BILATERAL / RUSSIA
First Update; pages 873-877
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Done at Washington, D.C. 13 May 1994
Entered into force 13 May 1994
Primary source citation: Copy of text provided by the U.S. Department of State
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MEMORANDUM OF UNDERSTANDING BETWEEN THE FOREST SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE FEDERAL FOREST SERVICE OF RUSSIA ON COOPERATION IN THE FIELD OF FORESTRY
Attaching great importance to the development of international scientific, technical and economic relations in the field of forestry and to the protection and sustainable productivity of forest resources;
Believing in the necessity of long-term cooperation in the field of forestry;
Noting the great importance of forests to the Earth's biosphere and as a stabilizing factor in the protection and conservation of the human habitat;
Recognizing that future social and economic progress demands careful attention to forest resources and requires strengthening the means of protection and improvement of the forest environment; and
Expressing their desire to achieve broader and deeper cooperation in the field of forestry, and in protection and sustainable productivity of forests;
Have agreed as follows:
Article 1
1. The Parties will cooperate in the field of forestry and in the protection and sustainable use of forest resources on a basis of reciprocity and equality.
2. For the purposes of this Memorandum, "Forestry" means the science, principles and practice of managing, conserving, and using for human benefit the natural resources on and in association with forest lands.
3. For the purposes of this Memorandum, "Forest Resources" means the total forest ecosystem of trees, soils, water, and biodiversity, including commodity and non-commodity inventory on and in association with forest lands.
Article 2
1. Cooperation under this Memorandum is intended to solve important problems in the management of forest resources.
2. Cooperation may include, but not be limited to, the following:
A. Forest regeneration, including both natural and artificial systems, and issues of genetics and selection;
B. Forest protection against insects, disease and fires, including suppression, prevention, planning and related technical support;
C. Forest inventory;
D. Monitoring the condition of forests, using geographic information systems and other appropriate systems;
E. Administrative, legal, and economic aspects of forest management;
F. Forest conservation and sustainable use, including the implementation of new technologies;
G. Watershed protection and restoration;
H. Forest conservation biology;
I. Development of training opportunities to support cooperative work in science and technology exchange; and
J. Research to advance forest management policy.
3. Particular attention in the course of cooperation will be given to those issues of mutual interest, which may contribute to solving global ecological problems.
Article 3
Cooperation may be implemented in the following forms:
A. Research;
B. Exchange of scientists, specialists and post-graduates;
C. Exchange of non-proprietary scientific and technical information, documentation and results of research;
D. Exchange and provision of samples, materials and data;
E. Joint organization of symposia, conferences, workshops, seminars and lectures,
F. Publication of reports, articles and monographs; and
G. As may otherwise be agreed by the Parties.
Article 4
The Parties will encourage the establishment, continuation and development of direct contacts and cooperation in the field of forestry between interested institutions, organizations, private enterprises and individuals of both countries in accordance with their respective laws and policies.
Article 5
1. A United States-Russia Forestry Working Group (hereafter referred to as the "Forestry Working Group") will direct and coordinate implementation of this Memorandum. The Forestry Working Group will be composed of representatives of both Parties, who may be assisted by advisors and experts.
2. The Forestry Working Group will develop detailed programs of cooperation and provide information on institutions, organizations, and private enterprises which carry on activity in this field.
3. The Forestry Working Group will promote and facilitate direct contacts between scientists, and other professionals, institutions, organizations, and private enterprises to develop long-term cooperative relationships. The Forestry Working Group will serve to enhance previous cooperative relationships.
4. The Forestry Working Group will hold meetings at least once every two years, alternately in Russia and in the United States to review the progress in cooperation and to draw up a recommended program of cooperation for a two-year period. The Forestry Working Group may through correspondence amend and supplement the program during the two-year period to resolve emerging common concerns and define new fields of cooperation.
5. Programs, projects and activities will be included in cooperative agreements, implementing arrangements, or plans of work, as appropriate, and as may be agreed upon by the Parties.
Article 6
1. The Parties will decide how costs incurred through cooperation will be covered on a case-by-case basis.
2. The procedure for protection of intellectual property and rights thereto is set forth in Annex I, which constitutes an integral part of this Memorandum.
3. Agreements and contracts concluded between the institutions, organizations, and private enterprises of both countries will not be affected by the signing or expiration of this Memorandum.
Article 7
This Memorandum shall enter into force upon signature and shall remain in force for five (5) years. This Memorandum shall be extended automatically for successive five-year periods. This Memorandum may be terminated at any time by either Party upon six months' written notice to the other Party. The termination of this Memorandum shall not affect the validity or duration of the activities under this Memorandum that are initiated prior to such termination. This Memorandum may be amended by written agreement of the Parties.
DONE in duplicate at Washington, D.C., this 13th day of May, 1994, in the English and Russian languages, both texts being equally authentic.
FOR THE FOREST SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE [Signature]
FOR THE FEDERAL FOREST SERVICE OF RUSSIA [Signature]
ANNEX I INTELLECTUAL PROPERTY
The Parties shall ensure adequate and effective protection of intellectual property created or furnished under this Memorandum and relevant implementing arrangements. The Parties agree to notify one another in a timely fashion of any inventions or copyrighted works arising under this Memorandum 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.
I. SCOPE
B. For 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. 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 Memorandum 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 Memorandum 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 Part A of Section 2 above, shall be allocated as follows:
1. Researchers and scientists visiting in furtherance of their education shall receive intellectual property rights under the existing rules of the host institution. In addition, each visiting researcher named as an inventor or author shall have the right to national treatment regarding awards, benefits, or other compensation, including royalties, in accordance with the existing rules of the host institution.
2. (a) For intellectual property created by the participants during joint research, for example, when the Parties, participating institutions, or participating personnel have agreed in advance on the scope of work, each Party shall be entitled to obtain all rights and interests in its own territory. The allocation of rights and interests in third countries will be determined in implementing arrangements. The rights to intellectual property shall be allocated with due regard for the economic, scientific and technological contributions from each Party to the creation of intellectual property. If research is not designated as "joint research" in the relevant implementing arrangement, rights to intellectual property arising from the research will be allocated in accordance with Part B, paragraph 1 of Section 2. In addition, each person named as an inventor or author shall have the right to national treatment regarding awards, benefits and other compensation, including royalties, in accordance with the existing rules of the host institution.
(b) Notwithstanding Part B, paragraph 2(a) of Section 2, if a 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 in all countries which provide rights to such intellectual property. Persons named as inventors or authors of the property shall nonetheless be entitled to national treatment in regard to awards, benefits, or other compensations, including royalties, in accordance with the rules as provided in Part B, paragraph 2(a) of Section 2. III. BUSINESS-CONFIDENTIAL INFORMATION
In the event that information identified in a timely fashion as business-confidential is furnished or created under the Memorandum, 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.