THE MARINE MAMMAL COMMISSION COMPENDIUM
BILATERAL / FRANCE
First Update; pages 673-679
Done at Washington, D.C. 22 July 1993 and Paris 2 August 1993
Entered into force 2 August 1993, effective 1 October 1993
Primary source citation: Copy of text provided by the U.S. Department of State
MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL SCIENCE FOUNDATION IN WASHINGTON, D.C., FOR THE UNITED STATES OF AMERICA AND INSTITUT FRANCAIS DE RECHERCHE POUR L'EXPLOITATION DE LA MER ON THE PARTICIPATION OF FRANCE IN THE OCEAN DRILLING PROGRAM AS A REGULAR MEMBER
Accordingly, the National Science Foundation and the Institut Francais de Recherche Pour l'Exploitation de la Mer endorse continued cooperation in ocean drilling activities during the period 1 October 1993 to 30 September 2003, in accordance with the following articles:
"Article 1 - MEMBERSHIP STATUS
"Article 2 - DURATION
"Article 3 - SCIENTIFIC PLANNING
Scientific planning and direction of the Ocean Drilling Program shall be the responsibility of JOIDES. The Institut Francais de Recherche Pour l'Exploitation de la Mer will be a member of JOIDES with the right to be represented on each committee, panel, or working group thereof. International membership and representation in JOIDES is restricted to regular members, including consortia, but excluding the individual members of consortia. The contractors will submit, to the Executive Committee of JOIDES, the annual program plan and budgets for approval prior to their adoption by the National Science Foundation.
"Article 4 - OCEAN DRILLING PROGRAM COUNCIL
The Council shall serve as a consultative body reviewing financial, managerial, and other matters involving the overall support of the Ocean Drilling Program. The Council shall provide a forum for exchange of views among the contributing countries. No formal voting procedures will be established.
The National Science Foundation representative will serve as permanent Chairman of the Council. A formal agenda will be prepared for each meeting and written records of each meeting will be kept. The National Science Foundation will provide secretariat services to the Council.
The Council will normally meet once each year. The annual meeting shall include a financial report and discussion, an audit report, a review of scientific and technical achievements for the past year, draft program plans and budgets for the coming year, and other topics of mutual interest. Normally, all regular meetings of the Council will be scheduled in conjunction with the JOIDES Executive Committee meeting for review and approval of the annual program plans and budgets.
Liaison representatives of prime contractors and important scientific planning entities will be available to the Council.
"Article 5 - INTELLECTUAL PROPERTY RIGHTS
"Article 6 - RIGHT TO MAKE PROPOSALS; DATA PRIVILEGES
The Institut Francais de Recherche Pour l'Exploitation de la Mer will have the right: a) to make proposals to JOIDES of scientific projects or technical objectives of interest to the Institut Francais de Recherche Pour l'Exploitation de la Mer. b) to participate in the analysis, and have access to the data, of geophysical and other site surveys performed in support of the program. c) to engineering plans, data or other information developed under contracts supported as program costs, subject to Article 1 limitations.
Site surveys may be contributed by France as its scientific interests and available resources allow. Site survey requirements will be identified by JOIDES.
"Article 7 - VISA AND CUSTOMS FACILITATION
"Article 8 - PARTICIPATION ON BOARD THE ODP DRILLSHIP
"Article 9 - INITIAL REPORTS OF THE OCEAN DRILLING PROGRAM
"Article 10 - FINANCIAL CONTRIBUTION
The financial contribution of all participants will be commingled to support the total program costs. "Program costs" are determined by the National Science Foundation, and are those costs incurred in support of contractors performing functions for joint planning and operations of the Ocean Drilling Program, and program direction and management costs incurred by the National Science Foundation which relate to international participation. Activities which may be carried out by the National Science Foundation's contractors in direct support of United States scientific undertakings are not program costs and will not be funded from commingled accounts.
"Article 11 - SALARIES, TRAVEL, AND EXPENSES
"Article 12 - CONSULTATION
"Article 13 - TERMINATION NOTICE
by: Pour le Pr'sident Directeur G'n'ral Le Directeur G'n'ral D'l'gu' [Signature] Pierre Papon Director-General Institut Fran*ais de Recherche pour l'Exploitation de la Mer on: 2 Aout 1993 Date
by: [Signature] Frederick M. Bernthal Acting Director National Science Foundation on: July 22, 1993 Date
ANNEX A to the Memorandum of Understanding Between the National Science Foundation and the Institut Francais de Recherche Pour l'Exploitation de la Mer on the participation of France in the Ocean Drilling Program as a Regular Member
Financial Contribution for U.S. Fiscal Year 1994
The Institut Fran*ais de Recherche pour l'Exploitation de la Mer will support the Ocean Drilling Program with a total contribution of United States two million nine hundred fifty thousand dollars (U.S. $2,950,000) in cash for the period October 1, 1993 to September 30, 1994, calculated at the rate of $245,833.33 per month of drilling operations. Should the Ocean Drilling Program be terminated before September 30, 1994, the Institut Fran*ais de Recherche pour l'Exploitation de la Mer will be reimbursed at the rate of $245,833.33 for each month of curtailment. Payment shall be made in four equal installments on or about January 1, April 1, July 1 and October 1, 1994. Should France withdraw from the program under the terms of Article 13 above, no refunds of contributions will be made.
Contributions for subsequent years will be adjusted in proportion to actual changes in program costs experienced in the Ocean Drilling Program. Such detailed adjustments will be submitted by the National Science Foundation to the Institut Francais de Recherche pour l'Exploitation de la Mer in good time, 18 to 20 months prior to the U.S. Fiscal Year concerned by the adjustment, for appropriate discussion during the annual Ocean Drilling Program Council meeting. by: [Signature] Pierre Papon President-Director General Institut Fran*ais de Recherche pour l'Exploitation de la Mer on: 6 October 1993 Date
by: [Signature] Frederick M. Bernthal Acting Director National Science Foundation on: 9 September 1993 Date
ANNEX B Intellectual Property Rights
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 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 this Annex.
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 UNCITRAL shall govern.
E. Termination or expiration of this agreement shall not affect rights or obligations under this Annex.
II. ALLOCATION OF RIGHTS
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.
For intellectual property created during joint research, for example, when the parties, participating institutions, or personnel have agreed in advance on the scope of work, the Parties or their designees shall jointly develop a technology management plan. The technology management plan shall consider the relative contributions of the Parties and their participants, the benefits of exclusive licensing by territory or for fields of use, requirements imposed by the Parties' domestic laws, and other factors deemed appropriate.
If the Parties or their designees cannot reach agreement on a joint technology management plan within a reasonable time not to exceed six months from the time a party becomes aware of the creation of the intellectual property in question, each Party may designate one co-exclusive licensee to have world-wide rights. Each Party shall notify the other two months prior to making a designation under this paragraph. When both Parties (or their licensees) exploit the intellectual property in a country, they shall share equally the reasonable cost of intellectual property protection in that country.
A specific program of research will be regarded as joint research for purposes of allocating rights to intellectual property only when it is designated as such in the relevant implementing arrangement.
Notwithstanding paragraph II.B.2.(a) and (b), if type of intellectual property is available 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 property shall nonetheless be entitled to a share of royalties earned by either institution from the licensing of the property.
The allocation of rights hereabove defined shall take into account the financial participation of the parties contributing specific programs of technological development.
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.