söndag 15 juni 2008

Försäkringskasseanställd = livegen???

I fredags kväll ringde min kompis från landet igen. Som vanligt upprörd efter en vecka i dårhuset, men nu också missnöjd med löneåterkopplingen. Nedanstående som hon berättade för mig överskuggar dock det mesta. Läs och häpna:

En kvinna, drygt 50 år, vi kallar henne Lena, har arbetat nästan 30 år på Försäkringskassan. Hon har arbetat med det mesta, allt från kundtjänst, SGI, BTP, TFP, ÅP, sjukpenning osv. I samband med den nya organisationen inträffade det märkliga, hon fick ingen tjänst. Mycket berodde detta på att hon, liksom flertalet av oss anställda, inte hade lust att börja pendla till annan ort. Hon hamnade så småningom under senvintern på en arbetsuppgift hon inte haft tidigare, nämligen SA (sjuk- och aktivitetsersättning).

Lena, som i alla sina tidigare arbetsuppgifter upplevt i sort sett enbart positiva kundmöten, mötte nu en annan verklighet. Verkligheten av att utreda och bedöma människors rätt till sjukersättning. Naturligtvis med ganska många möten med både psykiskt och fysiskt svaga människor, där avslag på ansökningar tenderar att ta allt större plats i bedömningarna. Nåväl, Lena bet ihop och tänkte att det här löser sig när man blir varm i kläderna. På Lenas arbetsplats var arbetssituationen ganska ansträngd, då flera personer slutat och inte blivit ersatta med andra handläggare. Det gjorde att Lena fick liten eller ingen uppbackning av sina arbetskamrater. Tvärtom, nu såg de chansen att själva få huvudet över vattenytan, och Lena förväntades göra lika mycket och lika bra som en gammal och erfaren handläggare. Även detta skulle väl ha kunnat löst sig med tiden, om det bara hade varit så att Lena av arbetsgivaren fått hjälp med handledning och lämplig introduktion i arbetet. Här visade sig dock Försäkringskassan hantera frågan som så många gånger förr, dvs ingen handledning och ingen introduktion, utan sätt igång och jobba!

Efter två månader med de nya arbetsuppgifterna visste inte Lena någon råd. Hon kände att detta inte passade henne alls, och pratade ett flertal gånger med sin chef om möjligheten att byta till andra arbetsuppgifter. Sådana fanns det ju på kontoret, det visste både Lena och hennes chef. Det blev dock nobben, förmodligen av den enkla anledningen att Lena fyllde det hål som mest behövdes för stunden, och då fick hennes egna önskemål stå tillbaka. Detta sades naturligtvis inte rent ut, den officiella förklaringen heter ju alltid: "Det finns inga pengar."

Slutligen orkade inte Lena Längre. Trots sina 30 år inom verksamheten, trots osäkerheten i att hitta ett nytt arbete och sadla om så sent i livet, sade hon upp sin anställning på kassan. Hon gnetade på som vanligt under uppsägningstiden, avtackades i vederbörlig ordning och gick hem till en verklighet med 9 veckors karens till A-kassan.

Knappt två veckor tog det. Sedan ringde före detta arbetsgivaren Försäkringskassan och ville ha tillbaka Lena. Fast nu endast på halvtid och bara som ett sjukvikariat. Lena vill ju arbeta, och eftersom hon inte heller är miljonär svider det med A-kassakarensen. Alltså började Lena arbeta igen, nu med andra arbetsuppgifter än när hon slutade. Nu fanns det tydligen pengar i kassakistan igen.

Knappt två veckor. Det är den tid som behövs på Försäkringskassan för att omvandla en 30-årig lojal anställning till ett osäkert vikariat. Lena har dessutom inte råd med någon stolthet i frågan. Arbetsgivaren behöver ju bara lyfta luren för att meddela AF att man erbjuder Lena jobb. En felbedömning från Lenas sida så ryker väl A-kassan helt.

Attraktiv arbetsplats kallas det. En arbetsplats där den ekonomiska överblicken inte ens täcker fjorton dagar. En arbetsplats där man hänsynslöst utnyttjas i alla lägen, krävs på fullständig lojalitet men får inget i utbyte. En arbetsplats där introduktion i arbetet saknas, och det gått så långt i nedbrytningen av arbetsmiljön att inte ens arbetskamraterna orkar hjälpa en. Curt Malmborg säger "attraktiv arbetsplats".
Jag säger FY FAN!

10 kommentarer:

Anonym sa...

Jag håller med, FY FAN! Ena stunden får man höra vad viktig man är, nästa sitter man i lönesamtal och undrar vad som hände.. var man helt plötsligt inte viktig längre, eftersom man inte fick någon löneförhöjning? Vem vill jobba på ett sånt här ställe? Man sliter ut sig, dåligt betalt, stressigt, otacksamt.. Vill FK ha personalen kvar, är det nog dags att börja betala, och visa uppskattning.

Anonym sa...

Försäkringskassan har alltid varit ögontjänare. Man har inte försökt att ha en målinriktad verksamhet med mål som är verkningsfulla. Försäkringskassan har endast varit intresserad att få "fin statistik" och har inte brytt sig om detta har varit bra ock effektivt för verksamheten. Det är samma med polisen som också är ögontjänare och bara försöker fixa pinnar i statistiken. Nu har poliserna protesterat mot detta. När skall försäkrignskassans anställda följa deras exempel?
Fd kassaanställd.

Anonym sa...

Hm...ja när ska vi FK-anställda ena oss och säga ifrån?? Jag orkar då inte vänta på att det ska hända något. Det har gått för långt och inga pengar i världen kan få mig att stanna. Det är resurser som måste till och det lär vi aldrig få med en regering som vill tvinga fram privata sjukförsäkringar. Säger upp mig innan sommaren är slut, vare sig jag har något annat arbete eller inte...och inte f-n tänker jag ställa upp om de ringer!

Anonym sa...

Det är dags för strejk!

Gurra sa...

Attraktiv arbetsplats, pyttsan. Jag fick ett flott erbjudande från arbetsgivaren FK, att "stiga i graderna". Eftersom jag var intresserad av att utveckla min person och att kunna fylla lönekuvertet med lite mer stålar tackade jag ja till erbjudandet, detta utan några som helst övernskommelser om lönen ifråga (jag trodde ju i min enfald att det skulle bli några spänn xtra i plånboken eftersom det var en högre tjänst). Det var mycket riktigt vad det blev, några xtra kronor. FK slog till och gav mig dryga 10:an i lönespåslag. Det kallar jag en attraktiv arbetsgivare. Jag fick ju i alla fall inte avdrag på lön.

Anonym sa...

Vad ska vi göra åt det? Vad kan vi göra åt det? Säga upp oss allihop samtidigt och se hur de klarar sig utan oss? Hur skulle det bli om allmänheten inte fick några utbetalningar? Ska vi sätta press på våra fackförbund att göra nåt?

gutta sa...

Jag undrar en sak. Om jag inte minns fel så skulle de pengar FK sparar genom att sjuktalen minskar tillfalla FK. Hur kommer det sig att de flesta medarbetare i FK Sverige går på knäna p g a personalbrist (detta p g a pengabrist)? Detta kan ju bara betyda att FK inte gjort någon vinst?

Anonym sa...

Strejk? ja visst, hur många tror du att vi får med oss? Sätta press på facket? visst.. de har ju visat sig starka vad gäller löner mm...eller? Jag låter bitter, men jag har tyvärr aldrig sett någon enad front eller några starka fackliga krafter under alla de år jag arbetat på kassan. Det är därför det ser ut som det gör med löner och arbetsbelastning...men snacka, det är vi ju bra på...hm.

Anonym sa...

det kanske är just därför det är dags för strejk.. nån gång får det väl vara nog!

IT SAK sa...

FUCK ja har hört talas om detta från andra statliga organ.

Å me allt annat i Sverige som går åt helvete ...

Ni vet om att både de röda lägret och de blåa lägret sitter tittar på göra Sverige till ett lite USA.


Detta är en av många spikar i Sveriges Kista.

http://www.regeringen.se/content/1/c6/08/04/93/90057dc9.pdf


THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF
THE KINGDOM OF SWEDEN (hereinafter referred to as the “Parties”):

HAVING a mutual interest in research and development relating to homeland security matters;

SEEKING to make the best use of their respective research and technology development capacities,
eliminate unnecessary duplication of work and obtain the most efficient and cost effective results
through cooperative activities;

DESIRING to increase the exchanges of information and personnel in areas pertinent to the
identification of homeland security threats and countermeasures and consequence management and
the development of technical standards, operational procedures, and supporting methodologies that
govern the use of relevant technologies;

STRESSING that physical and cyber-based critical infrastructures and other homeland security
capabilities, both governmental and private, are essential to the operation and security of the Parties’
respective economies and governments;

NOTING that the Parties’ economies are increasingly interdependent, and that infrastructure
protection and homeland security are of paramount concern to the Parties’ respective governments;

BEING AWARE of research, development, testing, evaluation, development of technical standards
and operations in both countries in chemical, biological, radiological, nuclear and explosive
countermeasures and consequences management, in other areas that could enhance homeland
security;

NOTING the important work accomplished under arrangements such as the Agreement on Science
and Technology Cooperation Between the Government of the United States of America and the
Government of the Kingdom of Sweden, dated June 29, 2006;

RECOGNISING a common desire to:
• expand the homeland security technology capabilities of each Party;
• minimise unnecessary duplication of work;
• obtain more efficient and cost-effective results; and
• adapt more flexibly to the dynamic threat environment

through cooperative activities that are mutually beneficial and that relate to the application of stateof-
the-art and emerging security technologies, making best use of the Parties’ respective research,
development, and testing and evaluation capacities;
2

AFFIRMING a common interest in enhancing the longstanding collaborative efforts of the Parties’
respective agencies, private sector and governmental organisations, and academic institutions in
generating scientific and technological solutions to counter threats, reduce vulnerabilities, and
respond to and recover from incidents and emergencies in those areas having the potential for
causing significant security, economic, and/or social impacts;

DESIRING to set forth a vehicle for the conduct of cooperative scientific and technological
research, development, testing and evaluation in the field of homeland security;

HAVE AGREED as follows:

ARTICLE 1
Definitions
For purposes of this Agreement between the Government of the United States of America and the
Government of the Kingdom of Sweden on Cooperation in Science and Technology for Homeland
Security Matters (the “Agreement”), the Parties have adopted the following definitions:
Agreement Director Has the meaning given to it in Article 5
(Management) of this Agreement.
Business Confidential
Information
Has the meaning given to it in Section IV of Annex I
to this Agreement.
Classified Contract A Contract that requires, or will require, access to
Classified Information by a Contractor or by its
employees in the performance of a Contract.
Classified Information Official information that requires protection for
national security, law enforcement, domestic security,
or other reasons and is so designated by the
application of the appropriate security classification
markings in accordance with the national laws,
regulations, policies, or directives of either Party. It
may be in oral, visual, magnetic, electronic, or
documentary form, or in the form of Equipment and
Material or technology. Classified Information under
this Agreement shall be deemed to have the same
meaning as "Classified Military Information" in the
General Security of Military Information Agreement
between the Government of the United States and the
Government of the Kingdom of Sweden, dated
December 4 and 23, 1981.

Contract A legally enforceable agreement to provide goods or
services.

Contracting Agency Any entity within the government organisation of a
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Party that has authority to enter into, administer,
and/or terminate contracts.
Contractor An individual or a commercial entity that agrees to
provide goods or services.
Controlled Unclassified
Information
Information that is not deemed to be Classified
Information in the United States, but to which access
or distribution limitations have been applied in
accordance with national laws, regulations, policies,
or directives of either Party. Whether the information
is provided or generated under this Agreement, it will
be marked to identify its sensitive character. This
definition includes, but is not limited to, information
marked “Sensitive Homeland Security Information,”
“Sensitive Security Information,” “For Official Use
Only,” “Law Enforcement Sensitive Information,”
“Protected Critical Infrastructure Information,”
“Restricted,” and “Trusted Information Sharing
Network for Critical Infrastructure Protection (TISN)
In Confidence.” Controlled Unclassified Information
may include Business Confidential Information.
Cooperative Activity Any form of activity described in Article 7 (Forms of
Cooperative Activity) of this Agreement on which the
Parties agree to cooperate to achieve the objectives of
this Agreement. Such activity will normally take the
form of a Project.
Critical
Infrastructure/Kritisk
Infrastruktur
Governmental and/or private activities or sectors that
are identified by each Party in its laws, executive
orders, directives or policies as “Critical
Infrastructure” or “Kritisk Infrastruktur”.
Designated Security
Authority (DSA)
The government authority responsible for the
development of policies and procedures governing
security of Classified or Controlled Unclassified
Information covered by this Agreement.
Equipment and Material Any document, product or substance on or in which
information may be recorded or embodied. Material
shall encompass everything regardless of its physical
character for makeup including documents, writing,
hardware, equipment, machinery, apparatus, devices,
models, photographs, recordings, reproductions, notes,
sketches, plans, prototypes, designs, configurations,
maps and letters, as well as all other products,
substances or material from which information can be
derived.
Government-to-
Government Transfer
The principle that Classified Information and
classified Material will be transferred through official
government-to-government channels or through other
4
channels as may be mutually agreed, in writing, by the
Parties in accordance with the requirements laid down
by both Parties.
Intellectual Property Has the meaning given in Article 2 of the Convention
Establishing the World Intellectual Property
Organization, done at Stockholm July 14, 1967 and
may include other subject matter as agreed by the
Parties.
Need-to-Know A determination made by an authorized holder of
Classified Information that a prospective recipient
requires access to specific Classified Information in
order to perform or assist in a lawful and authorized
governmental function.
Participant Any non-federal or non-central government person or
entity, including but not limited to a private sector
organisation, academic institution, or laboratory (or
subsidiary thereof) engaged in accordance with
Article 9 (Participants).
Personnel Security
Clearance Assurance
(PSCA)
a. A certification provided by one of the Parties
concerning the level of personnel security
clearance held by an individual who is
employed by a government agency, or
Contractor facility under the jurisdiction of
one of the Parties.
b. A statement provided by the DSA of the
individual’s country of citizenship concerning
the individual’s eligibility for a personnel
security clearance at a level specified by the
requesting Party for individuals who are a
citizen of one Party but is to be employed by
the other Party or its Contractors.
Project A specific form of Cooperative Activity described in
Article 8 (Projects).
Project Arrangement The instrument setting out the scope of any Project to
be carried out by the Parties described in Article 8
(Projects).
5
Project Background
Information
Any information furnished to a Project regardless of
form or type, including that of a scientific, technical,
business, or financial nature, and including
photographs, reports, manuals, threat data,
experimental data, test data, designs, specifications,
processes, techniques, inventions, software, source
code, drawings, technical writings, sound recordings,
pictorial representations, and other graphical
presentations; whether in magnetic tape, electronic
media, computer memory, or any other form and
whether or not subject to intellectual property
protections.
Project Development That stage of a Project during which Project
Foreground Information arises through the
development of technologies, prototype equipment
and other activities included in a Project.
Project Foreground
Information
Any information created in a Project, regardless of
form or type, including that of a scientific, technical,
business, or financial nature, and including
photographs, reports, manuals, threat data,
experimental data, test data, designs, specifications,
processes, techniques, inventions, software, source
code, drawings, technical writings, sound recordings,
pictorial representations, and other graphical
presentations; whether in magnetic tape, electronic
media, computer memory, or any other form and
whether or not subject to intellectual property
protections.
Receiving Party The Party to which Classified Information is
transferred.
Research, Development,
Testing and Evaluation
(RDT&E)
Programs and activities, including basic research,
applied research, advanced technology development,
proof of principle, verification, validation, and
development of technical standards of the Parties
and/or Participants that seek to identify, develop, and
implement technological and analytical solutions,
tools and techniques to address the homeland security
capability needs of each Party.
Sending Party The Party that originates and/or transfers Classified
Information to the Receiving Party.
Sponsorship
Arrangement
A written agreement between a Participant and a Party
where the Party engages the Participant to carry out
work on its behalf relating to Cooperative Activity.
6
Technology
Management Plan
A specific component of the Project Arrangement
jointly developed by the Parties in which they agree
on how Project Background and Foreground
Information will be handled, and which will discuss
among other things, the rights of the Parties and their
Contractors and Participants concerning Intellectual
Property created under this Agreement, including how
any royalties shall be shared, where such Intellectual
Property shall be protected, and who shall be
responsible for obtaining that protection and granting
licenses.
Third Party Any entity or person who is neither a Party to this
Agreement nor a Participant in any of its Cooperative
Activities.
ARTICLE 2
Objective
The objective of this Agreement is to establish a framework to encourage, develop and facilitate bilateral
Cooperative Activity in science and technology that contributes to the homeland security capabilities of
both Parties in:
a) the prevention and detection of, response to, and forensics and attribution applied to, terrorist
or other homeland security threats and/or indicators;
b) the protection of Critical Infrastructure; and
c) crisis response and consequence management and mitigation for high-consequence events.
ARTICLE 3
Means of Achieving Objectives
The Parties shall seek to achieve the objectives set out in Article 2 (Objective) by means which may
include, but are not limited to:
a) facilitating a systematic exchange of technologies, personnel, and information derived from
or applied to similar and complementary operational Research, Development, Testing and
Evaluation;
b) collaborating to develop technologies and prototype systems that assist in countering present
and anticipated terrorist actions in their respective territories and other homeland threats that
satisfy their common strategic interests and requirements;
c) integrating or adapting the homeland security technologies of each Party to save development
costs;
d) conducting evaluation and testing of prototype homeland security technologies;
7
e) developing an approach to identify shared priorities, including areas of research for
Cooperative Activity;
f) ensuring consistent and appropriate measures of effectiveness by development and
implementation of appropriate standards and supporting test protocols and methodologies;
g) involving, as appropriate, a wide range of public and private sector research and development
organisations in Cooperative Activity developed pursuant to this Agreement;
h) providing reciprocal opportunities to engage in Cooperative Activity, with shared
responsibilities and contributions, which are commensurate with the Parties’ or the
Participants’ respective resources;
i) providing comparable access to government-sponsored or government-supported programs
and facilities for visiting researchers and experts, and comparable access to and exchange of
information and Equipment and Material;
j) facilitating prompt exchange of information and Equipment and Material, which may affect
Cooperative Activity, and facilitating the dissemination of information and Equipment and
Material, consistent with applicable national laws, regulations, policies and directives; and
k) utilising and applying Project Foreground Information derived from Cooperative Activity to
benefit both Parties. The right to ownership and exploitation of Project Foreground
Information are to be governed by the Articles of this Agreement and established in a
Technology Management Plan, taking into account, among other things, the Parties'
respective contributions to the Project.
ARTICLE 4
Executive Agents
1. The Under Secretary of Science and Technology of the United States Department of Homeland
Security is the primary official within the Government of the United States with responsibility for
executive oversight of Cooperative Activity, as defined in this Agreement, within the United
States and is hereby designated as the “U.S. Executive Agent” responsible for the administration
of this Agreement. The duties of the U.S. Executive Agent may be delegated to other officials
within the Department of Homeland Security.
2. The Minister of Defence of the Government of the Kingdom of Sweden is the primary official
within the Government of Sweden with responsibility for executive oversight of Cooperative
Activity within Sweden and is hereby designated as the “Swedish Executive Agent” responsible
for the administration of this Agreement. The duties of the Swedish Executive Agent may be
delegated to other officials in the Swedish Ministry of Defence.
3. Prior to undertaking Cooperative Activity (including any Project) under this Agreement, the
Parties shall agree in writing upon the nature, scope, and duration of the Cooperative Activity.
4. Where, because of changes in the administrative arrangements for either Party, responsibility for
the oversight of this Agreement is no longer held by those currently designated as “U.S.
Executive Agent” or “Swedish Executive Agent”, the relevant Party shall provide the other Party
8
in writing with the details of its new Executive Agent without requiring amendment to this
Agreement.
ARTICLE 5
Management
1. The Executive Agents shall appoint Agreement Directors who shall be responsible for the day-today
management of this Agreement and its Cooperative Activities. In addition the Agreement
Directors shall be responsible for:
a) promoting Cooperative Activity under this Agreement;
b) managing activities carried out under this Agreement and its Projects and exercising technical
and financial oversight;
c) serving as a repository for any and all documentation which is generated pursuant to this
Agreement including Project Arrangements and any annexes thereto;
d) monitoring the overall use and effectiveness of this Agreement;
e) recommending amendments to this Agreement to the Parties;
f) resolving issues arising under this Agreement;
g) authorising involvement by Participants in Cooperative Activities pursuant to this
Agreement;
h) establishing and maintaining security guidelines, including but not limited to procedures
related to exchange, storage, and transmission of information and equivalent security
markings to be applied to exchanged information in accordance with Article 12 (Information
Security);
i) ensuring that any requirements to exchange Classified Information in connection with any
Project are fully identified in advance and specifically agreed to prior to the conclusion of
any Project Arrangement;
j) developing and maintaining an outline of the Cooperative Activities and their associated
costs. This outline will be known as the annual work plan and will document the work to be
carried out under each Project Arrangement; and
k) developing and maintaining a strategic plan setting out the objectives of the Cooperative
Activities being carried out at any given time and the Parties’ intentions for future
cooperation.
2. The Agreement Directors shall meet at least annually to review implementation of the Agreement
and at such other times as they consider necessary to implement this Agreement. The Agreement
Directors shall be responsible for coordinating with other coordination bodies established by the
Parties.
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ARTICLE 6
Areas of Cooperative Activity
The Parties shall facilitate Cooperative Activity in broad areas related to homeland security. Areas of
Cooperative Activity include, but are not limited to:
a) development and implementation of threat and vulnerability assessments, interdependency
analyses, and methodologies related to potential threats to homeland security scenarios;
b) assessment of prior operational experiences and evaluation for the purposes of articulating
operational deficiencies into definable technical requirements and appropriate standards and
supporting methodologies;
c) integration of existing technologies for use in surveillance and detection in support of
permissible homeland security activities, or in defence against terrorism and other homeland
security threats;
d) research and development of technologies and systems to meet user requirements or capability
gaps and national needs;
e) testing and evaluation of specific prototype systems for homeland security applications in both
laboratory environments and real or simulated operational settings. This includes technologies
associated with enhanced detection and monitoring of potential terrorist activities and those
associated with recovery and reconstitution of damaged or compromised systems;
f) preparation of detailed final test reports to allow either Party or their Participants to evaluate
follow-on efforts individually or to allow the transition of successful prototypes into
operational deployments;
g) system protection (including protection of automated infrastructure control systems) and
information assurance (including protecting the integrity of data and information in control
systems);
h) reciprocal education, training, and exchange of scientific and technical personnel, and exchange
of Equipment and Material in science and technology areas including Research, Development,
Testing and Evaluation;
i) development and exchange of best practices, standards, and guidelines; and
j) commercialization and other exploitation of Project Foreground Information and any resulting
Equipment and Material developed through Cooperative Activity to achieve the effective
transition of technology from the research and development (R&D) environment to the
operational environment.
10
ARTICLE 7
Forms of Cooperative Activity
1. Cooperation under this Agreement may include, but is not limited to, any of the following:
a) coordinated research Projects and joint research Projects;
b) joint task forces to examine emergent homeland security challenges;
c) joint studies and scientific or technical demonstrations;
d) joint organisation of field exercises, scientific seminars, conferences, symposia, and
workshops;
e) training of scientists and technical experts;
f) visits and exchanges of scientists, engineers, or other appropriate personnel;
g) exchanges or sharing of information and Equipment and Material;
h) exchange of information on practices, laws, regulations, standards, methods, and programs
relevant to cooperation under this Agreement;
i) joint use of laboratory facilities and Equipment and Material, for conducting scientific and
technological activities including Research, Development, Testing and Evaluation; and
j) joint management of the commercialisation and exploitation of Equipment and Material and
Project Foreground Information developed through Cooperative Activity.
2. Nothing in paragraph 1 shall preclude the Parties from facilitating other forms of Cooperative
Activity that they may agree upon.
ARTICLE 8
Projects
1. Cooperative Activity under this Agreement shall normally be implemented in the form of
Projects to be conducted pursuant to Project Arrangements.
2. Project Arrangements shall ordinarily contain the following terms and conditions for each
Project:
a) its nature;
b) its scope;
c) its duration;
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d) the manner in which it will be funded;
e) specific details of any transfer of Equipment and Material and the identity of personnel and/or
organisations, if any, to be committed to the Project;
f) Project Background Information to be used in the Project;
g) any specific provisions for terminating Participant involvement;
h) the dispute resolution process;
i) whether the use of Classified Information will be required;
j) any safety measures to be followed, including, where appropriate, specific procedures for
dealing with hazardous or dangerous material;
k) any applicable cost sharing provisions;
l) any applicable cost ceiling;
m) currency variation arrangements;
n) any necessary technical annexes;
o) the allocation of responsibility for any taxes, duties or other government charges which may
arise;
p) provisions addressing the national law which shall apply to Contracts made in relation to the
Project Arrangement;
q) a Technology Management Plan containing details concerning the sharing, allocation and
protection and/or benefits derived from the creation, use or exploitation of Intellectual
Property under the Project;
r) any other consistent terms and conditions necessary to ensure the required development of
the Project.
3. The Parties shall ensure that Project Arrangements incorporate the terms of this Agreement. In
the case of any inconsistency, the terms of this Agreement shall prevail.
ARTICLE 9
Participants
1. Subject to the provisions of this Article, a Party may engage a Participant to carry out work
relating to Cooperative Activity on its behalf. The engagement of any Participant in the
implementation of any Cooperative Activity shall require the non-sponsoring Party’s prior review
and written approval.
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2. Before engaging a Participant to carry out work, a Party must enter into a Sponsorship
Arrangement unless such an agreement already exists that can support Cooperative Activities
pursuant to this Agreement.
3. The Party engaging a Participant shall ensure that the Participant agrees to:
a) carry out any work relating to Cooperative Activity in accordance with the terms of this
Agreement; and
b) report to that Party’s Agreement Director on a periodic basis.
4. The Parties’ Agreement Directors shall jointly determine the frequency and scope of the
reporting requirement referred to in paragraph 3b) of this Article.
5. In the event that a question arises with respect to a Participant and/or its activities under this
Agreement, the Parties shall consult to consider the Participant’s role in Cooperative Activity. If
either Party objects to a Participant’s continued participation and requests its termination, the
Party that sponsored the Participant shall give the request sympathetic consideration, including as
to the consequences of terminating the Participant’s participation.
6. Nothing in this Agreement or any Project Arrangement precludes a Party who has sponsored a
Participant from suspending a Participant’s activities or replacing the Participant in accordance
with Paragraph 1 of this Article in one or more of its Project Arrangements.
ARTICLE 10
Contracting
1. The Parties shall ensure that Project Arrangements are supported by Contracts wherever possible.
The Contracts may be formed between the Parties, their agents or Third Parties where
appropriate.
2. All Contracts made pursuant to Project Arrangements shall include terms and conditions
equivalent to the provisions of this Agreement, the relevant Project Arrangements, and their
associated Technology Management Plans. Without limiting the foregoing each Party or its
Contracting Agency shall negotiate to obtain the rights for both Parties to use and disclose
Project Foreground Information as specified in Article 13 (Intellectual Property Management and
Use of Information) and to obtain the rights contained in Article 14 (Publication of Research
Results) unless the other Party agrees in writing that they are unnecessary in a particular case,
and each Party's Contracting Agency shall insert into its Contracts, and require its subcontractors
to insert in subcontracts, suitable provisions to satisfy the requirements of Article 12 (Information
Security), Article 13 (Intellectual Property Management and Use of Information), Article 14
(Publication of Research Results) and Article 17 (Third Party Sales and Transfers).
3. The Parties recognise that their respective legislation and regulations may apply to activities
undertaken in respect of Project Arrangements and supporting Contracts made under this
Agreement.
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ARTICLE 11
Finance
1. Subject to the availability of funds for Cooperative Activity and to the provisions of this Article,
each Party shall bear its own costs of discharging its responsibilities under this Agreement and its
associated Project Arrangements.
2. Except as provided in paragraph 1 of this Article, this Agreement creates no standing financial
commitments.
3. The Parties may agree to share costs for Cooperative Activity. Detailed descriptions of the
financial provisions for Cooperative Activity, including the total cost of the activity and each
Party’s cost share, shall be agreed between the Parties in Project Arrangements in accordance
with paragraph 4 of this Article.
4. At the commencement of each Project, the Parties shall establish the equitable share of the total
costs, including overhead costs and administrative costs. They shall also establish a cost target, a
cost ceiling, and the apportionment of potential liability to be borne by each Party in the Project.
In determining each Party’s equitable share of total costs, the Parties may take into account:
a) funds provided by one Party to the other for work under this Agreement ("financial
contributions");
b) material, personnel, use of Equipment and Material and facilities provided for the
performance of work under this Agreement ("non-financial contributions") to directly support
Agreement efforts. The Parties also recognize that prior work can constitute a non-financial
contribution; and
c) the ownership of Project Background Information utilised in the Project.
5. The following costs shall be borne entirely by the Party incurring the costs and are not included
in the cost target, cost ceiling, or Project costs:
a) costs associated with any unique national requirements identified by a Party; and/or
b) any costs not expressly stated as shared costs or any costs that are outside the scope of this
Agreement.
6. A Party shall promptly notify the other if available funds are not adequate to undertake activities
arising as a result of this Agreement. If a Party notifies the other that it is terminating or reducing
its funding for a Project, both Parties shall immediately consult with a view toward continuation
on a changed or reduced basis. If this is not acceptable to both Parties, the respective rights and
responsibilities of the Parties under Article 12 (Information Security), Article 13 (Intellectual
Property Management and Use of Information) and Article 14 (Publication of Research Results)
shall continue notwithstanding the termination or expiration of the Project. A Party sponsoring a
Participant shall ensure that the Participant agrees to comply with the terms of Article 12
(Information Security), Article 13 (Intellectual Property Management and Use of Information)
and Article 14 (Publication of Research Results) notwithstanding the termination or expiration of
the Project.
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7. At the commencement of each Project, the Parties shall jointly develop a Technology
Management Plan.
8. Each Party shall be responsible for any audit of its activities in support of Cooperative Activity,
including the activities of any of its Participants. Each Party’s audits shall be in accordance with
its own national practices. For Project Arrangements where funds are transferred from one Party
to the other Party, the receiving Party shall be responsible for the internal audit regarding
administration of the other Party’s funds in accordance with national practices. Audit reports of
such funds shall be promptly made available by the receiving Party to the other.
9. The U.S. dollar shall be the reference currency for this Agreement, and the fiscal year for any
Project shall be the U.S. fiscal year.
ARTICLE 12
Information Security
1. All exchanges of information and Equipment and Material, including Classified Information,
between the Parties and between Parties and Participants, shall be carried out in accordance with
the applicable laws and regulations of the Parties, including those relating to the unauthorised
transfer or re-transfer of such information and Equipment and Material.
The transfer of technical data for the purpose of discharging the Parties' obligations with regard
to interface, integration, and safety shall normally be made without restriction, except as required
by national laws and regulations relating to export control or the control of classified data. If
design, manufacturing, and processing data, and associated software, which is business
confidential but not export controlled, is necessary for interface, integration, or safety purposes,
the transfer shall be made and the data and associated software shall be appropriately marked. All
activities of the Parties pursuant to this Agreement shall be carried out in accordance with their
national laws and regulations, including their export control laws and regulations and those
pertaining to the control of classified information.
All information, Equipment and Material subject to export controls shall not be transferred
pursuant to this Agreement unless such transfers are compliant with the originating Party’s
export control laws, policies and regulations.
2. Classified Information:
a) All Classified Information provided or generated pursuant to this Agreement and any of its
Project Arrangements shall be stored, handled, transmitted, and safeguarded in accordance
with the principles established between the Government of the Kingdom of Sweden and the
Government of the United States of America in the General Security of Military Information
Agreement dated December 4 and 23, 1981. The Parties specifically agree that the policies
and safeguards established in the aforesaid Agreement will apply with equal force and effect
to exchanges of Classified Information under this Agreement. The Parties shall agree on any
implementing security arrangements that are deemed necessary. Prior to the sharing of
Classified Information, the providing Party will ensure that the information is properly
marked and the receiving Party is aware of the pending transfer.
b) The Parties shall appoint a DSA to establish implementing security arrangements and
procedures consistent with this Agreement.
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c) Each Party shall ensure that access to Classified Information is limited to those persons who
possess requisite security clearances and have a specific need for access to the Classified
Information in order to participate in Cooperative Activity established pursuant to this
Agreement.
d) Each Party shall ensure that it incorporates the provisions of this Article into Project
Arrangements. In addition, if either Party deems it necessary, Project Arrangements shall
include:
i) detailed provisions dealing with the prevention of unauthorised transfer or re-transfer
of information and Equipment and Material; and/or
ii) detailed distribution and access restrictions on information and Equipment and
Material.
e) Each Party shall take all necessary lawful steps available to it to ensure that Classified
Information provided or generated pursuant to this Agreement is protected from further
disclosure, unless the other Party consents to such disclosure.
f) Classified Information shall be transferred only through official government-to-government
channels or through channels approved by both Parties. Such Classified Information shall be
given the equivalent degree of protection in the country of receipt as it was given in the country
of origin and shall be marked with a legend containing the country of origin, the conditions of
release, and the fact that the information relates to this Agreement.
g) The Parties shall according to their national laws investigate all cases in which it is known or
where there are reasonable grounds for suspecting that Classified Information provided or
generated pursuant to this Agreement has been lost or disclosed to unauthorised persons. Each
Party shall promptly and fully inform the other of the details of any such occurrences, and of the
final results of the investigation and of the corrective action taken to preclude recurrences.
h) Unless both Parties agree in writing that it is unnecessary in a particular case, Contractors,
prospective Contractors, subcontractors, or private sector Participants that are determined by
either Party to be under financial, administrative, policy or management control of nationals or
entities of any country which is not a Party to this Agreement may only participate in a Contract
or subcontract requiring access to Classified Information that has been classified on grounds of
national security if enforceable measures are in effect to ensure that the nationals or entities of
that country do not have access to such Classified Information.
i) Information or Equipment and Material provided or generated pursuant to this Agreement may
not be classified any higher than the “TOP SECRET/KVALIFICERAT HEMLIG” level.
3. Controlled Unclassified Information: The nature and amount of the Controlled Unclassified
Information to be acquired and disseminated pursuant to this Agreement shall be consistent with
the objectives of this Agreement and the following guidelines and procedures:
a) Controlled Unclassified Information shall be used by the receiving Party only for the
purposes directly related to Cooperative Activity conducted pursuant to this Agreement;
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b) access to Controlled Unclassified Information shall be limited to those personnel of the
receiving Party whose access is necessary for the permitted use under this Agreement;
c) all necessary lawful steps shall be taken, which may include national classification where
appropriate, to keep Controlled Unclassified Information free from unauthorised disclosure,
including requests under any public access provisions;
d) Controlled Unclassified Information provided under this Agreement is to be marked by the
Party providing it with a legend containing the country of origin, the conditions of release,
the fact that it relates to this Agreement and a statement to the effect that access to the
information is controlled; and
e) Controlled Unclassified Information provided or generated pursuant to this Agreement shall
be stored, handled, and transmitted in a manner that ensures proper control. Prior to
authorising the release of Controlled Unclassified Information to any Participant, the
authorising Party shall ensure the Participant is legally required to control such information in
accordance with the provisions of this Article.
4. Business Confidential Information:
a) Each Party shall safeguard and protect identified Business Confidential Information that is
furnished or is created pursuant to this Agreement in accordance with Annex I to this
Agreement. The receiving Party shall maintain security over such items.
b) The Parties shall ensure that any Participants are legally required to control and safeguard
Business Confidential Information in accordance with this Agreement.
ARTICLE 13
Intellectual Property Management and Use of Information
1. General: Both Parties recognise that successful collaboration depends on full and prompt
exchange of information necessary for carrying out Cooperative Activities. The Parties intend to
acquire sufficient Project Background Information and/or rights to use such information to enable
the development of technologies, prototype equipment, and other activities included in a Project.
The nature and amount of information to be acquired and disclosed shall be consistent with this
Agreement and the terms of individual Project Arrangements.
2. Exploitation: Issues related to the management of Project Background Information and Project
Foreground Information, including the allocation of any benefits (including royalties) derived
from the creation and exploitation of Intellectual Property in Project Foreground Information in
respect of Cooperative Activities under this Agreement shall be governed by the Articles of this
Agreement, including the provisions of Annex I, and any Technology Management Plans
associated with a Project.
3. Government Furnished Project Background Information:
a) Disclosure: Unless a Project Arrangement provides otherwise, each Party shall disclose to the
other Project Background Information in its possession or control, provided that:
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(i) the Project Background Information is necessary to or useful in the implementation
of a proposed or existing Project established pursuant to this Agreement. The Party
in possession or control of the information shall determine whether it is "necessary
to" or "useful in" establishing new Projects or implementing existing ones;
(ii) the Project Background Information shall be made available without adversely
affecting the rights of holders of Intellectual Property or Business Confidential
Information; and
(iii) disclosure is consistent with national disclosure policies, laws, and regulations of
the furnishing Party.
b) Use: Unless a Project Arrangement provides otherwise, Government Furnished Project
Background Information disclosed by one Party to the other may be used without charge by
the other Party for Project Development purposes only; and the furnishing Party shall retain
all its rights with respect to such Government Furnished Project Background Information.
Where the use of Government Furnished Project Background Information is necessary to
enable the use of Project Foreground Information, such Government Furnished Project
Background Information may be used by the receiving Party for homeland security purposes,
upon agreement of the Parties and in accordance with applicable laws.
4. Participant Furnished Project Background Information:
a) Disclosure: Unless a Project Arrangement provides otherwise, Project Background
Information furnished by a Participant sponsored by one Party shall be made available to the
other Party provided the following conditions are met:
(i) the Project Background Information is necessary to or useful in the Arrangement.
The Party in possession or having control of the information shall determine
whether it is "necessary to" or "useful in" a Project;
(ii) the Project Background Information may be made available without adversely
affecting the rights of holders of Business Confidential Information or Intellectual
Property; and
(iii) disclosure is consistent with national disclosure policies, laws, and regulations of
the furnishing Party.
b) Use: Project Background Information furnished by Participants may be subject to restrictions
by holders of Intellectual Property. In the event that it is not subject to restrictions preventing
its use, it may only be used by the Parties for Project Development purposes. If a Party wants
to use Participant Furnished Project Background Information for purposes other than Project
Development, (which other purposes shall include, without limitation, sales and licences to
Third Parties), then the requesting Party must obtain any required licenses from the owner or
owners of the rights to that information.
5. Project Foreground Information:
Project Foreground Information may be commercialised where appropriate, in which case
benefits derived from the utilisation and application of such information shall be distributed
according to the relative contributions of the Parties to the Project, the cost of commercialisation,
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and the degree of commitment of the Parties to obtaining legal protection of Intellectual Property,
as determined in a Technology Management Plan.
Each of the Parties may own its Intellectual Property in Project Foreground Information in its
own jurisdiction and in the jurisdiction of the other Party and may derive benefits from its
exploitation and commercialisation in those jurisdictions, with a mechanism for their
establishment in a Technology Management Plan.
ARTICLE 14
Publication of Research Results
1. The Parties agree that the provisions of paragraph A of Section III of Annex I to this Agreement
shall apply to the publication of any research results created under this Agreement.
2. Publication Review: The Parties agree that publication of the results may be one of the goals of
this Agreement, to stimulate further research in the public or private sector. In order to protect
the rights of the Parties, including to avoid prejudice to the holders of Intellectual Property and
Business Confidential Information, each Party shall transmit to the other for its review any
material containing such results and intended for publication, or other disclosure, at least sixty
(60) working days before such material is submitted to any editor, publisher, referee or meeting
organiser, or is otherwise disclosed. In the absence of an objection by the other Party within that
sixty-day period the publication or other disclosure may proceed. If either Party raises an
objection to the public release of publications arising from this Agreement, public release will
not occur unless and until there is agreement between the Parties as to the conditions for public
release. It is the responsibility of each Party to coordinate with its sponsored Participants who
work under a Project Arrangement to determine whether all potential Intellectual Property or
Business Confidential Information interests have been properly considered.
3. Affiliation: The sponsorship and financial support of the Parties for Cooperative Activity shall
not be used in any public statement of a promotional nature or used for commercial purposes
without the express written permission of both Parties.
4. Publicity and Acknowledgements: All publications relating to the results of the Projects
established pursuant to this Agreement shall include as applicable a notice indicating that the
underlying investigation received financial support from the Government of the United States
and/or the Government of Sweden. Two copies of such publications shall be sent to the
Agreement Directors by the individual or entity that is the author of the publications.
ARTICLE 15
Entry of Personnel and Equipment and Material
1. With respect to Cooperative Activity under this Agreement, each Party, in accordance with its
national laws and regulations, and as appropriate, shall facilitate:
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a) prompt and efficient entry into and exit from its territory of appropriate Equipment and
Material, to especially include instrumentation, test equipment and Project Background and
Foreground Information;
b) prompt and efficient entry into and exit from its territory, and domestic travel and work of,
persons participating on behalf of the Parties or Participants in the implementation of this
Agreement;
c) prompt and efficient access, as appropriate, to relevant geographical areas, information,
Equipment and Material and institutions, for persons participating on behalf of the Parties, or
Participants, in the implementation of this Agreement; and
d) mutual logistic support.
2. Customs duties, import and export taxes, and similar charges shall be administered in accordance
with each Party’s respective laws and regulations. Insofar as existing laws and regulations
permit, each Party shall use its best efforts to ensure that readily identifiable duties, taxes and
similar charges, as well as quantitative or other restrictions on imports and exports, are not
imposed in connection with Projects carried out under this Agreement.
ARTICLE 16
Research Safety
1. The Parties shall establish and implement policies and practices to ensure and provide for the
safety of their employees, the public, and the environment during the conduct of Cooperative
Activities subject to applicable national laws and regulations. If any Cooperative Activity
involves the use of dangerous or hazardous materials, the Parties shall establish and implement
an appropriate safety plan.
2. Without prejudice to any existing arrangements under the Parties’ national laws, the Parties shall
take appropriate steps to protect the welfare of any subjects involved in Cooperative Activities.
Such steps may include the provision of medical treatment and, where appropriate, financial
relief.
ARTICLE 17
Third Party Sales and Transfers
1. Neither Party shall:
a) sell, transfer title to, disclose, or transfer possession of Project Foreground Information, or
equipment incorporating Foreground Information, to a Third Party without the prior written
consent of the other Party; or
b) permit any such sale, disclosure, or transfer by others, including by the owner of the item,
without the prior written consent of the other Party. Such sales and transfers shall be
consistent with Article 13 (Intellectual Property Management and Use of Information).
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2. For the purposes of this Article States, Territories, Protectorates and other domestic government
entities are not considered to be Third Parties.
ARTICLE 18
Dispute Resolution
1. Except for disputes concerning Intellectual Property and those procedures set forth in Article 14
(Publication of Research Results), all questions or disputes between the Parties that cannot be
resolved by the Agreement Directors arising under or relating to this Agreement shall be
submitted to the Executive Agents. Such questions and disputes shall be resolved only by
consultation between the Parties and shall not be referred to a national court, an international
tribunal, or to any other person or entity for resolution.
2. Resolution of disputes concerning Intellectual Property, shall be resolved as provided for in
Annex I.
3. Each Party shall ensure that any Sponsorship Arrangement that it enters into with a Participant
includes provisions for dispute resolution consistent with paragraphs 1 and 2.
ARTICLE 19
Status of Annex
1. Annex I forms an integral part of this Agreement and, unless expressly provided otherwise, a
reference to this Agreement includes a reference to Annex I.
ARTICLE 20
Entry into Force, Duration, Amendment, and Termination
1. This Agreement shall enter into force upon signature by both Parties
2. The Agreement may be amended in writing by the mutual consent of the Parties. This Agreement
shall remain in force until terminated in writing by either Party, with such termination taking
effect six months from the date of the written notice of termination.
3. This Agreement may also be terminated by the mutual written agreement of the Parties.
4. Unless otherwise agreed, termination of this Agreement shall not affect the validity or duration of
any Cooperative Activity previously undertaken pursuant to it.
5. The respective rights and responsibilities of the Parties under Article 12 (Information Security),
Article 13 (Intellectual Property Management and Use and Information), Article 14 (Publication
of Research Results), Article 17 (Third Party Sales and Transfers), Article 18 (Dispute
Resolution) and Annex I shall continue notwithstanding the termination or expiry of this
Agreement. A Party sponsoring a Participant shall ensure that the Participant agrees to comply
21
with the terms of Article 12 (Information Security), Article 13 (Intellectual Property Management
and Use of Information), Article 14 (Publication of Research Results), Article 17 (Third Party
Sales and Transfers), Article 18 (Dispute Resolution) and Annex I notwithstanding the
termination or expiration of this Agreement.
6. In particular, all Classified Information exchanged or generated under this Agreement shall
continue to be protected in the event of the termination or expiration of the Agreement.
IN WITNESS WHEREOF, the undersigned, duly authorised by their respective Governments, have signed
this Agreement.
DONE at , in duplicate, on this day of 2007.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA: THE KINGDOM OF SWEDEN:
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ANNEX I
Intellectual Property Rights
I. General Obligation
The Parties shall ensure adequate and effective protection of intellectual property created or furnished under
this Agreement and relevant implementing arrangements. Rights to such intellectual property shall be
allocated as provided in this Annex.
II. Scope
A. This Annex is applicable to all Cooperative Activities undertaken pursuant to this Agreement,
except as otherwise specifically agreed by the Parties or their designees.
B. Each Party shall ensure, through contracts or other legal means with its own participants, if
necessary, that the other Party can obtain the rights to Intellectual Property allocated in
accordance with this Annex. This Annex does not otherwise alter or prejudice the allocation
of Intellectual Property between a Party and its employees and/or its contractors, which shall
be determined by that Party's laws and practices.
C. Except as otherwise provided in this Agreement, disputes concerning Intellectual Property
arising under this Agreement shall be resolved through discussions between the concerned
participants 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.
D. Termination or expiration of this Agreement shall not affect rights or obligations under this
Annex.
III. Allocation of Rights
A. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all
countries to translate, reproduce, and publicly distribute scientific and technical journal
articles, reports, and books directly arising from cooperation under this Agreement. All
publicly distributed copies of a copyrighted work prepared under this provision shall indicate
the names of the authors of the work unless an author explicitly declines to be named.
B. Rights to all forms of Intellectual Property, other than those rights described in paragraph
IIIA above, shall be allocated as follows:
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(1) Visiting researchers shall receive, for any intellectual property they create, rights,
awards, bonuses and royalties in accordance with the policies of the host institution.
(2) (a) Unless otherwise agreed in a Project Arrangement or other arrangement, the
Parties or their Participants shall jointly develop provisions of a Technology
Management Plan regarding ownership and exploitation rights to Intellectual Property
created in the course of the Cooperative Activities other than those covered by
paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider
the relative contributions of the Parties, Participants and Contractors to the
Cooperative Activities, the degree of commitment in obtaining legal protection and
licensing of the Intellectual Property, and such other factors as are deemed
appropriate.
(b) If the Parties or their Participants do not agree on provisions of a Technology
Management Plan under subparagraph (a) within a reasonable time, not to exceed six
months from the time a Party becomes aware of the creation of Intellectual Property
created in the course of the Cooperative Activities, the Parties or their Participants
shall resolve the matter in accordance with the provisions of paragraph II (C) of this
Annex. Pending resolution of the matter, any Intellectual Property created by persons
employed or sponsored by one Party under Cooperative Activities shall be owned by
that Party and Intellectual Property created by persons employed or sponsored by both
Parties shall be jointly owned by the Parties, but such Intellectual Property shall be
commercially exploited only by mutual agreement.
(c) Notwithstanding paragraphs III B(2)(a) and (b) above, if either Party believes that
a particular project may lead to or has led to the creation of Intellectual Property not
protected by the laws of the other Party, the Parties shall immediately hold
discussions to determine the allocation of rights to the Intellectual Property. If an
agreement cannot be reached within three months of the date of the initiation of the
discussions, cooperation on the Project in question shall be terminated at the request
of either Party. Creators of Intellectual Property shall nonetheless be entitled to
awards, bonuses and royalties in accordance with the policies of the institution
employing or sponsoring that person.
(d) For each invention made under any Cooperative Activity, the Party employing or
sponsoring the inventor(s) shall disclose the invention promptly to the other Party
together with any documentation and information necessary to enable the other Party
to establish any rights to which it may be entitled. Either Party may ask the other
Party in writing to delay publication or public disclosure of such documentation or
information for the purpose of protecting its rights in the invention. Unless otherwise
agreed in writing, the delay shall not exceed a period of six months from the date of
disclosure by the inventing Party to the other Party.
IV. Business Confidential Information
In the event that information identified in a timely fashion as business-confidential is furnished or
created under this Agreement, each Party and its participants shall protect such information in
accordance with applicable laws, regulations, and administrative practices. 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, and the
information is not generally known or publicly available from other sources, and the owner has not
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previously made the information available without imposing in a timely manner an obligation to keep
it confidential.
The receiving Party may not disclose any Business Confidential Information provided to it by the
other Party except to appropriate employees and government personnel. If expressly agreed between
the Parties, Business Confidential Information may be disclosed by the receiving Party to contractors
and sub-contractors. Such disclosures shall be for the use only within the scope of their contracts
with their respective Party relating to cooperation under this Agreement. The Parties shall impose,
or shall have imposed, an obligation on those receiving such information to keep it confidential. If a
Party becomes aware that, under the laws or regulations applicable to it, it will be, or may reasonably
expect to become, unable to meet the non-disclosure provisions, it shall immediately inform the other
Party. The Parties shall thereafter agree on an appropriate course of action.

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