HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 90/2
EN
Official Journal of the European Union
6.4.2011
AGREEMENT
between the European Community and the Government of Japan on cooperation in science and
technology
THE EUROPEAN COMMUNITY hereinafter referred to as ‘the Community’
and
THE GOVERNMENT OF JAPAN
DESIRING to further promote the close and friendly relations existing between Japan and the Community, and being
aware of the rapid development of scientific knowledge and of its positive contribution in promoting bilateral and
international cooperation;
WISHING to broaden the scope of cooperation in science and technology in a number of areas of common interest
through the creation of a productive partnership for peaceful purposes and for their mutual benefit;
BELIEVING that such cooperation and the application of the results of such cooperation contribute to the economic and
social development of Japan and the Community;
DESIRING to establish a formal framework for the conduct of the overall cooperative activities which will strengthen
cooperation in science and technology between the Parties;
HAVE AGREED AS FOLLOWS:
Article 1
and technological development operated by the
Community or research and development programmes
1. The
Parties
shall
encourage,
develop
and
facilitate
coop
and projects with the competitive funding system operated
erative activities under this Agreement in the areas of science
by the Government of Japan, its agencies or official insti
and technology for peaceful purposes.
tutions;
2. The
cooperative
activities
under
this
Agreement
shall
be
conducted on the basis of the following principles:
(e) the term ‘persons’ means:
(a) mutual and equitable contributions and benefits;
(i) with respect to Japan, any nationals of Japan or any
legal persons established under the national laws of
(b) reciprocal access to research and development programmes
Japan; and
and projects and facilities for visiting researchers;
(c) timely exchange of information which may affect the coop
(ii) with respect to the Community, any nationals of the
erative activities under this Agreement;
Member States of the Community or any legal persons
established under the national laws of the Member
(d) promotion of a knowledge-based society for the benefit of
States of the Community or the Community law;
the economic and social development of Japan and the
Community.
(f) the term ‘agencies’ means:
Article 2
(i) with respect to Japan, the governmental agencies of
1. The
cooperative
activities
under
this
Agreement
consist
of
Japan; and
direct cooperative activities and indirect cooperative activities.
(ii) with respect to the Community, the European
2. For
the
purpose
of
this
Agreement:
Commission;
(a) the term ‘the Parties’ means the Government of Japan and
the Community;
(g) the term ‘official institutions’ means official institutions
whose budgets and operating plans are approved by the
(b) the term ‘direct cooperative activities’ means cooperative
competent Ministers of the Government of Japan, and
activities between the Parties or their agencies;
whose research and development programmes and
projects with the competitive funding system are included,
(c) the term ‘indirect cooperative activities’ means cooperative
with their consent, into those programmes and projects for
activities between persons of Japan and the Community
indirect cooperative activities;
carried out under research and development programmes
and projects;
(h) the term ‘intellectual property rights’ shall have the meaning
given to ‘intellectual property’ in Article 2 of the
(d) the term ‘research and development programmes and
Convention Establishing the World Intellectual Property
projects’ means the Framework Programme for research
Organization, signed at Stockholm on July 14, 1967.

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EN
6.4.2011 Official
Journal
of
the
European
Union L
90/3
Article 3
(d) providing advice and encouragement to the Parties with
regard to the implementation of this Agreement;
1. Forms
of
the
direct
cooperative
activities
may
include
the
following:
(e) reviewing regularly the reciprocal access to research and
(a) meetings of various forms, such as those of experts, to
development programmes and projects and arrangements
discuss and exchange information on scientific and tech
for visiting researchers and examining concrete measures
nological aspects of general or specific subjects and to
to improve that access and to ensure the effectiveness of
identify research and development programmes and
the principle on reciprocity mentioned in Article 1 of this
projects that may be usefully undertaken on a cooperative
Agreement.
basis;
3. Decisions
of
the
Joint
Committee
shall
be
reached
by
(b) exchange of information on activities, policies, practices,
mutual consent.
and laws and regulations concerning research and devel
opment;
4. The
Joint
Committee
shall
meet
at
mutually
convenient
times, preferably at least once every 2 years.
(c) visits and exchanges of scientists, technical personnel, or
other experts on general or specific subjects;
5. The
Government
of
Japan
and
the
Community
shall
host
(d) implementation of any other forms of cooperative activities
alternately the Joint Committee meeting, unless otherwise
as may be identified, proposed and decided at the Joint
agreed.
Committee on Scientific and Technological Cooperation
referred to in Article 6 of this Agreement.
6. For the Joint Committee meeting, the expenses for travel
and accommodation of the participants will be borne by the
2. For
the
purpose
of
developing
indirect
cooperative Party to whom they relate. Any other costs associated with the
activities, any person of a Party can participate in research
Joint Committee meeting will be borne by the host Party.
and development programmes and projects, operated by the
other Party, its agencies or official institutions, in accordance
with the laws and regulations of the other Party, and subject to
7. The Joint Committee will adopt its own internal rules of
Annexes I and II to this Agreement.
procedure.
Article 4
8. The
Joint
Committee
may
make
decisions
through
The details and procedures of each cooperative activity under
diplomatic channels when it is not in session.
this Agreement may be decided between the Parties, their
agencies or official institutions engaged in that cooperative
Article 7
activity.
Implementation of this Agreement shall be subject to the avail
ability of appropriated funds and to the applicable laws and
Article 5
regulations of each Party.
With regard to the direct cooperative activities under this
Agreement, each Party or its agencies may allow, as appropriate,
with the consent of the other Party or its agencies, the partici
Article 8
pation of researchers and organisations from all sectors of the
1. Scientific
and
technological
information
of
a
non-
research establishment including the private sector.
proprietary nature resulting from direct cooperative activities
may be made available to the public by either Party through
Article 6
customary channels and in accordance with the normal
procedures of the participating agencies.
1. For
the
purpose
of
effective
implementation
of
this
Agreement, the Parties shall establish a Joint Committee on
Scientific and Technological Cooperation (hereinafter referred
2. Intellectual
property
rights
and
undisclosed
information
to as ‘the Joint Committee’). The Joint Committee shall be co-
resulting from, introduced in the course of, or obtained
chaired by officials of the Ministry of Foreign Affairs of Japan
through the cooperative activities under this Agreement shall
and of the European Commission.
be treated in accordance with the provisions of Annex II to
this Agreement.
2. The
functions
of
the
Joint
Committee
shall
be:
Article 9
(a) exchanging information and views on scientific and tech
nological policy issues;
Each Party shall make every effort, within the framework of its
laws and regulations, to accord to the persons, carrying out the
cooperative activities under this Agreement, all possible facilities
(b) identifying, proposing and deciding the cooperative activities
with a view to facilitating the free movement and stay of
under this Agreement;
researchers participating in those cooperative activities and to
facilitating the entry into and exit from its territory of materials,
(c) reviewing and discussing the accomplishments of the coop
data or equipment intended for use in those cooperative
erative activities under this Agreement;
activities.

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L 90/4
EN
Official Journal of the European Union
6.4.2011
Article 10
3. The
termination
of
this
Agreement
shall
not
affect
carrying out of the cooperative activities undertaken under
The provisions of this Agreement shall not prejudice rights and
this Agreement and not fully executed at the time of the termi
obligations with respect to existing and future agreements for
nation of this Agreement, or any specific rights and obligations
cooperation between the Parties or between the Government of
that have accrued in compliance with Annex II to this
Japan and the Government of any Member State of the
Agreement.
Community.
4. Each
Party
may
evaluate
the
impact
of
this
Agreement
and
Article 11
activities under this Agreement every 5 years, and the Party
which does so shall inform the other Party of the results of
All questions or disputes related to the interpretation or imple
the evaluation. Each Party will make every effort to facilitate the
mentation of this Agreement shall be settled by mutual consul
evaluation conducted by the other Party.
tation between the Parties.
5. This
Agreement
may
be
amended
by
mutual
consent
of
Article 12
the Parties through diplomatic notes exchanged between them.
Amendments shall enter into force under the same conditions
Annexes I and II to this Agreement form an integral part of this
as mentioned in paragraph 1 above, unless otherwise agreed.
Agreement.
This Agreement and Annexes I and II of this Agreement are
Article 13
drawn up in two originals in each of the Bulgarian, Czech,
Danish, Dutch, English, Estonian, Finnish, French, German,
1. This
Agreement
shall
enter
into
force
on
the
date
on Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
which the Parties exchange diplomatic notes informing each
Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and
other that their respective internal procedures necessary for
Japanese languages with each of these texts being equally
the entry into force of this Agreement have been completed.
authentic. In case of divergence of interpretation, the English
and Japanese texts shall prevail over the other language texts.
2. This
Agreement
shall
remain
in
force
for
5
years
and
shall
continue in force thereafter unless terminated by either Party at
the end of the initial 5-year period or at any time thereafter by
IN WITNESS WHEREOF, the undersigned, being duly authorised
giving to the other Party at least 6 months’ written advance
thereto by the European Community and the Government of
notice of its intention to terminate this Agreement.
Japan respectively, have signed this Agreement.
Done at Brussels, this thirtieth day of November, 2009.
For the European Community For
the
Government
of
Japan

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EN
6.4.2011 Official
Journal
of
the
European
Union L
90/5
ANNEX I
TERMS AND CONDITIONS FOR THE PARTICIPATION OF PERSONS IN RESEARCH AND DEVELOPMENT
PROGRAMMES AND PROJECTS
I. Where within the framework of this Agreement a Party, its agencies or official institutions conclude a contract with a
person of the other Party for research and development programmes and projects, the other Party shall, when
requested, endeavour to provide any reasonable and feasible assistance as may be necessary or helpful for the
former Party, its agencies or official institutions to facilitate the smooth implementation of such contract.
II. Persons of Japan may participate in the Framework Programme for research and technological development operated
by the Community. Such participation of persons of Japan shall be in accordance with the rules for participation,
dissemination and implementation of the Framework Programme.
III. Persons of the Community may participate in research and development programmes and projects with the
competitive funding system operated by the Government of Japan, its agencies or official institutions in scientific
and technological fields similar to those of the Framework Programme for research and technological development.
Such participation of persons of the Community shall be in accordance with the laws and regulations of Japan and
the relevant rules for participation, dissemination and implementation of the specific programme or project.

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L 90/6
EN
Official Journal of the European Union
6.4.2011
ANNEX II
INTELLECTUAL PROPERTY RIGHTS AND UNDISCLOSED INFORMATION
I. Intellectual property rights of the Parties in direct cooperative activities
1. The following rules shall apply to intellectual property rights resulting from direct cooperative activities, except
copyright and related rights referred to in paragraph 3 below:
(a) the intellectual property rights shall be owned by the Party or its agencies which generate the intellectual property.
Where the intellectual property has been generated jointly, the Parties or their agencies shall consult to agree upon
the ownership or allocation of the intellectual property rights taking into account the respective share of the work
of the Parties or their agencies;
(b) the Party or its agencies owning the intellectual property rights shall grant a licence to use such rights to the other
Party or its agencies for carrying out any direct cooperative activity if this is needed to enable the other Party or its
agencies to carry out their own work for the specific project under this Agreement. In case of patents and utility
models, this licence shall be granted on a royalty-free basis. The granting of a licence to use any intellectual
property rights under this subparagraph shall be subject to the applicable laws and regulations of each Party, and
the conditions to be agreed upon between the Parties or their agencies prior to the start of the project.
2. The Party or its agencies owning the intellectual property rights introduced in the course of direct cooperative activities
shall grant a licence to use such rights to the other Party or its agencies for carrying out any direct cooperative activity
if this is needed to enable the other Party or its agencies to carry out their own work for the specific project under this
Agreement. The granting of a licence to use any intellectual property rights under this paragraph shall be subject to the
applicable laws and regulations of each Party, and the conditions to be agreed upon between the Parties or their
agencies prior to the start of the project.
3. The following rules shall apply to copyright and related rights of the Parties or their agencies:
(a) where a Party or its agencies publish scientific and technical data, information and results by means of journals,
articles, reports, books, video tapes and digital storage devices, resulting from direct cooperative activities, the Party
will make its best efforts to obtain for the other Party a non-exclusive, irrevocable and royalty-free licence in all
countries where copyright protection is available to translate, reproduce, adapt, transmit and publicly distribute
such works;
(b) all publicly distributed copies of a copyrighted work under the provisions of subparagraph (a) above shall indicate
the name(s) of the author(s) of the work unless an author explicitly declines to be named. They shall also bear a
clearly visible acknowledgement of the cooperative support of the Parties.
II. Undisclosed information in direct cooperative activities
The following rules shall apply to undisclosed information of the Parties or their agencies:
1. When communicating to the other Party or its agencies information necessary to carry out direct cooperative activities,
each Party shall identify that information it wishes to remain undisclosed.
2. The Party or its agencies receiving undisclosed information may, under its own responsibility, communicate such
undisclosed information to its agencies or persons within or employed by themselves if this is needed to enable those
agencies or persons to carry out their own work for the specific project under this Agreement.
3. With the prior written consent of a Party or its agencies providing undisclosed information, the other Party or its
agencies may disseminate such undisclosed information more widely than otherwise permitted in paragraph 2 above.
The Parties or their agencies shall cooperate with each other in developing procedures for requesting and obtaining
prior written consent for such wider dissemination, and each Party will grant such consent to the extent permitted by
its laws and regulations.
4. Information obtained through seminars, other meetings, assignment of staff and use of facilities arranged under this
Agreement, shall remain confidential where the recipient of such undisclosed or other confidential or privileged
information was made aware of the confidential character of the information communicated at the time such
communication was made according to paragraph 1 above, and be treated as indicated in paragraphs 2 and 3 above.
5. If a Party becomes aware that it will be, or may be reasonably expected to become, unable to meet the restrictions and
conditions of dissemination in paragraphs 2, 3 and 4 above, it shall immediately inform the other Party. The Parties
shall thereafter consult to define an appropriate course of action.

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EN
6.4.2011 Official
Journal
of
the
European
Union L
90/7
III. Intellectual property rights of persons in indirect cooperative activities
Each Party shall ensure that the intellectual property rights of persons of the other Party participating in research and
development programmes and projects operated by the former Party, its agencies or official institutions, and the related
rights and obligations resulting from such participation, shall be consistent with the relevant international conventions
which are binding on the Government of Japan and the Community or all its Member States, including the Agreement on
Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the Marrakech Agreement Establishing the World
Trade Organization, as well as the Paris Act of July 24, 1971 of the Berne Convention for the Protection of Literary and
Artistic Works and the Stockholm Act of July 14, 1967 of the Paris Convention for the Protection of Industrial Property.

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