View Treaty - E105299

Agreement on Bilateral Cooperation in Industrial Research and Development Between the Government of Canada and the Government of the State of Israel

E105299

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE STATE OF ISRAEL, hereinafter together referred to as the “Parties”;

ANIMATED by a desire on the part of both Parties to nurture and strengthen economic and commercial cooperation for peaceful purposes between Canada and the State of Israel;

RECALLING the Memorandum of Understanding on Economic Cooperation between the Government of Canada and the Government of Israel of 31 March 1992, the Memorandum of Understanding on Bilateral Cooperation in Private Sector Industrial Research and Development Entered Into by the Government of Canada and the Government of Israel of 16 August 1994 and the Agreement on Bilateral Cooperation in Industrial Research and Development between the Government of Canada and the Government of the State of Israel of 27 March 2006 (the “Previous Agreement”);

RECOGNIZING that industrial sector initiatives have been the mainstay of the conduct of business between Canada and the State of Israel in the pursuit of new export opportunities;

RECALLING the Parties' rights and obligations pursuant to international treaties and conventions relating to intellectual property to which both Canada and the State of Israel are party, in particular the Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971), the Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967), and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS);

RESOLVING to maintain the ongoing effort to identify and facilitate the establishment of joint industrial research and development projects between Canadian and Israeli corporations,

HAVE REACHED the following Agreement:

Article I

Objectives

1. The Parties determine that the objectives of this Agreement are to strengthen bilateral cooperation in industrial research and development activities for peaceful purposes including the following:
   1. Promoting the activities of their respective industrial sectors to increase the level of bilateral industrial research and development (R&D) joint venture cooperation;
   2. Facilitating the identification of specific projects or partnerships between Canadian and Israeli corporations that could lead to industrial R&D cooperation; and
   3. Coordination and focusing suitable government resources and programmes to support closer commercial relations and industrial cooperation, including support for a joint industrial R&D cooperation initiative.
2. The Parties continue to support this initiative by maintaining the Canada-Israel Industrial R&D Programme (hereinafter referred to as “CIIRD Programme”).
3. The Parties shall implement the CIIRD Programme through the Canada-Israel Industrial Research and Development Foundation (hereinafter referred to as “CIIRDF”).

Article II

Industrial R&D Cooperation

The Parties shall, in order to implement the CIIRD Programme, promote and enhance all forms of industrial sector cooperation in accordance with their respective legislation, as well as their respective economic and development policies and priorities by encouraging, supporting and facilitating:

1. The maintenance of a database on Canadian and Israeli corporations' capabilities as prospective industrial R&D partners;
2. The exchange of information on technologies and know-how, licensing arrangements and industrial consultancy;
3. The contact between respective industrial R&D and technological communities;
4. The exchange of views on the formulation and application of industrial R&D and technology policies;
5. The Canadian and Israeli corporations in establishing joint industrial R&D ventures and assisting in the creation of collaboration between them;
6. transfer of technology through industrial R&D programmes in order to promote the application, adaptation and improvement of existing and new technological products and processes.

Article III

Institutional Structure and Financing

1. Subject to the availability of appropriated funds, the Parties shall provide an equal amount of funding of up to $1 million CDN per year to the CIIRD Programme for use by the CIIRDF to cover R&D project support and administration costs. The Parties shall limit the administration costs to at most 15% of the annual funding provided by them.
2. The joint Board of Directors established by the CIIRDF Articles of Incorporation shall be responsible for overall management of the CIIRD Programme.
3. The Parties shall consult regularly on the implementation of this Agreement.
4. The Parties shall endeavour to facilitate the work of the CIIRD Programme, in accordance with their respective legislation.

Article IV

Fair and Equitable Treatment

Subject to its laws, regulations and policies, each Party shall accord fair and equitable treatment to the individuals, corporations, government agencies and other entities of the other Party engaged in the pursuit of activities under this Agreement.

Article V

Dispute Settlement

The Parties shall endeavour, in good faith, to amicably resolve any dispute between them arising from the interpretation or implementation of this Agreement, through consultations.

Article VI

Final Provisions

1. This Agreement shall enter into force on the date of the last diplomatic note by which one Party informs the other of the completion of its internal procedures, and the provisions of this Agreement shall have effect from 1st April 2011.
2. Either Party may terminate this Agreement at any time with six months' advance notification in writing to the other Party, through diplomatic channels.
3. This Agreement shall remain in force for a period of five years, unless denounced by either Party, and it shall be automatically renewable for periods of five years. A Party that does not wish to renew this Agreement shall notify the other Party by giving six months' written notification, through diplomatic channels.
4. This Agreement may be amended, in writing, by agreement of the Parties. Any such amendment shall enter into force on the date of the last diplomatic note by which one Party informs the other of the completion of its internal procedures.
5. The amendment or termination of this Agreement shall not affect the validity of arrangements and contracts already concluded under the Previous Agreement and under this Agreement.
6. This Agreement shall not affect the rights or obligations of the Parties under other international agreements and treaties to which they are party.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE in two originals at Jerusalem, on this 10th day of July 2011, corresponding to the 8th day of Tamuz 5771, in the Hebrew calendar, in the English, French and Hebrew languages, each version being equally authentic.

Paul Hunt
FOR THE GOVERNMENT OF CANADA

Avigdor Lieberman
FOR THE GOVERNMENT OF THE STATE OF ISRAEL