Agreement between Canada and the European Atomic Energy Community for cooperation in the area of nuclear research

Article 1 deemed necessary by the participants engaged in cooperative activity, including, where necessary, the Parties themselves; Purpose The purpose of this Agreement is to encourage and facili- (c) ‘intellectual property' shall have the meaning defined tate cooperation, in fields of common interest in the in Article 2 of the Convention establishing the World peaceful, non-explosive, non-military uses of nuclear Intellectual Property organisation, done at Stockholm, energy where the Parties are supporting research and 14 July 1967; development activities to advance science and/or tech- nology relevant to those fields of interest. (d) ‘joint research' means research that is financially supported by either or both Parties and that involves

Article 2 collaboration by participants from both Canada and the Community. All research carried out pursuant to this Agreement shall be joint research; Definitions For the purposes of this Agreement: (e) ‘participant' means any person, legal entity, university, research institute or any other body and undertaking (a) ‘cooperative activity' means any activity carried on participating in a cooperative activity, including the under this Agreement, and includes joint research; Parties themselves. L 346/66 EN Official Journal of the European Communities 22. 12. 98

Article 3 3. shared use of research facilities; 4. exchange and provision of information and data; Principles Cooperation shall be conducted subject to applicable laws 5. exchange of reference materials, samples, fuels, equip- and regulations and on the basis of the following prin- ment and instrumentation; ciples: 6. visits and exchanges of scientists, engineers or other (a) mutual benefit; appropriate personnel for the purposes of partici- pating in meetings, seminars, symposia, workshops (b) reciprocal opportunities for access to each other’s and other research activities relevant to cooperation programmes and activities relevant to the purpose of under this Agreement; this Agreement; 7. exchange of information on practices, laws, regula- (c) non-discrimination; tions and programmes relevant to cooperation under (d) timely exchange of information which may affect the the Agreement; actions of participants in cooperative activities; 8. such other activities as may be mutually determined (e) effective protection of intellectual property and equit- by the Joint Science and Technology Cooperation able sharing of intellectual property rights; Committee in accordance with the applicable policies and programmes of the Parties. (f) balanced realisation of economic and social benefits by Canada and the Community in view of the contri- (b) Except as otherwise agreed by the Parties, joint butions made to cooperative activities by the respec- research projects shall proceed under this Agreement only tive participants and/or Parties. after the participants in a project have concluded a joint technology management plan, as indicated in the Annex

Article 4 to this Agreement. Areas of cooperation Article 6 Cooperation may be pursued in the following areas of research and development: Joint Science and Technology Cooperation Com- 1. nuclear safeguards; mittee (JSTCC) 2. radioactive waste management, including disposal; (a) This Agreement shall be administered by the Joint Science and Technology Cooperation Committee 3. decommissioning of nuclear facilities; composed of representatives of each Party. 4. radiation protection; (b) The functions of the JSTCC shall be to: 5. nuclear reactor safety; 1. promote and review the activities envisaged under the 6. controlled nuclear fusion. Agreement;

Article 5 2. authorise activities falling under Article 5(a)(8) as being cooperation to which this Agreement applies; Modalities of cooperation 3. advise the Parties on ways to enhance cooperation consistent with the principles set out in this Agree- (a) Cooperation may include but is not limited to the ment; following activities: 4. provide a report annually to the Parties on the level, 1. participation of persons and legal entities, including status and effectiveness of cooperation undertaken the Parties themselves, universities, research institu- under this Agreement; tions, and other bodies or undertakings, in each other’s research projects or in agreed multilateral projects, in accordance with the rules governing such 5. review the efficient and effective functioning of the projects, subject to the consent if required, of the third Agreement, and address any disputes between the parties involved; Parties concerning the interpretation of this Agree- ment; 2. specific bilateral cooperative research projects estab- lished by the Parties themselves, possibly on the basis 6. maintain a list of contact persons for a given area of of an implementing arrangement; research. 22. 12. 98 EN Official Journal of the European Communities L 346/67 (c) The JSTCC shall meet approximately once a year, tion governing existing science and technology collabora- meetings being held alternatively in Canada and the tion. Community. Other meetings may be held as mutually agreed. (b) This Agreement shall complement the provisions of the Canada/Euratom Agreement of 1959. (d) Decisions of the JSTCC shall be reached by consensus. Minutes, comprising a record of the decisions and principal points discussed, shall be taken at each (c) Subject to paragraph 10(a), this Agreement is meeting. These minutes shall be agreed by those persons without prejudice to other existing Agreements or selected from each side to jointly chair the meetings. The arrangements between the Parties or any Agreement or JSTCC annual report shall be made available to the Joint arrangement between the Parties and third parties. Cooperation Committee established under the 1976 EC- Canada framework Agreement for commercial and (d) The activities covered by existing sectoral coopera- economic cooperation and appropriate authorities of each tion agreements and memoranda of understanding party. between the Parties shall continue to fall under the scope of these agreements or memoranda.

Article 7 (e) On termination of existing sectoral cooperation agreements and memoranda of understanding between Funding the Parties, as provided for in these agreements and memoranda, the Parties wil review the situation with a (a) Cooperative activities shall be subject to the avail- view to including the activities covered by such agree- ability of funds and to the applicable laws and regulations, ments and memoranda within this Agreement. policies and programmes of Canada and the Community. (b) Costs incurred by participants in cooperative activ- ities subject to this Agreement shall not require any Article 11 transfer of funds from one Party to the other.

Article 8 Territorial application This Agreement shall apply, on the one hand, to the Entry of personnel and equipment territory of Canada, and, on the other hand, to the terri- tories in which the Treaty establishing the European Each Party shall take all reasonable steps and use its best Atomic Energy Community is applied and under the efforts, within applicable laws and regulations, to facilitate conditions laid down in that Treaty. entry to and exit from its territory of personnel, material and equipment of the participant(s) engaged in or used in cooperative activities under this Agreement.

Article 12

Article 9 Entry into force and termination Dissemination and utilisation of information (a) This Agreement shall enter into force on the date The dissemination and utilisation of information, and the on which the Parties have notified each other in writing management, allocation and exercise of intellectual prop- that their legal requirements for entry into force of this erty rights, resulting from joint research under this Agree- Agreement have been fulfilled. ment, shall be subject to laws and regulations applicable on each side and to the principles set out in the Annex, which forms an integral part of this Agreement. (b) This Agreement may be amended by agreement of the Parties. Amendments shall enter into force on the date on which the Parties have notified each other in

Article 10 writing that their legal requirements have been fulfilled. (c) This Agreement may be terminated at any time by Other Agreements and transitional provisions either Party on 12 months’ written notice. The expiration or termination of the Agreement shall not affect the (a) This Agreement shall supersede and replace those validity or duration of any arrangements made under it, or provisions of the Canada-European Communities frame- any specific rights and obligations that have accrued in work agreement for commercial and economic coopera- compliance with the Annex. L 346/68 EN Official Journal of the European Communities 22. 12. 98

Article 13 This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of those texts being equally authentic. In witness whereof the undersigned have signed this Agreement. Done at Ottawa, 17 December 1998. For the Government of For the European Atomic Canada Energy Community 22. 12. 98 EN Official Journal of the European Communities L 346/69 ANNEX ANNEX ON THE DISSEMINATION AND UTILISATION OF INFORMATION AND MANAGEMENT, ALLOCATION AND EXERCISE OF INTELLECTUAL PROPERTY RIGHTS I. Ownership, allocation and exercise of rights 1. Participants performing joint research shall develop joint technology management plans (JTMPs) which shall contain, as a minimum, principles in respect of the ownership and use, including publication, of information and intellectual property (IP) to be created in the course of the joint research (1). The JTMPs may be reviewed by the Parties and shall be approved by the responsible funding agency or department of the party involved in financing the research, before the conclusion of any specific research and develop- ment cooperation contracts to which they refer. The JTMPs shall be developed taking into account the aims of the joint research, the relative contributions of the participants, the advantages and disadvantages of licensing by territory or for fields of use, requirements imposed by applicable laws, the need for dispute settlement procedures and other factors deemed appropriate by the participants. The rights and obligations concerning the research and information generated by visiting researchers in respect of IP shall also be addressed in the JTMPs. 2. Information or IP created in the course of joint research and not addressed in a JTMP shall be allocated according to the principles set out in point I.1 according to the principles set out in that JTMP. In case of disagreement which cannot be resolved by the agreed dispute resolution procedure, such unallocated information or IP shall be owned jointly by all the participants involved in the joint research from which the information or IP results, and each participant to whom this provision applies shall have the right to use such information or IP for his/her own commercial exploitation with no geographical limitation. 3. In accordance with applicable laws and regulations, each Party shall ensure that the other Party and its participants may have the rights to IP allocated to them in accordance with the principles set out in Section I of this Annex. 4. While maintaining the conditions of competition in areas affected by the Agreement, each Party shall endeavour to ensure that rights acquired pursuant to the Agreement, and arrangements made under it, are exercised in such a way as to encourage in particular: (i) the dissemination and use of information created, disclosed, or otherwise made available, under the Agreement; (ii) the adoption and implementation of international standards. II. Copyright works Copyright belonging to the Parties or to their participants shall be accorded treatment consistent with the Agreement on Trade Related Aspects of Intellectual Property Rights administered by the World Trade Organisation. III. Scientific literary works Without prejudice to Section IV, unless otherwise agreed in the JTMP, any publication of results of the joint research shall be made jointly by the participants. In addition to the foregoing general rule, the following procedure shall apply: 1. in the case of publication by a Party or public bodies of that Party, of scientific and technical journals, articles, reports, books, including video and software arising from joint research pursuant to the Agreement, the other Party shall be entitled, with written permission from the publisher, to a worldwide, non-exclusive, irrevocable, royalty-free licence to translate, reproduce, adapt and publicly distribute such works; 2. the parties shall endeavour to disseminate literary works of a scientific character arising from joint research pursuant to the Agreement and published by independent publishers as widely as possible; (1) The indicative features of such JTMPs are set out in the Appendix. L 346/70 EN Official Journal of the European Communities 22. 12. 98 3. all copies of a copyright work to be publicly distributed and prepared under this provision shall indicate the names of the author(s) of the work unless an author or authors expressly declines or decline to be named. Copies shall also bear a clearly visible acknowledgement of the cooperative support of the Parties. IV. Undisclosed information A. Documentary undisclosed information 1. Participants shall identify at the earliest possible moment, and preferably in the JTMP, the information that it wishes to remain undisclosed in relation to this Agreement, taking into account, among other things, the following criteria: — secrecy of the information in the sense that the information is not, as a body or in the precise configuration or assembly of its components, generally known among or readily accessible by lawful means to experts in the field, — the actual or potential commercial value of the information by virtue of its secrecy, — previous protection of the information in the sense that it has been subject to steps that were reasonable under the circumstances by the person lawfully in control, to maintain its secrecy. 2. Participants shall not normally be required to provide undisclosed information to the Parties. Should the Parties become aware of such information, they shall respect the privileged nature thereof, and it shall not be further disclosed by, within, or between the Parties, without the written consent of the participant(s) to whom the information belongs. These limitations shall automatically terminate when such information is disclosed by the owner, without restriction, to experts in the field. 3. Each Party shall ensure that undisclosed information, communicated between them under the Agreement, and its ensuing privileged nature is readily recognisable as such by the other Party, for example, by means of an appropriate marking or restrictive legend. This also applies to any reproduction of the said informa- tion, in whole or in part. 4. Undisclosed information communicated under the Agreement, and received from the other Party, may be disseminated by the receiving Party to persons within or employed by the receiving Party and other concerned departments or agencies of the receiving Party authorised for the specific purposes of the joint research under way, provided that any undisclosed information so disseminated shall be pursuant to a written agreement of confidentiality and shall be readily recognisable as such, as set out above. 5. With the prior written consent of the Party providing undisclosed information under the Agreement, the receiving Party may disseminate such undisclosed information more widely than otherwise permitted in paragraph 4. The Party shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party will grant such approval to the extent permitted by its domestic policies, regulations and laws. B. Non-documentary undisclosed information Non-documentary undisclosed or other confidential or privileged information provided in seminars and other meetings arranged under the Agreement, or information arising from the attachment of staff, use of facilities, or joint projects, shall be treated by the Parties or their participants according to the principles specified in Section IV.A, provided, however, that the recipient of such undisclosed or other confidential or privileged information has been made aware in advance and in written form of the confidential character of the information to be communicated. C. Control Each Party shall make its best efforts to ensure that undisclosed information received by it under the Agreement shall be controlled as provided therein. If one of the Parties becomes aware that it will be, or may reasonably be expected to become, unable to meet the non-dissemination provisions of paragraphs A and B, it shall immediately inform the Party likely to be affected by the dissemination. The Parties involved shall thereafter consult to define an appropriate course of action. 22. 12. 98 EN Official Journal of the European Communities L 346/71 Appendix Indicative features of a joint technology management plan (JTMP) The JTMP is a specific contract to be concluded between the participants in joint research defining their respective rights and obligations. With respect to intellectual property rights, the JTMP will normally address, inter alia: ownership, protection, user rights for research and development purposes, exploitation and dissemination, including arrangements for joint publication, the rights and obligations of visiting researchers and dispute settlement procedures. The JTMP may also address foreground and background information, the rules governing disclosure of undisclosed information, licensing and deliverables.