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March 08, 1997

The Philippine Nuclear Research Institute, hereinafter called PNRI, and the Pakistan Atomic Energy Commission, hereinafter called PAEC, 

Convinced that peaceful uses of atomic energy hold great promise for scientific, technological and economic development.

Having a mutual interest in a continuing exchange of information on peaceful nuclear technology, including nuclear research and development, regulations and licensing,

Recognizing the benefits that flow from mutual cooperation and desiring to further develop mutual cooperation in the spirit of traditional friendship, mutual esteem and good relationship existing between the Philippines and Pakistan;

Do hereby mutually agree as follows:

To promote, in accordance with their respective laws and regulations scientific and technological cooperation in the field of peaceful uses of nuclear technology through the exchange of relevant information data and experiences for the economic and developmental needs of both countries.

As used in this Memorandum of Understanding, the following terms will have the definitions respectively assigned to them hereunder:

1. "Memorandum of Understanding (MOU)" means this document comprising Articles 1 to XI;

2. "Party" means PNRI or PAEC, and "PARTIES" means PNRI and PAEC;

3. "Information" means all form of scientific or technical data resulting from research, and development programs carried out by PNRI and/or PAEC.

The scientific and technical cooperation referred to in Article I shall consist of the following:

1. Exchange of technical information in peaceful uses of nuclear technology;

2. Short visits by specialist teams or individuals representing one Party to the other Party;

3. The attachment of personnel of one Party to the facilities of the other Party for training, education, or for conducting research and development on specially defined topics;

4. Such other forms of scientific and technical cooperation in the fields of peaceful application of nuclear technology as the Parties may deem necessary.

Forms of cooperation referred to in Article III may include cooperation to be implemented under separate contracts between the parties. The contracts, which could involve entities having research and development and/or industrial activities in the Philippines and in Pakistan, shall provide detailed conditions and/or requirements, including financial and intellectual property arrangements.

Each Party shall be responsible for its own costs and expenses incurred in connection with the forms of cooperation referred to in Article-Ill unless otherwise agreed upon.

The ability of the Parties to carry out their responsibilities under this MOD" is subject to the availability of funds and to the applicable laws and regulations in each country.

Each Party shall use its best efforts to provide duty free entry for materials and equipment provided pursuant to science and technology cooperation undertaken under this MOU.

Research activities under this MOU shall be subject to regulatory control of the country where the activities will be conducted.

Representatives of PNRI and PAEC will meet from time to time for consultations on any problems which may arise as a result of the implementation of this MOU.

PNRI and PAEC will exchange information concerning the peaceful uses of atomic energy and research connected therewith, except information of classified nature or information which either Party is not free to exchange of information which is of commercial value and which the Party transmitting it desires to be subject to a special arrangement. All information mutually exchanged shall be freely used in the Philippines or in Pakistan as the case may be unless specific conditions are attached to the use of any particular information. If the information supplied relates to patents registered in the Philippines or in Pakistan the terms and conditions for its use or for its communication to a third Party shall be subject of mutual agreement between the PNRI and PAEC.

Prior to carrying out any cooperative activities which may create or furnish an intellectual property, the Parties will agree on the terms and conditions applicable to it on an equitable basis.

For the purpose of this MOU, intellectual property is understood to have the meaning given in Article II of the Convention establishing the World Intellectual Property Organization done at Stockholm on 14 July, 1967 .

The Parties shall take necessary steps to ensure the most efficient and effective use of any inventions or works resulting from the implementation of this MOU.

Any invention or works resulting from joint activities shall be jointly and indivisibly owned and the necessary registration shall be done by both Parties or the Party on behalf of the Parties.

a. Each Party, upon prior approval from the other Party and subject to appropriate acknowledgement, may use such invention or works in its own territory for the purpose of education, science, research and development, on royalty free basis, provided further that if the outputs from Research and Development are used for commercial purposes, the following section shall apply.

b. In the event that an invention or work is used by one Party for commercial purposes, the approval of the other Party shall be obtained. The Party entitled to obtain a fair and equitable portion of the royalty shall be mutually agreed upon by both Parties.

In case any invention or work resulted from the activities undertaken solely by one Party or experts performing services on behalf of that Party, such invention or works shall belong to the said Party. The necessary registration of the invention or work may be done by such Party. The other Party may upon written consent, use such invention or discoveries free of royalty, provided that such is not used for commercial purposes.

In the event that differences shall arise between the Parties with regard to the interpretation or application of the provision of this MOU, the Parties shall resolve them by means of negotiation, or in any manner mutually agreed upon.

This MOU or any part thereof, may be modified or amended by mutual consent at any time.

None of the Clauses of this MOU shall prejudice the obligations which may bind the PNRI or the PAEC and any other international agreement in the field of the peaceful uses of atomic energy.

ARTICLE-XI

This MOU shall come into force upon signature by designated representatives between Parties and will remain valid for a period of five (5) years and automatically extended for the same period of time by written agreement of both Parties.

This MOU may be terminated at any time at the discretion of one Party by providing the other with ninety (90) days advance notification in writing.

Termination of MOU shall be without prejudice to the right that may have accrued under this MOU to either Party up to the date of termination, it being agreed that the termination shall not affect the validity or duration of any program/projects which are being implemented under this MOU.

THIS MEMORANDUM OF UNDERSTANDING made in the English language and done this 8th day of March 1997 at Islamabad.

IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of Understanding to be executed as of the date first above written by their duly authorized signing officers.