Keputusan PRESIDEN ini mulai berlaku pada tanggal ditetapkan.
Agar setiap orang mengetahuinya, memerintahkan pengundangan Keputusan PRESIDEN ini dengan penempatannya dalam Lembaran Negara Republik INDONESIA.
Ditetapkan di Jakarta pada tanggal 25 Juni 1992 PRESIDEN REPUBLIK INDONESIA
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SOEHARTO
Diundangkan di Jakarta pada tanggal 25 Juni 1992 MENTERI/SEKRETARIS NEGARA
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MOERDIONO
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LAMPIRAN:
KEPUTUSAN PRESIDEN REPUBLIK INDONESIA
NOMOR 30 TAHUN 1992
TANGGAL 25 JUNI 1992
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR COOPERATION IN SCIENTIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT
The Gevernment of the Republic of INDONESIA and the Government of the United States of America, hereinafter referred to as the "Parties";
Desiring to promote further the close and friendly relations existing between them;
Considering their common interest in promoting scientific research and technological development;
Recognizing the benefits to be derived by both states from close cooperation in these fields;
Referring to the Agreement between the Government of the Republic of INDONESIA and the Government of the United States of America for Cooperation in Scientific Research and Technological Development of December 11, 1978, as amended and extended;
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Have agreed as follows;
ARTICLE I
For the purpose of this Agreement and for any implementing arrangements concluded pursuant to Article V, unless otherwise provided:
A.
The term " INDONESIA " comprises the territory of the Republic of INDONESIA and the adjacent seas over which the Republic of INDONESIA has sovereignty, sovereign rights or jurisdictions in accordance with the provisions of the 1982 United Nations Convention on the Law of the Sea.
B.
The term "United States" means the United States of America. When used in a geographical sense, the term "United States" means the land territory under the sovereignty of the United States and those parts of the continental shelf and adjacent seas over which the United States has sovereignty, sovereign rights or other rights in accordance with international law.
ARTICLE II
The Parties shall, in accordance with their prevailing laws and regulations, promote cooperation between the two countries in scientific research and technological development for peaceful purposes.
The principal purposes of this Agreement are to strengthen the scientific and technological capabilities of both countries, and broaden and expand relations between the scientific and technological communities.
ARTICLE III
Cooperation under this Agreement may be undertaken in the fields of agriculture, health, marine scientific research, space, metrology, natural resources and hazards, basic sciences, environment, engineering, energy, technology relevant to providing the basis for industrial development, human resources development and such other areas of science and technology as may be agreed upon by the Parties.
ARTICLE IV
The cooperation contemplated in this Agreement may include exchanges of scientific and technological information, exchanges of scientists and other research and technical personnel, the conduct of joint or coordinated research projects, the PDF created with pdfFactory Pro trial version www.pdffactory.com
convening of joint seminars and meetings, the execution of joint technological development tasks, and other forms of scientific and technological cooperation as may be mutually agreed.
ARTICLE V
Pursuant to the purposes of this Agreement, the two Parties shall encourage and facilitate, where appropriate, the development of direct contacts and cooperation between governmental agencies, universities, research centers, data and information centers, museums, and private sector institutions of the two countries, and the conclusion of implementing arrangements between them for the conduct of cooperative activities under this Agreement. The areas of and details of cooperation shall be specified in those implementing arrangements. The conclusion of those implementing arrangements shall be in accordance with prevailing laws, regulations, and procedures of both Parties.
ARTICLE VI
Upon approval by both Parties, scientists, technical experts, governmental agencies and institutions of third countries, or international organizations may be invited to participate in projects and programs being carried out under this Agreement and its implementing arrangements.
ARTICLE VII
Unless otherwise provided for in an implementing arrangement, each Party or participating entity shall bear the cost of its participation and that of its personnel in cooperative activities under this Agreement. Should either Party or an entity thereof wish to use technical or professional services made available to it by the other Party, the assumption of costs, both direct and indirect, shall be agreed upon by the entities involved.
ARTICLE VIII
Cooperative activities under this Agreement shall be subject to the availability of appropriated funds and to the applicable laws and regulations in each country.
ARTICLE IX
In order to promote the implementation of this Agreement representatives of the Parties shall meet as required to exchange information on the progress of programs, projects, and activities of common interest. Experts or groups of experts may be PDF created with pdfFactory Pro trial version www.pdffactory.com
appointed to discuss individual questions.
ARTICLE X
The Parties shall ensure adequate and effective protection of intellectual property created or furnished under this Agreement and relevant implementing arrangements in accordance with their national laws and regulations. The Parties agree to notify one another as soon as possible of any inventions or copyrighted works arising under this Agreement and to seek protection for such intellectual property.
A. Scope
1. Rights to intellectual property resulting from cooperative activities under this Agreement shall be allocated as provided in this Article, except as otherwise specifically agreed by the Parties or their designees.
2. For purposes of this Agreement, "intellectual property" shall have the meaning found in Article 2 of the Convention Establishing the World Intellectual Property Organization, done at Stockholm, July 14, 1967.
3. This Article addresses the allocation of rights, interests, and royalties between the Parties. Each Party shall ensure that the other Party can obtain the rights to intellectual property allocated in accordance with this Article, by obtaining those rights from its own participants through contracts or other legal means, if necessary. This Article does not otherwise alter or prejudice the allocation between a Party and its nationals, which shall be determined by that Party's laws and practices.
4. Disputes concerning intellectual property arising under this Agreement should be resolved through discussions between the concerned participating institutions or, if necessary, the Parties or their designees. Upon mutual agreement of the Parties, a dispute shall be submitted to an arbitral body established by the Parties, operating under rules and procedures jointly set by the Parties.
5. Termination or expiration of this Agreement shall not affect rights or obligations under this Article.
B. Allocation of Rights
1. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free licence in all countries to translate, reproduce, and publicly distribute PDF created with pdfFactory Pro trial version www.pdffactory.com
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 name(s) of the author(s) of the work unless the authors(s) explicitly decline(s) to be named.
2. Rights to all forms of intellectual property, other than those rights described in Section B (1) above, shall be allocated as follows:
a. Visiting researchers, for example, scientists visiting primarily in furtherance of their education, shall receive intellectual property rights under the policies of the host institution. In addition, each visiting researcher named as an inventor shall be entitled to share in a portion of any royalties earned by the host institution from the licensing of such intellectual property.
b. (i) For intellectual property created during joint research, for example, when the Parties, participating institutions, or participating personnel have agreed in advance on the scope of work, each Party shall be entitled to obtain all reghts and interests in its own territory. Rights and interests in third countries will be allocated in implementing arrangements, taking into account the relative contributions of the Parties. If research is not designated as "joint research" in the relevant implementing arrangement, rights to intellectual property arising from the research will be allocated in accordance with paragraph B2a. In addition, each person named as an inventor shall be entitled to share in a portion of any royalties earned by either institution from the licensing of the property.
(ii) Notwithstanding paragraph B2b (i), if a type of intellectual property is available under the laws of one Party but not the other Party, the Party whose laws provide for this type of protection shall be entitled to obtain intelectual property rights and interests in third countries, recognizing that all persons named as inventors shall be entitled to receive royalties as provided in paragraph B2b (i).
3. Where a researcher of a Party is entitled to royalties under this paragraph, that Party shall be notified of any license granted by the other Party for the relevant intellectual property.
C. Business-Confidential Information
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Each Party and its participants shall protect any business confidential information created or furnished in connection with cooperative activities under this Agreement in accordance with applicable laws, regulations and administrative prastice.
Information is identified as business-confidential if:
1. it is identified clearly as business-confidential information before it is disclosed by the receiving Party or participant;
2. it is secret in the sense that it is not generally known among, or readily accessible to persons, within the circles that normally deal with the kind of information in question;
3. it has commercial value because it is secret, and
4. it has been subject to an obligation of confidentiality imposed by the person lawfully in control of the information.
ARTICLE XI
An implementing arrangements concluded in accordance with Article V of this Agreement shall, if necessary, iclude provision for liability with respect to damage arising from activities under that implementing arrangement.
A participant in an implementing arrangement under Article V of this Agreement shall use its best efforts to ensure the accuracy of any scientific and technological information and the suitability of any materials and equipment supplied by it pursuant to the terms of the implementing arrangement.
ARTICLE XII
Each Party shall, to the extent permitted by its applicable laws and regulations:
A. Use its best efforts to facilitate entry to and exit from its territory of personnel and equipment of the other country, engaged on or used in cooperative activities under this Agreement and its implementing arrangements. Such facilitation shall include visas appropriate to the situation, and exemption from import duties and taxes on personal effects and initial arrival of household effects.
B. Exempt from all taxes and duties both the imports and exports from one country to the other of possessions, equipment, and materials necessary for the implementation of this Agreement and its implementing arrangements. Such possessions, equipment, and materials shall be re-exported to the sending party when the programs and projects for which they were destined end, except PDF created with pdfFactory Pro trial version www.pdffactory.com
where the possessions, equipment and materials are donated, destroyed, abandoned, or sold to the receiving Party, or the possessions, equipment, and materials are used up. Possessions, equipment, and materials imported free of taxes and duties under this Agreement and its implementing arrangements cannot be sold without the consent of the receiving Party.
ARTICLE XIII
Nothing in this Agreement shall be construed to prejudice other arrangements for scientific and technological cooperation between the two countries.
Likewise nothing in these other arrangements between the two countries shall apply to this Agreement.
ARTICLE XIV
Disputes concerning the interpretation or application of this arrangement shall be resolved amicably by consultation between the two Parties.
ARTICLE XV
This Agreement shall enter into force upon an exchange of diplomatic notes confirming that all constitutional and other legal requirements for entry into force have been fulfilled by each Government. This Agreement shaal remain in force for a period of five years. It may be amended by written agreement of the Parties, which shall enter into force in the same manner as the Agreement.
Either Party may terminate this Agreement at any time by giving written notice six months in advance of such termination to the other Party. The termination of this Agreement shall not affect the validity or duration of any arrangement made under it.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE in Jakarta this fifteenth day of January 1992, in duplicate, in the Indonesian and English languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE REPUBLIC OF INDONESIA, UNITED STATES OF AMERICA,
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PERSETUJUAN ANTARA PEMERINTAH REPUBLIK INDONESIA DAN PEMERINTAH AMERIKA SERIKAT UNTUK KERJASAMA DALAM RISET ILMIAH DAN PENGEMBANGAN TEKNOLOGI
Pemerintah Republik INDONESIA dan Pemerintah Amerika Serikat, selanjutnya disebut "Para Pihak";
Berhasrat untuk lebih meningkatkan hubungan erat dan bersahabat yang telah terjalin antara Para Pihak;
Mengingat kepentingan bersama Para Pihak dalam memajukan riset ilmiah dan pengembangan teknologi;
Menyadari manfaat yang akan diperoleh kedua negara dari kerjasama yang erat dalam bidang-bidang ini;
Menunjuk Persetujuan antara Pemerintah Republik INDONESIA dan Pemerintah Amerika Serikat untuk Kerjamasa dalam Riset Ilmiah dan pengembangan Teknologi tertanggal 11 Desember 1978, sebagaimana telah dirubah dan diperpanjang;
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