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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on January 26 and January 23, 2015 Entered into force on January 26, 2015
 
This Memorandum of Understanding (MOU) is made by and between
the Council of Agriculture of the Republic of China (Taiwan)
(the “ COA ” )and the International Rice Research Institute
(the “ IRRI ” ), a non-profit autonomous international
organization, with headquarters at the Municipality of Los
Banos, Province of Laguna, Republic of the Philippines,
hereinafter referred to each party as a “ Party ” individually
and to the two parties as the “ Parties ” collectively;

WHEREAS, COA is the cabinet-level governmental authority on the
agriculture, forestry, fishery, animal husbandry and food
affairs, research and development, and extension affairs in
Taiwan. Its responsibilities are working efficiently and
innovatively to help farmers prosper and build a sustainable
agricultural environment that strikes a balance between quality
of life, production and ecology.

WHEREAS, IRRI is an autonomous not-for-profit international
organization with the mission to reduce poverty and hunger,
improve the health of rice farmers and consumers, and ensure
environmental sustainability through collaborative research,
partnerships, and the strengthening of national agricultural
research and extension systems. IRRI is dedicated to rice
research and development and focused on developing and
disseminating high yielding rice varieties for use in different
parts of world; building capacity of researchers; and promoting
the exchange of elite germplasm and donor varieties; upscaling
seed production and adoption.

NOW THEREFORE, COA, and IRRI decide to cooperate and work
together in partnership to fulfill their common goals.

Article I
AREAS OF COLLABORATION
It is jointly decided that COA, whereas forming strategic
partnership with the International Cooperation Development Fund
(TaiwanICDF) with principal offices at Taipei, and IRRI wish to
cooperate in rice variety development program, evaluation and
trials, dissemination of rice research material and
technologies, and capacity building. Through the cooperation it
also hopes to extend the cooperative relationships with other
international agricultural organizations such as Consultative
Group on International Agricultural Research (CGIAR) and
Association of Independent Research Centers for Agriculture
(AIRCA) with the aim to encourage greater interaction and
synergy, and make contribution to the personnel capacity
building, agricultural research and extension, and international
humanitarian aid.
The scale of collaboration of the Parties will be determined
from time to time by a joint evaluation of Taiwan ’ s needs and
interests in collaboration, IRRI ’ s capacity and effectiveness
for such collaboration, and by the level of financial resources
available for the implementation of the joint program.
It is understood that specific COA-TaiwanICDF-IRRI collaborative
projects for implementation under this MOU will be as defined in
the agreement developed and approved in accordance with Article
III hereof.

Article II
PUBLICATIONS AND INTELLECTUAL PROPERTY RIGHT
1.Results of the collaborative research will be jointly
published in the public interest as the Parties agreed upon.
2.All research materials used in the collaboration will be
transferred using Material Transfer Agreements. Further, the
transfer of biological materials, including breeding materials
and germplasm, will be subject to pertinent biosafety and
bioprospecting laws, rules, and regulations. Either Party may
use such materials, but will give full credit and recognition
to the source of the materials.
3.Ownership of any Intellectual Property (hereinafter “ IP ” )
developed through this collaborative research will be
determined in accordance with the IP policy of COA, and the IP
law of Taiwan and the IP policy of IRRI. Notwithstanding the
foregoing, the Parties have jointly decided that the
management of such IP will be in accordance with the CGIAR
Principles on the Management of Intellectual Assets;
see:http://www.cgiar.org/consortium-news/principles-on-
management-of-intellectual-assets-approved/
4.Either Party may provide permission upon request for the use
of the results of the collaborative research for the following
purposes:
a.for non-commercial research conducted by public sector
organizations (“ Research Exemption ” ); and
b.for use in the event of a national or regional food security
emergency limited to the duration of the emergency (“
Emergency Exemption ” ).

Article III
AGREEMENTS
This MOU will be implemented through an agreement or series of
agreements to be developed jointly in accordance with the
founding goals and mission statements of the COA, TaiwanICDF and
IRRI, and with the financial resources available for cooperative
activities. Such agreements will specifically describe the
activities to be carried out by each Party and the TaiwanICDF
and will be consistent with the priorities and goals of the
Parties and the TaiwanICDF.

Article IV
AMENDMENTS
The Parties may, by common consent in writing, modify any
provision of this MOU.

Article V
EFFECTIVITY
This MOU will take effect on the date the Parties affix their
signatures, and will remain valid for five years unless sooner
terminated when one Party notifies the other in writing of its
intention to terminate this MOU, in which case, this MOU will
terminate six months from the date of such notification. This
MOU may be further renewed or extended upon mutual agreement of
the Parties, which will be made no later than six months prior
to the termination date.

IN WITNESS WHEREOF, the Parties hereunto have affixed their
signatures on the dates and at the places indicated below.

Signed in duplicate in the English language.


For the For the
Council of Agriculture International Rice
of the Republic of Research Institute
China (Taiwan) (IRRI)
(COA)

__________________ __________________
Boa-ji Chen Robert S. Zeigler
Minister Director General

Date: Jan. 23 2015 Date: Jan. 26 2015
Place:______________ Place:______________


Witness:

For the
International Cooperation and Development Fund
(TaiwanICDF)
__________________
Lee Pai-po, Deputy Secretary General
on behalf of
Weber V.B. Shih, Secretary General
Date: 26 Jan. 2015
Place:______________
Web site:Laws & Regulations Database of The Republic of China (Taiwan)