Bilateral Agreements/MOUs in the area of Trade
signed between India and Brazil
Unofficial Translation
AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE
REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF INDIA ON COOPERATION
IN THE FIELDS OF SCIENCE AND TECHNOLOGY
The Government of the Federative Republic of Brazil and the
Government of the Republic of India considering that the
development of scientific and technological
relations, will be of mutual benefit to both countries;
Desirous of strengthening cooperation between the two
countries, especially in the field of science and technology;
Considering moreover that such cooperation will further
the development of the friendly relationship existing between the two
countries,
Agree to the following:
ARTICLE I
The Contracting Parties agree to further the development
of cooperation in the fields of scion science & technology between
the two countries based on equality and reciprocal advantages and to
establish by mutual consent, the various areas in which such cooperation
is desirable, taking into consideration the experience acquired by scientists
and specialists of the two countries and the possibilities available.
ARTICLE-Il
Cooperation between the Contracting Parties in the fields of science
and technology can be effected through:
-
exchange of scientists, researchers, specialists and academic
personalities;
-
exchange of information and scientific and technical documentation;
-
organizing of bilateral scientific and technical seminars and
courses on problems of interest to both countries;
-
joint identification of scientific and technical problems, formulation
and execution of joint research programmes which can lead to the
application of the results of such research in industry, agriculture
and other fields, and the exchange of resulting experience and
technical knowledge.
ARTICLE III
The Contracting Parties will. promote cooperation between
the respective organizations, companies and institutions involved in
science and technology in both countries, with a view to the closing,
if necessary, of appropriate protocols or contracts under this Agreement.
The protocols or contracts which will be the basis
for the development of cooperation between .the organizations, companies
and institutions involved in science and technology in both countries,
will be signed by common agreement between the Contracting Parties and
in conformity with the laws and regulations in force in the respective
countries. Such protocols and contracts should, in necessary, stipulate:
(i) remuneration for licencing of techniques or utilization
of patents;
(ii) exchange of patents, joint registration of patents
based on joint research and development projects and conditions for
their marketing by each Party or jointly by both Parties in a third
country;
(iii) conditions for application in the productive
sector and the implementation of productions;
(iv) terms and financial conditions;
ARTICLE IV
The contracting Parties agree that the sending of equipment
needed for joint research and for the studies of pilot-plants set up
under this Agreement will be effected as discussed and agreed to by
both Contracting Parties in each case. The sending of equipment and
machinery from one country to the other, produced during the course
of the execution of this agreement, will be effected in accordance with
the terms of the trade agreement existing at the time between the two
Parties or as agreed between them.
ARTICLE V
1. The objective of this Agreement will be attained
through the implementation of programmes approved periodically. Such
programmes will specify the extent the themes and modalities of cooperation
as well as terms and financial conditions.
2. The implementation Of this Agreement is entrusted
to the Ministry of External Relations on the Brazilian side and to the
Department Of Science and Technology on the Indian side.
ARTICLE VII
Each Contracting Party agrees not to disclose the information
obtained by it or by its Personnel under this Agreement to a third party
without the specific consent of the other party.
ARTICLE VIII
Travel expenses of scientists and specialists between
the two countries will be for the account of the country which is
sending while expenses for stay and other expenses such as daily
expenses, internal traveling , medical facilities, etc. will be
for the account of the host Country, in accordance with the terms
mutually agreed to by the Contracting Parties.
ARTICLE IX
Each Contracting Party should, in accordance with
its laws and regulations, assure the citizens of the other Party
who are in its territory all assistance and facilities for carrying
out the tasks entrusted to them as stipulated in this Agreement.
ARTICLE X
1. This Agreement will be subject to approval by
the Contracting Parties an per their respective constitutional procedures
and will come into force by exchange of Notes relative to this approval.
2. This Agreement will remain valid for
a period of 5 years and will be automatically extended for consecutive
five-year periods unless one of the Contracting Parties notifies
the other Party of its intention of canceling this Agreement twelve
months' before the expiry of the said period.
In testimony whereof, the respective representatives
of the two governments have signed this Agreement.
Drawn up in New Delhi on July 22, 1985 in
two Originals, in Portuguese, Hindi and English, all texts being
equally authentic and, in case of doubt, the text in English will
prevail.
For the Government of the Federative Republic of Brazil
Olavo Egydio Setubal
For the Government of the
Republic of India
Khurshid Alam Khan
