MEMORANDUM OF UNDERSTANDING BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND
THE GOVERNMENT OF THE REPUBLIC OF INDIA ON
SCIENTIFIC AND TECHNOLOGICAL COOPERATION
The Government of the Republic of Indonesia and The Government of the Republic of India, (hereinafter referred to as ''the Parties");
Recognizing the importance of Science, Technology, and Innovation in the development of their national economies and in the improvement of their socio-economic standard of life;
Considering that the development of scientific and technological relations shall be of mutual benefit to both countries;
Desiring to strengthen cooperation between the two countries, particularly in the fields of science and technology;
Considering further that such cooperation will promote the application of scientific achievements and new technologies to improve the economic situation and living standards, protect the environment and enhance the existing friendly relations between the two countries;
Referring to Agreed Minutes of the 2"d Indonesia- India Joint Science and Technology Committee (2"d JSTC) Meeting between the Government of Indonesia and the Government of India signed on 19th October, 2010 in Kuta, Bali.
Pursuant to the prevailing laws and regulations in their respective countries; Have reached the following understanding :
ARTICLE 1 OBJECTIVE
The objective of the present Memorandum of Understanding is to promote cooperation in the fields of science and technology between the Parties on the basis of equality and mutual benefit.
ARTICLE 2
AREAS OF COOPERATION
The Parties shall cooperate in the following priority areas taking into consideration each country's needs and capabilities:
c) Biotechnology; d) Biomedical Science; e) Energy;
f) Water Technologies; g) Disaster Management;
h) Space Sciences, Technology, and Applications; i) Geospatial Information;
j) Applied Chemistry;
k) Any other areas as may be mutually agreed by the Parties.
The above list may be amended as may be decided through mutual consent. ARTICLE 3
MEANS OF COOPERATION
1. The Parties shall encourage and facilitate cooperation through appropriate means including:
a. exchanges of scientific and technical information ; b. exchanges of scientists and technical experts;
c. education, training and/or capacity building workshops of scientists and technical experts;
d. exchanges of best practices related to science and technology; e. the convening of joint seminars and meetings;
f. the conduct of joint research projects;
g. the development of contacts and cooperation between government agencies, universities, research centers, institutions, private sector companies, and other entities of the two countries; and
h. other forms of scientific and technological cooperation as may be mutually agreed upon.
2. Cooperation under this Memorandum of Understanding shall be based on shared responsibilities and equitable contributions and benefits, commensurate with the Parties' respective scientific and technological strengths and resources.
ARTICLE4
COORDINATING AGENCY
Department of Science and Technology, Government of India, from the Indian side and International Science and Technology Network, the Ministry of Research and Technology, Government of Indonesia from Indonesian side shall be "Coordinating Agency" to implement the terms set out under this Memorandum of Understanding.
ARTICLES
EXECUTIVE OFFICERS AND THE JOINT COMMITTEE
1. The Parties shall establish a ·Joint Committee• for coordinating and facilitating cooperative activities under this Memorandum of Understanding composed of representatives designated by the Parties. The Committee shall determine priority areas of cooperative activities and review the implementation of this Memorandum of Understanding.
3. Each Party will inform the other Party a Nodal Officer responsible for the coordination and facilitation of cooperative activities under this Memorandum of Understanding, including coordination of Joint Committee meetings on scientific and technological cooperation between the Parties.
4. In the intervals between the sessions of the Committee, the Coordinating Agency may meet, if necessary, to discuss and further the implementation of this Memorandum of Understanding and to exchange information on the progress of programs, projects and activities of common interest, which may Include review of intellectual property rights under this Memorandum of Understanding, and implementing arrangements under this Memorandum of Understanding.
ARTICLE 6 IMPLEMENTATION
1. The Parties may encourage, facilitate, and, where appropriate coordinate, the development of contacts and cooperation between government agencies, universities, research centers, institutions, and other entities as mutually agreed by the two countries.
2. The Implementing arrangements concluded by government agencies or other designees of the Parties shall cover, as appropriate, topics of cooperation in science and technology, means of cooperation, obligations and procedures for transfer and use of equipment and funds, genetic resources and associated traditional knowledge, Material Transfer Agreements (MTAs) , the potential need for the temporary cessation of activities, and other relevant issues. The conclusion of those implementing arrangements shall be in accordance with prevailing laws, regulations and procedures of both Parties. Unless the Parties or their designees agree otherwise, the terms of this Memorandum of Understanding shall apply to any implementing arrangements.
ARTICLE 7
FINANCIAL ARRANGEMENTS
1. Cooperative activities under this Memorandum of Understanding shall be subject to the availability of funds.
2. The expenses for the exchange of experts, scientists and other specialists under this Memorandum of Understanding shall be shared by the sending Party and the receiving Party. The specific cost sharing arrangements shall be agreed in writing by the Parties or their Coordinating Agencies.
ARTICLE 8
MATERIAL TRANSFER AGREEMENT
Taking into account the applicable laws and regulations of the Parties, in the event that require research materials used in the collaborations under this Memorandum of Understanding to be transferred outside the territory of one party to the other party, the transfer shall be conducted using Material Transfer Agreement (MTAs).
ARTICLE 9 TRANSPARENCY
the obligations set forth in this Memorandum of Understanding would be reported to the Joint Committee.
ARTICLE 10
INTELLECTUAL PROPERTY RIGHTS
1. Each Party shall protect, within its territory, intellectual property rights of other Party in accordance with the domestic law in force in their respective country. 2. The protection of intellectual property generated in the course of the cooperative
activities shall be governed by the terms set out in the specific collaboration protocol signed by the involved Indian and Indonesian agencies prior to initiation of such activities.
ARTICLE 11
GENETIC RESOURCES AND ASSOCIATED TRADITIONAL KNOWLEDGE Access to genetic resources and associated traditional knowledge including their collection, conservation and exchange of genetic resources and associated traditional knowledge under this Memorandum of Understanding shall be regulated in specific arrangements subject to national laws prevailing in respective countries.
ARTICLE 12
LIMITATION OF PERSONNEL ACTIVITIES
1. Personnel engaged in the cooperative activities under this Memorandum of Understanding shall respect the national laws and regulations of the host country, national integrity, and act in accordance with the purpose of the Memorandum of Understanding.
2. Any violation of paragraph 1 of this article may result in revocation of all permits of the personnel concerned and other necessary measures in accordance with the prevailing laws and regulations of the host country.
ARTICLE 13 AMENDMENT
The present Memorandum of Understanding may be modified or amended by mutual consent of the Parties through Exchange of Notes between the Parties through the diplomatic channels.
ARTICLE 14
SEITLEMENT OF DISPUTES
Any dispute between the Parties arising out of the interpretation or implementation of this Memorandum of Understanding shall be settled amicably through consultations or negotiations between the Parties.
ARTICLE 15
FACILITATION OF COOPERATION
