In Hungarian

 

AGREEMENT
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF HUNGARY
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION

 

The Government of the Republic of Hungary and the Government of the United States of America (hereinafter referred to as “the Parties”);

Convinced that international cooperation in science and technology will strengthen the bonds of friendship and understanding between their peoples and will advance the state of science and technology to the benefit of both countries;

Recognizing the successful scientific and technological cooperation which has been developed between the two countries under the Agreement between the Government of the Hungarian People’s Republic and the Government of the United States of America for Scientific and Technological Cooperation signed on October 4, 1989 (hereinafter referred to as “the 1989 Agreement”); and

Convinced of the need for further developing mutually beneficial scientific and technological cooperation;

Have agreed as follows:

Article I

1.

The Parties shall develop, support and facilitate scientific and technological cooperation between cooperating agencies of their two countries on the basis of the principles of equality, reciprocity, and mutual benefit. This cooperation may be undertaken in such fields as basic science, environmental protection, medical sciences and health, agriculture, engineering research, energy, natural resources and their useful utilization, standardization, science and technology as may be agreed by the Joint Board established in accordance with Articles IX and X of this Agreement.
2.

Cooperative activities under this Agreement may include coordinated programs and joint research projects, studies, and investigations; joint scientific courses, workshops, conferences and symposia; exchange of scientific and technological information and documentation in the context of cooperative activities; exchange of scientists, specialists, and researchers; exchange or sharing of equipment or materials; and other forms of scientific and technological cooperation as may be agreed by the Joint Board.

Article II

        Cooperation under this Agreement shall be subject to the applicable national laws and regulations of the Parties and to the availability of personnel and appropriated financial resources.

Article III

        Cooperative activities under this Agreement shall take place under implementing memoranda of understanding or other arrangements (hereinafter referred to as “implementing arrangements”) concluded between government agencies of the two Parties (see Article XI). Such implementing arrangements may cover the subjects of cooperation, procedures, funding, allocation of costs, and other relevant matters. Unallocated monies and activities initiated under the 1989 Agreement continuing under this Agreement shall be governed by the rules and regulations of this Agreement.

Article IV

With respect to cooperative activities under this Agreement, each Party shall, in accordance with its laws and regulations, facilitate:
a)

Prompt and efficient entry into and exit from its territory and domestic travel and work of persons participating in the implementation of this Agreement;
b)

Prompt and efficient entry into and exit from its territory of appropriate equipment, instrumentation, materials, supplies, samples and project information; and
c)

Provision of access to relevant geographic areas, data, materials, institutions, and persons participating in the implementation of this Agreement.

Article V

        Provisions for the protection and distribution of intellectual property created or furnished in the course of cooperative activities under this Agreement are set forth in Annex A. Provisions for security of information and concerning transfer of technology are set forth in Annex B. Annexes A and B constitute an integral part of this Agreement.

Article VI

        Scientific and technological information of a nonproprietary nature derived from the cooperative activities under this Agreement shall be made available, unless otherwise agreed in writing under implementing arrangements, to the world scientific community through customary channels and in accordance with current procedures of the cooperating agencies.

Article VII

        Scientists, technical experts and institutions of third countries or international organizations may be invited, upon consent of both Parties, to participate at their own expense, unless otherwise agreed, in activities being carried out under this Agreement.

Article VIII

        Nothing in this Agreement shall prejudice arrangements for scientific and technological cooperation not under this Agreement between cooperating agencies of the Parties.

Article IX

For the purposes of implementing this Agreement, the Parties shall establish a Hungarian-U.S. Joint Board on Scientific and Technological Cooperation (hereinafter referred to as “The Joint Board"). The Joint Board shall:
a)

Recommend to the Parties overall policies under the Agreement;
b)

Prepare periodic reports concerning the activities of the Joint Board and cooperative activities undertaken under this Agreement for submission to the Minister of Foreign Affairs of the Republic of Hungary and the Secretary of State of the United States of America and;
c)

Undertake such further functions as may be agreed by the Parties, including the expenditure of unallocated funds.

Article X

1.

The Joint Board shall consist of four representatives, two of whom shall be designated by, and serve at the pleasure of, the Government of the Republic of Hungary and two of whom shall be designated by, and serve at the pleasure of, the Government of the United States of America. Each Party may designate a co-chairperson and a commissioner.
2.

The Joint Board shall meet periodically, as agreed by the Parties. The meetings will alternate between Hungary and the United States. Unless otherwise agreed by the Parties, each Party shall bear the cost of its travel and participation in Joint Board Meetings.
3.

The Joint Board shall act by consensus.

Article XI

1. Each Party shall have an Executive Agent. The Executive Agents shall be the Ministry of Education for the Republic of Hungary and the Department of State for the United States of America.
2. The Executive Agents shall exercise overall oversight and coordinate cooperative activities under this Agreement other than those carried out under implementing arrangements entered into under Article III and which are directly funded by participating government agencies.

Article XII

1. This Agreement shall enter into force when the Parties notify each other, through diplomatic channels, of the completion of their respective internal requirements necessary for the entry into force of this Agreement and it shall remain in force for five years. It will be automatically extended for consecutive periods of five (5) years unless terminated by at least ninety (90) days prior written notice to the other Party. This agreement shall supersede the 1989 Agreement.
2. The termination of the 1989 Agreement shall not affect the completion of any cooperative activity initiated under the 1989 Agreement and not yet completed.
3. Either Party may terminate this Agreement at any time upon ninety (90) days written notice to the other Party. Unless otherwise agreed by the Parties, the termination of this Agreement shall not affect the completion of any cooperative activity undertaken under this Agreement and not completed at the time of the termination of this Agreement.
4. This Agreement may be amended by written agreement of the Parties.

Done at Washington, D.C., in duplicate, this fifteenth day of March, 2000, in the Hungarian and English languages, both texts being equally authentic.

FOR THE GOVERNMENT OF THE REPUBLIC OF HUNGARY

 

 FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA

*     *     *     *     *

ANNEX A

INTELLECTUAL PROPERTY

Pursuant to Article V of this Agreement: The Parties shall ensure adequate and effective protection of intellectual property created or furnished under this Agreement and relevant implementing arrangements. The Parties agree to notify one another in a timely fashion of any inventions or copyrighted works arising under this Agreement and to seek protection for such intellectual property in a timely fashion. Rights to such intellectual property shall be allocated as provided in the Annex. 

I. SCOPE

A. This Annex is applicable to all cooperative activities undertaken pursuant to this Agreement, except as otherwise specifically agreed by the Parties or their designees.

B. For purposes of this Agreement, "intellectual property" shall have the meaning found in Article 2 of the Convention Establishing the World Intellectual Property Organization, done at Stockholm, July 14, 1967.

C. This Annex addresses the allocation of rights, interests, and royalties between the Parties. Each Party shall ensure that the other Party can obtain the rights to intellectual property allocated in accordance with the Annex, by obtaining those rights from its own participants through contracts or other legal means, if necessary. This Annex does not otherwise alter or prejudice the allocation between a Party and its nationals, which shall be determined by that Party's laws and practices.

D. Disputes concerning intellectual property arising under this Agreement should be resolved through discussions between the concerned participating institutions or, if necessary, the Parties or their designees. Upon mutual agreement of the Parties, a dispute shall be submitted to an arbitral tribunal for binding 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 Nations Commission on International Trade Law (UNCITRAL) shall govern.

E. Termination or expiration of this Agreement shall not affect rights or obligations under this Annex.


II. ALLOCATION OF RIGHTS 

A. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, reports, and books directly arising from cooperation under this Agreement. 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 explicitly 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 primarily in furtherance of their education, shall receive intellectual property rights under the policies of the host institution. In addition, each visiting researcher named as an inventor shall be entitled to share in a portion of any royalties 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. Rights and interests in third countries will be determined in implementing arrangements. If research is not designated as "joint research" in the relevant implementing arrangements, rights to intellectual property arising from the research will be allocated in accordance with paragraph II.B.(1). In addition, each person named as an inventor shall be entitled to share in a portion of any royalties earned by either institution from the licensing of the property.
(B) Notwithstanding paragraph II.B.2.(A), if a type of intellectual property is protected 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 inventors of the property shall nonetheless be entitled to royalties as provided in paragraph II.B.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 Agreement, each Party and its participants shall protect such information in accordance with applicable laws, regulations, and administrative 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 has not previously made the information available without imposing in a timely manner an obligation to keep it confidential.


ANNEX B

 
SECURITY OBLIGATIONS 

I. PROTECTION OF INFORMATION

Both Parties agree that no information or equipment requiring protection in the interests of national defense or foreign relations of either Party and classified in accordance with the applicable national laws and regulations shall be provided under this Agreement. In the event that information or equipment which is known or believed to require such protection is identified in the course of cooperative activities undertaken pursuant to this Agreement, it shall be brought immediately to the attention of the appropriate officials and the Parties shall consult concerning the need for and level of appropriate protection to be accorded such information or equipment.

II. TECHNOLOGY TRANSFER 

The transfer of unclassified export-controlled information or equipment between the Parties shall be in accordance with the relevant laws and regulations of each Party to prevent the unauthorized transfer or retransfer of such information or equipment provided or produced under this Agreement. If either Party deems it necessary, detailed provisions for the prevention of unauthorized transfer or retransfer of such information or equipment shall be incorporated into the contracts or implementing arrangements.