example, when the Parties, partici-
pating institutions, or participating personnel have agre-
ed in advance on the scope of work, each Party shall be e-
ntitled to obtain all rights and interests in its own ter-
ritory. Rights and interests in third countries will be d-
etermined in implementing arrangements. If research is not
designated as ”joint research”in the relevant implement-
ing arrangement, rights to intellect ual property arising
from the research will be allocated in accordance with pa-
ragraph IIBI. 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.
(b) Notwithstanding paragraph IIB.2.(a), if a type of intelle-
ctual property is available under the laws of one Party b-
ut not the other Party, the Party whose laws provide for
this type of protection shall be entitled to all rights a-
nd interests worldwide. Persons named as inventors of the
property shall nonetheless be entitled to royalties as pr-
ovided in paragraph IIB.2.(a).
III.BUSINESS-CONFIDENTIAL INFORMATION
In the event that information identified in a timely fashion as
business-confidential is furnished or created under the Guideli-
nes, each Party and its participants shall protect such informa-
tion in accordance with applicable laws, regulations, and admin-
istrative practice. Information may be identified as ”business-
confidential”if a person having the information may derive an
economic benefit from it or may obtain a competitive advantage
over those who do not have it, the information is not generally
known or publicly available from other sources, and the owner h-
as not previously made the information available without imposi-
ng in a timely manner an obligation to keep it confidential.
APPENDIX I
ON A GUEST RESEARCHER PROGRAM AT THE NATIONAL INSTITUTE OF STAN-
DARDS AND TECHNOLOGY
Under the auspices of the Guidelines for a Cooperative Program
in Physical Sciences between the Taipei Economic and Cultural R-
epresentative Office in the United States and the American Inst-
itute in Taiwan, the National Institute of Standards and Techno-
logy, hereinafter referred to as NIST, agrees to supervise and
administer on behalf of the National Science Council (NSC) and
the Industrial Technology Research Institute in Taipei (ITRI),
hereinafter referred to as the Sponsors, Guest Researcher Progr-
ams rela ting to the measurement science and technology subjects
having the objectives and comprising the work described in a Gu-
est Researcher Program Authorization Letter to be prepared by N-
IST and the respective Sponsor for each program. Each such Prog-
ram Authorization Letter shall reference this Appendix and shall
be countersigned by the Guest Researcher and by the designated
NIST supervisor in accordance with Item (2) below.
NIST activities which complement each program shall be specified
in each Guest Researcher Program Authorization Letter.
THE SPONSORS commit themselves only in terms of liabilities inc-
urred individually.
THE SPONSORS AND NIST AGREE THAT:
(1) The Program shall be conducted on the schedule specified in
each instance, subject to extension by mutual agreement of
the parties hereto, and to the provisions of Items (3), (5),
and (6) below.
(2) NIST shall be the supervising agency, both administrative a-
nd scientific, for the Guest Researcher Programs. A NIST su-
pervisor shall be designated for each project.
(3) The scientific and technical project of the Guest Researche-
rs shall be reviewed at least semiannually by the parties to
these Guidelines, and more frequently if deemed advisable by
either party. Such review shall precede approval of the work
program for each succeeding period.
Each Sponsor shall designate an individual to represent the
Sponsor in these reviews.
(4) The appropriate Sponsor shall designate the individual(s) to
serve as Guest Researcher(s) for each project. The provisio-
ns applying to Guest Researchers as this term is used in the
following items of these Guidelines shall also apply to mem-
bers of their supporting staff while serving at NIST as emp-
loyees of the Sponsor.
(5) While it shall be the privilege and responsibility of each
Sponsor to select the Guest Researchers, they shall also be
acceptable to NIST. The Sponsor and NIST each reserve the r-
ight to terminate the association with this Program of any
individual Guest Researcher by providing notice in writing
to the other party.
(6) The Sponsors and NIST each reserve the right to terminate t-
his Program by providing at least sixty (60) days notice in
writing to the other party.
(7) Remuneration to the Guest Researcher(s) for travel and rela-
ted expenditures shall be provided directly by the appropri-
ate Sponsor.
(8) The Sponsor shall reimburse NIST for the cost of special su-
pplies, special material, computation, technician assistance
, and/or other special services provided the Guest Research-
er(s) by NIST in connection with the program covered by each
Guest Researcher Program Authorization Letter in the terms
thereof. The Sponsor shall reimburse NIST for any subsisten-
ce allowance provided to researchers to offset differential
costs of living, if and when the allowance has been previou-
sly authorized by the Spons or. Only in cases where require-
ment of such reimbursement would prevent the exchange from
proceeding shall NIST provide a portion of the allowance. W-
hen a strong case can be made that the Sponsor is unable to
provide any funds for the subsistence allowance, NIST upon
prior consultation with the Sponsor may provide, depending
upon the availability of funds, the entire allowance.
Charges for special supplies and/or services shall require
the approval of the Guest Researcher and the NIST Supervisor
for each Program as designated in the pertinent Authorizati-
on Letter. Such charges shall not exceed the amount specifi-
ed for each program without prior approval of the respective
Sponsor. Upon completion of each program, outstanding charg-
es shall be billed to the Sponsor to cover such cost.
All equipment, materials, instruments, and supplies purchas-
ed during the term of these Guidelines shall be considered
and remain at all times the property of the Party with whose
resources they were purchased. Special equipment and instru-
ments obtained by a Sponsor from sources external to NIST a-
nd provided by the Sponsor to NIST for use in connection wi-
th the programs covered by these Guidelines will be returned
to the Sponsor at the Sponsor's expense and risk as soon as
practicable after termination of these Guidelines or, as ap-
plicable and upon written request after termination of the
specific project. The Sponsors agree to assume full respons-
ibility for maintenance of such equipment and instruments.
(9) Guest Researchers shall pursue their activities at NIST on
the work schedule that applies to NIST employees unless oth-
erwise specified in the Guest Researcher Program Authorizat-
ion Letter, and under the government security and conduct r-
egulations that apply to NIST employees. Guest Researchers
shall conform to the requirements of the Department of Comm-
erce Administrative Orders 202-735 and 202-735-A, as amended
, hereby made part of these Guidelines, to the extent that
these Orders prohibit private business activity or interest
incompatible with the best interests of the Department.
(10) Work completed by Guest Researchers shall be made available
to the public under the same conditions as work performed
by NIST employees. NIST publications shall be available as
media through which work of Guest researchers can be repor-
ted and published. Work under these Guidelines may be used
by the Parties freely, for which they shall henceforth gra-
nt free reciprocal licenses.
(11) Guest Researchers are not employees of NIST. A Sponsor may
be held accountable for loss of or damage to U.S. Governme-
nt property (other than that resulting from normal wear and
tear) occasioned by the Guest Researchers. The Sponsors and
NIST agree to supply all records which may have a bearing
on any claim and to cooperate in any reasonable way toward
the disposition of any claim which may arise hereunder.
(12) All Guest Researchers coming to NIST shall be required to
obtain Health and/or Medical Insurance to cover the term of
their appointment at NIST.