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Agreement Between the Government of Australia and the Government of the Republic of France Concerning Collaboration on Defence Research and Technology [1990] PITSE 20 (17 December 1990)

AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE REPUBLIC OF FRANCE CONCERNING COLLABORATION ON DEFENCE RESEARCH AND TECHNOLOGY

(Canberra, 17 December 1990)

ENTRY INTO FORCE: 17 DECEMBER 1990

THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE REPUBLIC OF FRANCE (hereinafter referred to as "the Parties")

RECOGNISING a common interest in the development of their relations and the exchange of information in the field of defence research and technology,

DESIRING generally to collaborate to their mutual benefit by way of basic and applied defence research, early concept development and tests,

HAVE AGREED AS FOLLOWS:

Article 1

Object

(1) The Parties shall, in activities related to non-nuclear defence research and technology carried out under their authority, endeavour for their mutual benefit to undertake:

(a) balanced exchanges of information on planned, current or past defence programs relating to basic research, applied research, tests and early concept development;

(b) exchanges of information on their defence research and test facilities, and the consideration of possible use by each Party of the facilities of the other; and

(c) consideration of possible collaboration in joint programs and sharing of resources in basic research, applied research and early concept development of defence materials and equipment (hereinafter referred to as "collaborative research programs").

(2) When collaborative research programs are envisaged, such programs shall be the subject of separate arrangements under this Agreement between the Department of Defence of the Government of Australia and the Ministry of Defence of the Government of the French Republic.

(3) Where appropriate, the Parties shall encourage and facilitate progression to the development and engineering of specific military hardware and associated production. Such progression is considered to be more suitably undertaken under separate arrangements.

Article 2

Authorities and Management

(1) For the Government of the Republic of France, the Minister for Defence shall be the authority responsible for the implementation of the Agreement, and the Directeur des Recherches, Etudes et Techniques (DRET), or his or her representative, shall be charged with putting the Agreement into effect.

(2) For the Government of Australia, the Minister for Defence shall be the authority responsible for the implementation of the Agreement, and the Chief Defence Scientist (CDS), Defence Science and Technology Organisation (DSTO), or his or her representative, shall be charged with putting the Agreement into effect.

(3) CDS and DRET shall meet annually, alternately in Australia and France, or at such times as may be mutually decided, to evaluate the progress, review the initiated and proposed arrangements and give effect to all steps necessary for the efficient operation of this Agreement.

(4) CDS and DRET shall:

(a) approve an initial list of, and any addition to, topics or themes to be the subject of exchange of information;

(b) for each topic or theme, define the procedures for the exchange of information;

(c) propose which projects are to be the subject of collaborative research programs and the associated terms and conditions for each program; and

(d) create, if required, working groups tasked to prepare particular terms and conditions to be used in such collaborative programs.

Article 3

Finance

Unless otherwise jointly determined in an arrangement pursuant to Article 1 paragraph 2, each Party shall bear its own cost for activities under this Agreement.

Article 4

Security

Information bearing security classifications up to and including the level of SECRET for Australia and SECRET DEFENSE for France may be exchanged under this Agreement. Information exchanged under this Agreement shall be subject to the Agreement between the Government of Australia and the Government of the French Republic relating to the Exchange and Communication of Classified Information done at Paris on 15 July 1985, and, unless otherwise jointly determined, the Arrangement between the Secretary, Department of Defence of Australia and the Secretary General of Defence of the French Republic relating to the Exchange and Communication of Classified Information signed on 15 July 1985.

Article 5

Intellectual Property

(1) In this Agreement "intellectual property rights" means the rights in patents, registered designs, registered or unregistered trade marks (including service marks), copyright and all other intellectual property as defined by Article 2 of the Convention establishing the World Intellectual Property Organization done at Stockholm on 14 July 1967 and the rights in semiconductor topography.

(2) The information exchanged under this Agreement or within any program arranged under its auspices shall be disclosed in confidence and unless otherwise jointly determined is to be used for defence purposes for information, evaluation, and within a collaborative program research and development according to the provisions of the arrangements pursuant to Article 1 paragraph 2.

(3) Before any exchange and any use is made of information which is subject to intellectual property rights due regard according to the laws of each country shall be paid to the owners of such intellectual property.

(4) Arrangements for collaborative research programs set up under the auspices of this Agreement shall include conditions relating to intellectual property rights appropriate to the situation on a case by case basis.

(5) Any information exchanged under this Agreement which is subject to intellectual property rights shall be marked by the Party furnishing the information with a legend indicating the intellectual property rights to which it is subject and any consequent restrictions on its use or disclosure. If the Party furnishing such information does not so mark that information, that Party shall indemnify the Party to which the information is furnished from and against any claim, demand or proceeding that may be brought against the Party to which the information is furnished by any owner of intellectual property rights in the information in relation to a breach of those rights as a consequence of the information not being so marked.

Article 6

Liability

Unless otherwise jointly determined in an arrangement pursuant to Article 1 paragraph 2, in relation to any loss, damage or injury arising from collaboration under this Agreement, other than loss, damage or injury caused by wilful misconduct of a Party, its servants or agents, each Party shall waive any claim against the other and the cost of any loss of or damage to property jointly owned by the Parties and of any loss, damage or injury incurred by a third party shall be shared equally by the Parties.

Article 7

Participation by Other Governments

(1) By mutual consent of the Parties, other Governments may be invited to participate in the bilateral collaborative research programs under this Agreement. Such participation shall be the subject of an agreement in writing by the Government of the French Republic, the Government of Australia and the other Governments.

(2) Information exchanged or resulting from collaborative research programs under this Agreement shall not be disclosed to third parties or published without the prior written consent of the originating Party.

Article 8

Disputes

Any dispute which may arise from the interpretation or implementation of this Agreement shall be resolved by consultation between the Parties and shall not be subject to intervention from a third party.

Article 9

Force and Duration

This Agreement shall come into force on the date of signature and remain in force initially for a period of five (5) years and thereafter until terminated. It may be terminated at any time by mutual consent in writing or by either Party giving the other twelve (12) months prior written notice of termination. The responsibilities and obligations of each Party regarding security of information, the protection of intellectual property rights and liability shall continue to apply irrespective of termination.

Article 10

Signatures

IN WITNESS WHEREOF the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement.

DONE in duplicate at Canberra on the 17th day of December 1990 in the English and French languages, both texts being equally authentic.