2008/148/EG: Beschluss des Rates vom 22. März 2007 zur Genehmigung des Abschlusses eines Abkommens in Form eines Briefwechsels zur Protokollierung der Verständigung über die Verlängerung und Änderung des Abkommens über die internationale Zusammenarbeit bei der Forschung und Entwicklung im Bereich der intelligenten Fertigungssysteme (IMS) zwischen der Europäischen Gemeinschaft und Australien, Kanada, den EFTA-Ländern Norwegen und Schweiz, Korea, Japan und den Vereinigten Staaten von Amerika

Durchsuchbarer Text in vereinfachter Darstellung. Tabellen, Abbildungen und verbindliche Gestaltung bitte anhand der Originaldateien prüfen.

y for the work in a PROJECT or for the commercial exploitation of FOREGROUND, and which are not FOREGROUND. 1.5. CONFIDENTIAL INFORMATION: All information which is not made generally available and which is only made available in confidence by law or under written confidentiality agreements. 1.6. CONSORTIUM: Three or more GROUPS which have agreed to carry out jointly a PROJECT. 1.7. COOPERATION AGREEMENT: The one or more signed agreements among all PARTNERS in a CONSORTIUM concerning the conduct of the PROJECT. 1.8. FOREGROUND: All information and INTELLECTUAL PROPERTY RIGHTS first created, conceived, invented or developed in the course of work in a PROJECT. 1.9. GROUP: All PARTNERS in a given PROJECT from the geographic area of a PART ICIPANT. 1.10. IMS SCHEME: The Intelligent Manufacturing Systems Scheme. 1.11. INTELLECTUAL PROPERTY RIGHTS: All rights defined by Article 2(viii) of the Convention Establishing the World Intellectual Property Organisation signed at Stockholm on 14 July 1967 (see Technical Appendix 1.A.), excluding trademarks, service marks and commercial names and designations. 1.12. NON-PROFIT INSTITUTIONS: Any legal entity, either public or private, established or organised for purposes other than profit-making, which does not itself commercially exploit FOREGROUND. 1.13. PARTICIPANT: Australia, Canada, the European Union and Norway, Japan, Korea, Switzerland, the United States and any other country or geographic region whose participation in the IMS SCHEME may be approved in the manner determined by the PARTICIPANTS. 1.14. PARTNER: Any legal or natural person participating as a contracting party to the COOPERATION AGREEMENT for a given PROJECT. 1.15. PROJECT: Any research and development project carried out by a CONSORTIUM within the IMS SCHEME. 1.16. SUMMARY INFORMATION: A description of the objectives, status and results of a PROJECT which does not disclose CONFIDENTIAL INFORMATION. Article 2 Mandatory provisions Each COOPERATION AGREEMENT must contain substantive terms and conditions that are fully consistent with each of the provisions 2.1 through 2.13 in this Article and the definitions used in each COOPERATION AGREEMENT shall be those specified in Article 1 of this document. Where a PROJECT or a potential PARTNER or its AFFILIATES is subject to government requirements, whether by law or agreement, and such requirements will affect rights or obligations pursuant to the COOPERATION AGREEMENT, the potential PARTNER shall disclose to the other PARTNERS all such requirements of which it is aware prior to signing the COOPERATION AGREEMENT. PARTNERS must ensure that ownership, use, disclosure and licensing of FOREGROUND will comply with these mandatory provisions if the PROJECT is subject to government requirements. PARTNERS will, at the outset of a PROJECT, promptly notify one another of their AFFILIATES which will be involved in the performance of the PROJECT, and will notify one another of any changes in the AFFILIATES so involved during the life of the PROJECT. At the time of entering into a COOPERATION AGREEMENT, and immediately after new legal entities have come to meet the AFFILIATE definition, PARTNERS may exclude AFFILIATES from the rights and obligations set forth in these provisions in accordance with the terms of the COOPERATION AGREEMENT. Written Agreement 2.1. PARTNERS shall enter into a written COOPERATION AGREEMENT that governs their participation in a PROJECT consistent with this document. Ownership 2.2. FOREGROUND shall be owned solely by the PARTNER or jointly by the PARTNERS creating it. 2.3. A PARTNER which is the sole owner of FOREGROUND may disclose and non-exclusively license that FOREGROUND to third parties without ACCOUNTING to any other PARTNER. 2.4. A PARTNER which is a joint owner of FOREGROUND may disclose and non-exclusively license that FOREGROUND to third parties without the consent of and without ACCOUNTING to any other PARTNER, unless otherwise agreed in the COOPERATION AGREEMENT. 2.5. A PARTNER may assign its sole and/or joint ownership interests in its BACKGROUND, BACKGROUND RIGHTS and FOREGROUND to third parties without the consent of and without ACCOUNTING to any other PARTNER. PARTNERS who assign any of their rights to BACKGROUND RIGHTS or FOREGROUND must make each assignment subject to the COOPERATION AGREEMENT and must require each assignee to agree in writing to be bound to the assignor's obligations under the COOPERATION AGREEMENT in respect of the assigned rights. Dissemination of information 2.6. SUMMARY INFORMATION shall be available to all PARTNERS in other PROJECTS and to the committees formed under the IMS SCHEME. 2.7. The CONSORTIUM will make available at the end of the PROJECT a public report setting out SUMMARY INFORMATION about the PROJECT. License rights Foreground 2.8. Each PARTNER and its AFFILIATES may use FOREGROUND, royalty-free, for research and development and for commercial exploitation. Commercial exploitation includes the rights to use, make, have made, sell and import. However, in exceptional circumstances, — PARTNERS may agree in their COOPERATION AGREEMENT to pay a royalty to PARTNERS which are NON-PROFIT INSTITUTIONS for commercial exploitation of FOREGROUND which is solely owned by such NON-PROFIT INSTITUTIONS; and — PARTNERS may agree in their COOPERATION AGREEMENT to pay a royalty to PARTNERS which are NON-PROFIT INSTITUTIONS for commercial exploitation of FOREGROUND which is jointly owned with such NON-PROFIT INSTITUTIONS, provided such royalties are both small and consistent with the principle that contributions and benefits in the IMS SCHEME must be balanced and equitable. 2.9. A non-owning PARTNER and its AFFILIATES may not disclose or sub-license FOREGROUND to third parties except that each PARTNER or its AFFILIATES may, in the normal course of business: — disclose FOREGROUND in confidence solely for the purposes of manufacturing, having manufactured, importing or selling products, — sub-license any software forming part of FOREGROUND in object code, or — engage itself in the rightful provision of products or services that inherently disclose the FOREGROUND. Background 2.10. A PARTNER in a PROJECT may, but is not obligated to, supply or license its BACKGROUND to other PARTNERS. 2.11. PARTNERS and their AFFILIATES may use another PARTNER'S or its AFFILIATES' BACKGROUND RIGHTS solely for research and development in the PROJECT without additional consideration, including, but not limited to, financial consideration. 2.12. PARTNERS and their AFFILIATES must grant to other PARTNERS and their AFFILIATES a license of BACKGROUND RIGHTS on normal commercial conditions when such license is necessary for the commercial exploitation of FOREGROUND unless: — the owning PARTNER or its AFFILIATE is by reason of law or by contractual obligation existing before signature of the COOPERATION AGREEMENT unable to grant such licenses and such BACKGROUND RIGHTS are specifically identified in the COOPERATION AGREEMENT; or — the PARTNERS agree, in exceptional cases, on the exclusion of BACKGROUND RIGHTS specifically identified in the COOPERATION AGREEMENT. Survival of rights 2.13. The COOPERATION AGREEMENT shall specify that the rights and obligations of PARTNERS and AFFILIATES concerning FOREGROUND, BACKGROUND and BACKGROUND RIGHTS shall survive the natural expiration of the term of the COOPERATION AGREEMENT. Article 3 Provisions that need to be addressed in the Cooperation Agreement PARTNERS shall address each of the following items in their COOPERATION AGREEMENT: Publication of results 3.1. PARTNERS shall address the issue of the consent required, if any, from the other PARTNERS for publication of the results from the PROJECT other than SUMMARY INFORMATION. 3.2. PARTNERS shall address the issue of whether PARTNERS which are NON-PROFIT INSTITUTIONS may, for academic purposes, publish FOREGROUND which they solely own, provided that adequate procedures for protecting FOREGROUND are taken in accordance with Articles 3.3 and 3.4. Protection of foreground 3.3. PARTNERS shall identify the steps they will take to seek legal protection of FOREGROUND by means of INTELLECTUAL PROPERTY RIGHTS and upon making an invention shall notify other PARTNERS in the same PROJECT in a timely manner of the protection sought and provide a summary description of the invention. 3.4. PARTNERS shall address the issue of prompt notification of all other PARTNERS in the same PROJECT and, upon request and on mutually agreed conditions, disclosure of the invention and reasonably cooperate in such protection being undertaken by another PARTNER in the same PROJECT in the event and to the extent that a PARTNER or PARTNERS which own FOREGROUND do not intend to seek such protection. Confidential information 3.5. PARTNERS shall identify the measures they will take to ensure that any PARTNER which has received CONFIDENTIAL INFORMATION only uses or discloses this CONFIDENTIAL INFORMATION by itself or its AFFILIATES as far as permitted under the conditions under which it was supplied. Dispute settlement and applicable laws 3.6. PARTNERS shall agree in their COOPERATION AGREEMENT on the manner in which disputes will be settled. 3.7. PARTNERS shall agree in their COOPERATION AGREEMENT on the law which will govern the COOPERATION AGREEMENT Article 4 Optional provisions PARTNERS may, but are not required to address each of the following provisions in their COOPERATION AGREEMENT: — AFFILIATE PROVISIONS, — ANTITRUST/COMPETITION LAW ISSUES, — CANCELLATION AND TERMINATION, — EMPLOYER/EMPLOYEE RELATIONSHIPS, — EXPORT CONTROLS AND COMPLIANCE, — FIELD OF THE AGREEMENT, — INTENT OF THE PARTIES, — LICENSING PARTNERS IN OTHER PROJECTS, — LICENSOR'S LIABILITY ARISING FROM LICENSEE'S USE OF LICENSED TECHNOLOGY, — LOANED OR ASSIGNED EMPLOYEES AND RESULTING RIGHTS, — NEW PARTNERS AND WITHDRAWAL OF PARTNERS FROM PROJECTS, — POST COOPERATION AGREEMENT BACKGROUND, — PROTECTION, USE AND NON-DISCLOSURE OBLIGATIONS REGARDING CONFIDENTIAL INFORMATION, — RESIDUAL INFORMATION, — ROYALTY RATES FOR BACKGROUND RIGHT LICENSES, — SOFTWARE SOURCE CODE, — TAXATION, — TERM/DURATION OF AGREEMENT. There are likely to be other provisions the PARTNERS will need to put into their COOPERATION AGREEMENTS depending on the particular circumstances of their PROJECT. PARTNERS should seek their own expert advice on this and note that no additional terms may conflict with Articles 1 and 2 of these provisions. Technical Appendix 1.A Convention establishing the World Intellectual Property Organisation (Stockholm, 14 July 1967) Article 2(viii) defines Intellectual Property to include: ‘… the rights to literary, artistic and scientific works; performances of performing artists; phonograms, and broadcasts; inventions in all fields of human endeavour; scientific discoveries; industrial designs; trade marks, service marks, and commercial names and designations; protection against unfair competition; and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.’ Technical Appendix 2 Financial accountability and principles for setting up and executing the IRS budget ISC and IRS members should avoid conflicts of interest in so far as decisions relating to the IRS budget are concerned. All revenue and expenditures must be incorporated in a single set of accounts (2) to be approved by the ISC. The balance between revenue and expenditure must be respected at all times (3). The budget shall be annual with exceptional carry-overs (4). There should be no transfers of appropriations between line items of budget expenditure, unless formally approved by the ISC. All revenues shall constitute a common pool (5). All expenditures shall be reasonable, justified and in accordance with the principles of sound financial management. The IRS shall respond to all reasonable requests to report on its financial activities. Regional contributions shall be based on fair principles, and will be paid in accordance with a defined schedule subject to late fees. Regional contributions will be based on the approved IRS budget and will be structured in different tiers, related directly to the size and level of development of each participant's economy. The Initial participants will be allocated in two tiers as follows: — Tier 1: European Union and Norway, Japan, United States, — Tier 2: Australia, Canada, Korea, Switzerland. The maximum amounts for the contributions will be CAD 200 000 or equivalent per annum for Tier 1; and CAD 125 000 or equivalent per annum for Tier 2. The foregoing principles shall be incorporated in a document on IRS operational guidelines. Technical Appendix 3 IMS technical themes In general, any project that addresses the IMS Scheme objectives as set forth in these terms of reference is considered an appropriate topic for an IMS Project. IMS projects might also address one or more of the following technical themes: 1. Total product life cycle issues — Future general models of manufacturing systems. Examples for that theme are the proposals of ‘agile manufacturing’, ‘fractal factory’, ‘bionic manufacturing’, ‘holistic enterprise integration’, etc. — Intelligent communication network systems for information processes in manufacturing. To understand the productivity of global distribution and global sourcing, the communication networks and tools and their applications have to be improved. — Environment protection, minimum use of energy and materials. Environment, energy and materials questions have reached a complexity that can only be handled via cooperation with a variety of specialists. Due to the fact that the conditions in that field are very different in different regions a common understanding and harmonised views for the response of manufacturing technologies to environment protection are necessary. — New ideas and methods for recyclability that are globally accepted should be developed under the IMS umbrella. Harmonised assessment and economic justification models for new manufacturing systems. 2. Process issues To enable the needs for rapid response to changing requirements and to saving human and material resources and to improving working conditions for employees the following themes can be identified. — Clean manufacturing processes that can minimise effects on environment. Process emission minimised systems. Process disposal minimised systems. — Factory (process) life-cycle pre-assessed systems. Minimum consumption of energy. Energy efficient processes that can meet manufacturing requirements with minimum consumption of energy. Integrated cycled process for less energy consumption. — Modules of energy conservation type. Production management technology of energy conservation type. — Technology innovation in manufacturing processes. Methods that can quickly produce different products through ‘Rapid Prototyping Methods’. Manufacturing processes that can flexibly respond to changes in labour conditions, changes of products or materials. — Improvement in the flexibility and autonomy of processing modules that compose manufacturing systems. Open distributed systems and their modules that can match both unmanned, man-machine mixed and labour intensive systems, and can metamorphologically architect system components in correspondence with changes of products. — Improvement in interaction or harmony among various components and functions of manufacturing. Open infrastructure for manufacturing. Inter-connected information systems such as ‘remote ID’ among respective modules. 3. Strategy/planning/design tools Manufacturing takes place in a global economy. How and where raw materials are transformed is a strategic decision. The decision is complicated in terms of what to make and where to make or buy it, in what is becoming a single global economy. Many of today's manufacturing organisations are designed using vertical and hierarchical structures. The move towards hierarchical structures is and will continue to require major changes in organisations, systems and work practices. We need methodologies and tools to help us to define appropriate manufacturing strategies and to design appropriate organisations and business/work processes. Methods and tools to support business process re-engineering. Modelling tools to support the analyses and development of manufacturing strategies. Design support tools to support planning in an extended enterprise or virtual enterprise environment. 4. Human/organisation/social issues — Promotion and development projects for improved image of manufacturing. Manufacturing engineers tend to be at the bottom of the pay scale relevant to other engineers, and the profession as a whole has a lower stature. Therefore ITC considers as projects globally recognised, strong professional societies and educational institutions for the promotion of manufacturing as a discipline. These proposals include the creation of international organisations to promote manufacturing. — Improved capability of manufacturing workforce/education, training. Engineering education has often tended to emphasise theory over process. In addition, basic education has not always met the needs of industry, producing graduates with often-inadequate skills. This has led to industries that are poor at turning innovation into successful products. This necessitates a change in priorities and closer ties between industry and educational institutions. As well, changes in system organisation means that training within companies is a continuous process which seeks to update the skills and increase the potential of employees — the crucial elements in any system. — Autonomous offshore plants (integration of supplementary business functions in subsidiaries). Offshore plants were originally meant to increase market share and decrease production costs: development of the transplant labour forces were a secondary consideration. However, giving more autonomy to these plants enables them to react more flexibly to changing conditions in the areas where they are based, and is consistent with organisational ideas of decentralisation, empowerment and hierarchy flattening. It also serves to contribute to domestic development in the countries where the plants are located and further the IMS goal of spreading widely basic manufacturing knowledge. — Corporate technical memory — keeping, developing, accessing. Often in a manufacturing enterprise knowledge and sources of information are isolated or locked. ‘Organisational learning’ is a strategy for translating such knowledge into a framework or a model that leads to better decision-making and could be an important theme within IMS. — Appropriate performance measures for new paradigms. New paradigms of manufacturing must offer superiority in performance from the points of view of costs, quality, delivery and flexibility. The first three are familiar performance criteria used for mass production, while flexibility is a key attribute of new paradigm manufacturing. To increase the acceptance of new paradigms performance evaluation methods should be developed. 5. Virtual/extended enterprise issues The extended enterprise is an expression of the market-driven requirement to embrace external resources in the enterprise without owning them. Core business focus is the route to excellence but product/service delivery requires the amalgam of multiple world-class capabilities. Changing markets require a fluctuating mix of resources. The extended enterprises which can be likened to the ultimate customisable, reconfigurable, manufacturing resource is the goal. The operation of the extended enterprise requires take up of communications and database technologies that are near to the current state of the art. However, the main challenge is organisational rather than technological. Research and development opportunities in this area are: — methodologies to determine and support information processes and logistics across the value chain in the extended enterprise, — architecture (business, functional and technical) to support engineering cooperation across the value chain, e.g., concurrent engineering across the extended enterprise, — methods and approaches to assign cost/liability/risk and reward to elements of the extended enterprise, — team working across individual units within the extended enterprise. Technical Appendix 4 Responsibilities of the IMS Inter-Regional Secretariat The Inter-Regional Secretariat will have responsibility to: 1. provide logistics for inter-regional meetings and proposals, 2. maintain and distribute IMS meeting materials and other documents, 3. provide logistics for inter-regional publicity at the direction of the International Steering Committee, 4. educate new and prospective participants, 5. disseminate information during, and upon the conclusion of, projects, 6. assist with inter-regional consortia formation, 7. organise and arrange studies and/or work as requested by the International IMS Steering Committee, and 8. undertake other appropriate tasks as assigned by the International Steering Committee. Technical Appendix 5 Responsibilities of the IMS Regional Secretariats To support the IMS Scheme, the Regional Secretariats will: 1. provide regional logistics for inter-regional meetings and proposals, 2. maintain and distribute IMS meeting materials and other documents within respective regions, 3. provide logistics for regional meetings and promotion, 4. disseminate information during and upon the conclusion of projects within respective regions, 5. assist in consortium formation within and across respective regions, 6. support regional delegations in attending the International IMS Steering Committee meetings, 7. facilitate regional selections and reviews, and 8. work with regional infrastructure groups to facilitate the IMS Scheme. Technical Appendix 6 Admission of new participants Procedures for admission of new participants to the IMS scheme are as follows: 1. The admission process begins with a letter of inquiry/interest from a ministerial or senior government/public administration level in the prospective participant, addressed to the chair of the IMS International Steering Committee. 2. Each IMS head of delegation shall be alerted to the receipt of this letter of inquiry/interest. Each IMS participant is chartered to evaluate the application and respond through its respective head of delegation to the chair of the IMS International Steering Committee. 3. If all IMS parti