ON
SCIENTIFIC AND TECHNOLOGICAL COOPERATION
The Ministry of Education of the People’s Republic of China (MoE), with its headquarters at the People’s Republic of China, and the Commonwealth Scientific and Industrial Research Organisation (CSIRO) ofAustralia with its headquarters at Limestone Avenue, Campbell, in the Australian Capital Territory, 2602, Australia hereinafter called the Parties,
ACKNOWLEDGING the mutual interest in developing closer scientific and strategic research cooperation between China and Australia, as evidenced by the Australia – China Science and Technology Agreement, the Memorandum of Understanding on Cooperation in Education and Training between the MoE and the Department of Education, Science and Training of Australia (DEST) dated 2 December 2002, the Memorandum of Understanding between the Ministry of Science and Technology of the People’s Republic of China and DEST on the Establishment of a Special Fund for Scientific and Technological Cooperation dated 24 January 2000,
REFERRING to the Agreement on Cooperation in Science and Technology, signed on 6 May 1980 and to the Memorandum of Understanding on Cooperation in Science and Technology signed on 16 May 1989 between China and Australia,
ENCOURAGED that there is already close cooperation between some Chinese universities and CSIRO,
CONVINCED that mutual cooperation in joint research and development projects enhances opportunities for national development in China and Australia,
HAVE mutually decided:
1.1 This Relationship Agreement does not constitute or create (and is not intended to create) obligations under law and will not give rise to legal process and will not be deemed to constitute or create any legally binding or enforceable obligations (expressed or implied).
1.2 For any agreement made on or after the date of this Relationship Agreement to be binding on the MoE and CSIRO, it must be in writing and signed by a duly authorised representative of each of them. The name of each Party shall not be used to promote any research or activities of the other without the prior written consent of each Party.
1.3 It is envisaged that cooperation will be based on considerations of equality, mutual benefit, efficiency and steady development. MoE and CSIRO enter into this Relationship Agreement to establish a relationship management framework between CSIRO and MoE, and to facilitate the possibility of joint MoE and CSIRO projects such as:
(i) Joint research projects (including those involving the key laboratories) on subjects of mutual interest carried out under an arrangement specific to each project (a ‘Project Arrangement’);
(ii)Exchange of personnel, including senior research managers and post doctorals;
(iii) Conduct of seminars, symposia and bilateral talks on subjects of mutual interest;
(iv) Joint bidding for national and international projects;
(v) Exchange of information (including publications) on the work of MoE and CSIRO, science policy and the organisation of scientific research in both countries; and
(vi) Any other activities (such as the establishment of joint laboratories) which both Parties agree to implement.
1.4 This Relationship Agreement replaces and terminates the Memorandum of Understanding signed between the Parties on 18 March 2005 in Canberra, Australia.
Intellectual Property and other valuable information
2.1 MoE and CSIRO recognise the importance of intellectual property rights in the works applied and created in the context of collaborative activities. Intellectual property rights should be allocated on the basis of respective contribution and equitable interests.
2.2 Similarly, rewards for the exploitation of intellectual property rights should be allocated having regard to these principles. Intellectual property is to be defined in terms of Article 2 of the World Intellectual Property Organisation Convention (Stockholm 14 July 1967).
2.3 The allocation of intellectual property rights should occur on the basis of a Project Arrangement (article 1.3 – i) developed for each project by its proponents.
2.4 Subject to the terms of a separate legally-binding confidentiality arrangement between MoE and CSIRO, each signatory of this Relationship Agreement confirms its intention to exchange, to the extent deemed necessary by the disclose, information on a confidential basis relevant to potential projects within mutually determined field(s) of cooperation.
Application of RELATIONSHIP AGREEMENT
3.1 Nothing in this Relationship Agreement affects the ability of MoE or CSIRO from:
(i) conducting research independently;
(ii) continuing existing commitments, or make new ones; or
(iii) exploiting or otherwise taking advantage of its intellectual property.
3.2 This Relationship Agreement will take effect from the date of signing. It will remain in effect for five (5) years and may be extended by consent of the Parties. It may be terminated by either Party giving six (6) months notice in writing. It may be amended at any time by mutual written agreement of the Parties.
3.3 For the duration of this Relationship Agreement, each Party may appoint one of its employees to act as its representative in relation to this Relationship Agreement (each such employee being a “Representative”).
3.4 The Representative of the appointing Party shall be responsible for:
(i) managing, overseeing or co-ordinating that Party’s relationship with the other Party;
(ii) identifying any issues that arise between the Parties and referring those issues to the appropriate person within the Representative’s organisation;
(iii) discussing issues arising out of this Relationship Agreement or any Project Arrangement with the Representative of the other Party;
(iv) co-ordinating the exchange of information between the Parties; and
(v) reporting to his or her appointing Party on the activities occurring under this Relationship Agreement.
Executed in Canberra on twenty-fourth day of May 2005, in the presence of His Excellency Mr Wu Bangguo, Chairman of the National People’s Congress, People’s Republic of China and the Senator the Honourable Paul Calvert, President of Senate, the Honourable David Hawker MP Speaker of the House of Representatives, Australia in duplicate in the English and Chinese languages, both texts being authentic.
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FOR THE MINISTRY OF EDUCATION OF
THE PEOPLE’S REPUBLIC OF CHINA
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HER EXCELLENCY FU YING
AMBASSADOR OF THE PEOPLE’S REPUBLIC OF CHINA TO AUSTRALIA
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FOR THE COMMONWEALTH SCIENTIFIC AND INDUSTRIAL RESEARCH ORGANISATION OF AUSTRALIA
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DR GEOFF GARRETT
CHIEF EXECUTIVE
THE COMMONWEALTH SCIENTIFIC AND
INDUSTRIAL RESEARCH ORGANISATION
OF AUSTRALIA
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