Common use of Authentic languages Clause in Contracts

Authentic languages. This Agreement shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Hindi languages, each text being equally authentic. In witness whereof, the undersigned, being duly authorised thereto, have signed this Agreement. For the European Atomic Energy Community For the Government of the Republic of India Department of Atomic Energy 5648/20 AF/NC/vm 23 ECOMP.3.B EN Rights to intellectual property created or furnished under this Agreement shall be allocated as provided in this Annex. APPLICATION This Annex is applicable to joint research undertaken pursuant to this Agreement, except as otherwise agreed by the Parties. I. Ownership, allocation and exercise of rights 1. For purpose of this Annex “intellectual property” shall have the meaning as defined in Article 1. 2. This ▇▇▇▇▇ addresses the allocation of rights and interests of the Parties and their participants. Each Party and its participants shall ensure that the other Party and its participants may obtain the rights to intellectual property allocated to it in accordance with this Annex. This Annex does not otherwise alter or prejudice the allocation of rights, interests and royalties between a Party and its nationals or participants which will be determined by the laws and practices of each Party and in compliance with the conventions of the World Intellectual Property Organization (hereinafter referred as “the WIPO-conventions”) and the respective national rules applicable in the field of intellectual property. 3. The Parties shall apply the following principles, which shall be provided for in specific contractual arrangements: (a) effective protection of intellectual property including copyright of software. The Parties shall ensure that they and/or their participants notify one another within a reasonable time of the creation of any intellectual property arising under this Agreement or implementation arrangements and to seek protection for such intellectual property in a timely fashion as appropriate; (b) effective exploitation of results; (c) taking into account the contributions of the Parties and their participants in determining the rights and interests of the Parties and participants; (d) non-discriminatory treatment of participants from the other Party as compared with the treatment given to its own participants, with regard to ownership, utilisation and dissemination of information and ownership, allocation and exercise of intellectual property rights; (e) protection of business-confidential information. 4. The participants shall jointly develop a TMP. The TMP is a specific agreement to be concluded between the participants in joint research defining their respective rights and obligations, including those in respect of the ownership and use, including publication, of information and intellectual property to be created in the course of joint research. With respect to intellectual property (IP), the TMP will normally address, among other things, 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 TMP shall also address the treatment of foreground and background information, licensing and deliverables. The TMP shall be developed within the rules and regulations in force in each Party and without prejudice to the WIPO conventions and the respective national rules applicable in the field of IP taking into account the aims of the joint research, the relative financial or other contributions of the Parties and participants, the advantages and disadvantages of licensing by territory or for fields of use, requirements imposed by applicable national laws, the need for dispute settlement procedures and other factors deemed appropriate by the participants. The rights and obligations concerning the research generated by visiting researchers in respect of IP shall also be addressed in the joint TMP. The TMP shall be approved by the responsible funding agencies, or departments of the Parties involved in financing the research, before the conclusion of the specific research and development cooperation contracts to which they are attached. 5. Information or IP created in the course of joint research and not addressed in a TMP will be allocated in accordance with the principles set out in the TMP to be concluded as soon as possible. In the event of absence of a TMP and in case of a disagreement which cannot be resolved by the agreed dispute settlement procedure, such information or IP shall be owned jointly by all the participants involved in the joint research from which the information or IP results. Each participant to whom this provision applies shall have the right to use such information or IP for his own commercial exploitation with no geographical limitation. 6. In accordance with applicable national laws and respecting the above mentioned principles, each Party will ensure that the other Party and its participants may have the rights to IP allocated to them. 7. While maintaining the condition of competition in areas affected by this Agreement, each Party shall endeavour to ensure that rights acquired pursuant to this Agreement, and arrangements made under it, are exercised in such a way as to encourage, in particular the dissemination and use of information created, disclosed or otherwise made available, under this Agreement. 8. Termination or expiry of this Agreement will not affect rights or obligations of participants with regard to intellectual property under approved on-going projects in accordance with this Annex. II. Copyright works and scientific literary works Copyright belonging to the Parties or to their participants shall be accorded treatment consistent with the Berne Convention (Paris Act 1971) and the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS Agreement). Without prejudice to Section I and to the possibility to obtain an intellectual property right and to Section III, and unless otherwise agreed in the TMP, results of research shall be published jointly by the Parties or participants. Subject to the foregoing general rule, the following procedures shall apply: 1. In the case of publication by a Party or its participants in scientific and technical journals, articles, reports, books, including video arising from joint research under this Agreement, the other Party or its participants will be entitled to a worldwide, non-exclusive, irrevocable, royalty-free license to translate, reproduce, adapt, transmit and publicly distribute such works. 2. The Parties shall endeavour to disseminate literary works of a scientific character arising from joint research pursuant to this Agreement and published by independent publishers as widely as possible. 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 explicitly declines to be named. Copies shall also bear a clearly visible acknowledgement of the cooperative support of the Parties. III. Undisclosed information A. Documentary undisclosed information 1. Each Party, its agencies or its participants, as appropriate, shall identify by appropriate documentary means at the earliest possible moment, and preferably in the TMP, the information that they wish to remain undisclosed in relation to this Agreement, taking into account inter alia the following criteria: (a) secrecy of the information in the sense that it 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 fields; (b) the actual or potential commercial value of the information by virtue of its secrecy; (c) 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. The Parties and their participants may in certain cases agree that, unless otherwise indicated, parts or all of the information provided, exchanged or created in the course of joint research pursuant to this Agreement may not be disclosed. 2. Each Party shall ensure that it and its participants clearly identify undisclosed information, for example by means of an appropriate marking or restrictive legend or an appropriate non-disclosure agreement. This also applies to any reproduction of the said information, in whole or in part that shall bear the same marking or legends. A Party receiving undisclosed information pursuant to this Agreement will respect the privileged nature thereof. These limitations shall automatically terminate when this information is disclosed by the owner into the public domain. 3. Undisclosed information communicated under this Agreement may be disseminated by the receiving Party only to persons within or employed by the receiving Party and other departments or agencies concerned 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 under paragraph 2. 4. With the prior written consent of the Party providing undisclosed information under this Agreement, the receiving Party may disseminate such undisclosed information more widely than otherwise permitted in paragraph 3. The Parties 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 1. In cases where undisclosed information is communicated by the providing Party orally and in particular arising from seminars, meetings, visits to premises or laboratories, the provisions of paragraphs 1 to 4 of Section III A will apply mutatis mutandis, provided that the provider and recipient of such undisclosed or other confidential or privileged information jointly establish, prior to any oral communication, a memorandum that describes the limits and content of those oral communications.