You are here

U.S. Department of State, Intellectual Property Amendment to U.S.-China Science and Technology Protocol, Sept. 22, 2018

September 22, 2018
The seal of the U.S. Department of State.

The original U.S.-China Science and Technology Cooperation Agreement was signed in 1979 with the establishment of diplomatic relations. It has been extended several times. In 2018 the attached (link below) amendment on intellectual property was included.

An excerpt:

II. C Each Party shall ensure, through contracts or other legal means with its own participants, if necessary, that the other Party and its participants can obtain the rights to intellectual property allocated in accordance with this Annex. To promote greater certainty regarding this commitment, the Parties shall ensure that the allocation of intellectual property rights occurs according to this Annex as may be further elaborated in the agreements between the participants of each Party according to this Annex. If the science and technology cooperation, including research cooperation, carried out under the Agreement generates intellectual property, including those involving projects with potential technology trade, measures of either Party governing inbound technology licensing transactions shall not impede the Parties and the participants of the project of both sides from obtaining the allocation of rights set out in this Annex. This Annex does not otherwise alter or prejudice the allocation between a Party and its participants, which shall be determined by that Party's laws and practices.

III. A. Each Party shall be entitled to a worldwide, non-exclusive, irrevocable, royalty-free license to translate, reproduce, and publicly distribute monographs, 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 Agreement shall indicate the names of the authors of the work unless an author explicitly declines to be named.