THE MARINE MAMMAL COMMISSION COMPENDIUM
BILATERAL / ISRAEL
Volume(s) 1-3; pages 3101-3106
Memorandum of Understanding Between the National Oceanic and Atmospheric Administration of the Department of Commerce of the United States of America and the Israel Oceanographic and Limnological Research of Israel Covering Marine and Freshwater Scientific and Technical Cooperation, Jerusalem, 1989 Done at Jerusalem 5 June 1989
Entered into force 5 June 1989
Primary source citation: Copy of text provided by the U.S. Department of State
MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OF THE DEPARTMENT OF COMMERCE OF THE UNITED STATES OF AMERICA AND THE ISRAEL OCEANOGRAPHIC AND LIMNOLOGICAL RESEARCH OF ISRAEL COVERING MARINE AND FRESHWATER SCIENTIFIC AND TECHNICAL COOPERATION
ARTICLE I. SCOPE AND OBJECTIVES
The National Oceanic and Atmospheric Administration of the Department of Commerce of the United States of America (hereinafter referred to as the ‘NOAA’) and the Israel Oceanographic and Limnological Research of Israel (hereinafter referred to as the ‘IOLR’) hereby agree to enter into a program of marine and freshwater scientific and technical cooperation according to the procedures established in this Memorandum of Understanding.
The purpose of this Memorandum of Understanding (hereinafter referred to as the ‘Memorandum’) is to establish a framework to encourage and increase cooperative scientific activities between NOAA and IOLR scientists; to provide opportunities for the exchange of information, ideas, skills and techniques; to investigate problems of common interest; and to utilize facilities and equipment available to both countries for scientific research.
NOAA and IOLR (hereinafter referred to as the ‘Parties’) may use, as is appropriate and mutually acceptable, the services of other government agencies, universities, organizations and institutions of both countries for the development and conduct of the cooperative programs. Technical experts from third countries or international organizations may also be invited to participate, provided both NOAA and IOLR concur. Similarly, NOAA and IOLR may seek opportunities to submit joint research proposals to third party granting institutions as appropriate.
ARTICLE II. COOPERATIVE ACTIVITIES
Activities under this Memorandum may consist of exchanges of scientific data and technical information; exchange visits; cooperative research within the scope of the Parties' national programs, between scientists with mutual research interests; cooperation in the holding of scientific symposia and workshops; and other cooperative activities as are mutually agreed. Specific areas of cooperative work may include oceanography, limnology, and marine biotechnology. Details of specific activities agreed upon within the terms of this Memorandum shall be confirmed by the Parties in written project annexes. All activities will be subject to applicable laws and regulations of the United States of America and Israel.
ARTICLE III. SOURCES OF FUNDING
Cooperative activities under this Memorandum will be subject to and dependent upon the financial support and personnel available to the Parties. The terms of financing will be agreed upon by the Parties before the commencement of projects.
ARTICLE IV. PERSONNEL AND EQUIPMENT
To the extent feasible and permitted by their national laws, the Parties shall facilitate the granting of visas and other clearances necessary for personnel and equipment to enter into and exit from their territories for purposes of cooperation under this Memorandum.
ARTICLE V. INTELLECTUAL PROPERTY
Protection of intellectual property and rights thereto will be as set forth in Annex I, which is an integral part of this Memorandum.
ARTICLE VI. SECURITY OBLIGATIONS
Reciprocal security obligations related to cooperative activities under this Memorandum shall be observed in accordance with the provisions of Annex II, which forms an integral part of this Memorandum.
ARTICLE VII. PLANNING AND REVIEW OF ACTIVITIES
The Parties shall jointly review the progress of cooperation under this Memorandum on a periodic basis. Such review shall be undertaken by representatives nominated by NOAA and IOLR in a manner deemed mutually appropriate.
ARTICLE VIII. ENTRY INTO FORCE AND TERMINATION
This memorandum shall enter into force upon signature by both Parties and shall remain in force for five (5) years. It may be modified or extended by mutual agreement and may at any time be terminated by either Party upon ninety (90) days written notice to the other Party. In the event of termination of this Memorandum, arrangements will be made for completion of activities already underway pursuant thereto.
Done at Jerusalem, in duplicate, this fifth day of June, 1989. For the: National Oceanic and Atmospheric Administration of the Department of Commerce of the United States of America William A. Brown Ambassador of the United States of America
For the: Israel Oceanographic and Limnological Research of Israel Yuval Cohen Director-General of the Israel Oceanographic and Limnological Research
ANNEX I INTELLECTUAL PROPERTY
A. For the purposes of this Memorandum, ‘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. B. The Parties shall ensure adequate and effective protection for intellectual property created or furnished in the course of cooperation under this Memorandum and relevant implementing arrangements thereunder.
A. Each Party shall take appropriate measures to ensure that participants take necessary steps, in accordance with applicable national laws, to secure copyright to works created in the course of cooperative activity under this Memorandum.
B. Between NOAA and its participants under this Memorandum and between IOLR and its participants under this Memorandum, the ownership of rights and interests in copyrights shall be determined in accordance with the national laws and practices of the United States of America and Israel, respectively.
C. In the case of scientific and technological articles, reports and books created in the course of cooperation under this Memorandum, each Party shall enjoy in the territory of its country a non-exclusive, irrevocable, royalty-free license to translate, reproduce and publicly distribute copies of such works and to authorize others to exercise the rights vested in the Party by this license. Each Party is entitled to a similar license in third countries upon request. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work.
D. With respect to other copyrighted works, including computer programs or software, the following provisions shall apply to the allocation of rights under this Memorandum, except as otherwise provided in project annexes:
1. If a work is created by the personnel of one Party while assigned to the other Party (the Receiving Party) in the course of cooperative activity that involves only the visit or exchange of such personnel, the Receiving Party shall enjoy in the United States of America and Israel, and in third countries, a royalty-free, irrevocable, exclusive license to all rights in such work created during the course of such cooperation.
2. If a work is created during the course of a joint research project with an agreed scope of work, each Party shall enjoy in the territory of its country a royalty-free, irrevocable, exclusive license to all rights in such work and the party in whose country the work was created has the first option to such a license in third countries.
E. Notwithstanding the foregoing, if at the time of its creation, any work is of a type for which copyright protection is available under the laws of either the United States of America or Israel, but not under the laws of the other country, the Party from the country in which laws provide such protection shall be entitled to an assignment of all rights in such work worldwide. If a work is created under this Memorandum by a government officer or employee, it will be considered to be of a type for which copyright protection is available if such protection would be available to a non-government creator of such a work.
F. Each Party shall take necessary measures to ensure that its participants protect, in accordance with Article IV of this Annex, business-confidential information contained in works for which a Party has the right to copyright under this Memorandum.
A. For purposes of this Annex, ‘invention’ means any invention made in the course of projects under this Memorandum which is or may be patentable or otherwise protectable under the laws of the United States of America, Israel or any third country. An invention ‘made’ means conceived or first actually reduced to practice.
B. Between NOAA and its participants under this Memorandum and between IOLR and its participants under this Memorandum, the ownership of rights and interests in inventions will be determined in accordance with the national laws and practices of the United States of America and Israel, respectively.
C. As between the Parties, the Parties agree that:
1. If an invention is made in the course of a cooperative project that involves only a transfer or exchange of information between the participants in the cooperative activities, such as by joint meetings, seminars or the exchange of technical reports or papers, unless provided otherwise in an applicable implementing arrangement:
Either the Party whose personnel makes the invention (‘the Inventing Party’) or the participant who makes the invention, has the right to obtain all rights and interests in the invention available under the national laws of all third countries.
In any country where the Inventing Party or participant decides not to obtain such rights and interests, the other Party has the right to do so.
2. If the invention is made by a participant of one Party (‘the Assigning Party’) while assigned to the other Party (‘the Receiving Party’) in the course of a program of cooperative activity that involves only the visit or exchange of scientific and technical personnel:
The Receiving Party has the right to obtain from the Assigning Party those rights and interests in the invention that the Assigning Party can, consistent with the laws of its country, require the inventor to assign to it, and the Receiving Party may obtain these rights in all countries where they are recognized.
In any country where the Receiving Party decides not to obtain such rights and interests, the Assigning Party or its participant has the right to do so.
3. For other forms of cooperation, such as joint research projects with an agreed scope of work, each Party has the right to obtain in its country's territory all rights and interests in any invention made as a result of such cooperation, whereas the party in whose country the invention was made, or the participant who made the invention, has first option to secure legal protection of that invention in third countries, as well as the right to license or transfer such rights and interests in third countries.
D. Notwithstanding the foregoing, if an invention is of a type for which exclusive rights are available under the laws of either the United States of America or Israel, the Party or participant from the country whose laws provide for exclusive rights shall be entitled to an assignment of all such rights worldwide.
E. The Parties shall disclose to one another inventions made in the course of a program of cooperative activity and furnish to one another any documentation and information necessary to enable them to secure any rights to which they may be entitled. The Parties may ask one another in writing to delay publication or public disclosure of such documentation or information for the purpose of protecting their respective rights related to inventions. Unless otherwise agreed in writing, such restriction shall not exceed a period of six months from the date of communication of such information. Communication shall be through the Parties.
IV. BUSINESS-CONFIDENTIAL INFORMATION
A. The Parties do not expect, in the course of cooperative projects under this Memorandum, to furnish to one another or to create, or have the participants in the cooperative activities furnish or create, business-confidential information. In the event that such information is inadvertently furnished or created or that the Parties agree to furnish such information, each Party shall take necessary measures to ensure that its participants in the cooperative activities give full protection to such information in accordance with applicable laws, regulations and administrative practices.
B. For the purposes of this Annex, ‘business-confidential information’ means information of a confidential nature which meets all of the following conditions:
1. It is of a type customarily held in confidence for commercial reasons;
2. It is not generally known or publicly available from other sources;
3. It has not been previously made available by the owner to others without an obligation concerning its confidentiality; and
4. It is not already in the possession of the recipient without an obligation concerning its confidentiality.
C. Each Party shall take necessary measures to ensure that any information to be protected as ‘business- confidential’ shall be appropriately identified by the participants who furnish or assert that such information is to be protected. Information not identified as business-confidential need not be protected, except that a participant in the cooperative activity may by written notice sent within a reasonable period of time after furnishing or transferring such information, notify another participant that such information is business-confidential information. Such information will thereafter be protected.
D. It is the responsibility of the Party whose personnel accept such information to secure any clearances or registrations required under applicable laws, regulations or administrative practices governing the protection and dissemination of business-confidential information. The Party accepting business-confidential information shall notify the other Party before funishing such information to third parties and shall take appropriate steps to safeguard the information furnished from unauthorized disclosure.
V. OTHER FORMS OF INTELLECTUAL PROPERTY
‘Other forms of intellectual property’ means any intellectual property other than those described in Articles II, III and IV above and includes, for example, mask works. Rights to other forms of intellectual property shall be determined in the same manner as for inventions. If an intellectual property created in the course of a program of cooperative activity under this Memorandum is of a type for which protection is not available under the laws of both the United States of America and Israel, the Party whose country's laws provide such protection shall be entitled to all such rights worldwide.
A. Each Party shall take all necessary and appropriate steps to provide for that cooperation of its authors, inventors, and discoverers which is required to carry out the provisions of this Annex.
B. Each Party shall assume the responsibility to pay to its authors, inventors and discoverers such awards or compensation as may be in accordance with the laws and regulations of its country. This Annex does not create any entitlement or prejudice any right or interest of the author, inventor or discoverer to an award or compensation for his or her work, invention or discovery.
C. Intellectual property disputes arising under this Memorandum should be resolved, if possible, through discussions between the concerned participants. If the participants cannot resolve such disputes, they shall be settled through consultations between the Parties or their designees.
VII. EFFECT OF TERMINATION OR EXPIRATION
Termination or expiration of this Memorandum shall not affect rights or obligations under this Annex.
This Annex is applicable to all cooperative activities under this Memorandum unless it is specifically agreed in individual project annexes that any or all of its provisions do not apply.
ANNEX II SECURITY OBLIGATIONS
Both Parties agree that no information or equipment requiring protection in the national security interest of either Party and classified in accordance with applicable national laws and regulations shall be provided under this Memorandum. Such information or equipment, unexpectedly created in the course of projects undertaken pursuant to this Memorandum, shall be protected from disclosure in accordance with applicable national laws and regulations and shall be brought immediately to the attention of the appropriate government officials for evaluation. Provision for protection of such information from unauthorized disclosure shall be set forth in writing by the Parties.
The transfer of unclassified information and equipment between the Parties under this Memorandum shall be subject to the national export control laws and regulations of each Party. The Parties will take all necessary and appropriate measures, in accordance with the international obligations, national laws and regulations of each Party, to prevent the unauthorized transfer or retransfer of unclassified, export-controlled information and equipment provided or produced under this Memorandum. Detailed provisions for the prevention of unauthorized transfer or retransfer of such information or equipment shall be incorporated, as appropriate, into all project annexes implementing this Memorandum.