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Amendment to the Agreement for Co-operation concerning Civil Uses of Atomic Energy between the Government of Canada and the Government of the United States of America [1960] CATSer 4 (14 July 1960)

E100361 - CTS 1960 No. 17

AMENDMENT TO THE AGREEMENT FOR CO-OPERATION CONCERNING CIVIL USES OF ATOMIC ENERGY BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA

The Government of Canada and the Government of the United States of America,

Desiring to amend the Agreement for Co-operation Concerning Civil Uses of Atomic Energy Between the Government of Canada and the Government of the United States of America signed at Washington on June 15, 1955 (hereinafter referred to as the "Agreement for Cooperation"), as amended by the Agreement signed at Washington on June 26, 1956, and as modified by the Agreement signed at Washington on May 22, 1959,

Agree as follows:


ARTICLE I
Notwithstanding the provisions of Article I of the Agreement for Co-operation, that Agreement, as amended, shall remain in force for a period of twenty years from the date this Amendment enters into force.
ARTICLE II

Article VI A of the Agreement for Co-operation is amended as follows:

1. In the first sentence a comma is inserted after the word "sell" and the phrase "lease, or, subject to required governmental authorizations, loan" is inserted directly thereafter.

2. In the second sentence a comma is inserted after the word "sell" and the phrase "lease, or loan" is inserted directly thereafter.

3. In the second paragraph the word "purchased" is deleted and the word "received" is substituted in lieu thereof.

ARTICLE III

The second sentence of Article VI C of' the Agreement for Co-operation is amended by deleting the phrase "sell to Atomic Energy of Canada Limited," and substituting in lieu thereof the phrase "transfer to Atomic Energy of Canada Limited, by sale, lease, or, subject to required governmental authorization, loan."
ARTICLE IV

1. Subparagraph (1) of Article IX A of the Agreement for Co-operation is amended by inserting a comma after the word "license" and by deleting the phrase "for its own governmental purposes and for purposes of mutual defence" and substituting in lieu thereof the phrase "with the right to grant sub-licenses, for all purposes."

2. The first sentence of subparagraph (2) of Article IX A of the Agreement for Co-operation is amended to read as follows:

"(2) As to its right, title and interest in and to any such invention, discovery, patent application, or patent in its own or third countries will, upon request of the other party, grant to the other party a royalty-free, non-exclusive, irrevocable license, with the right to grant sub-licenses, for all purposes in all such countries."

3. The following new paragraph is added to Article IX:

"C. With respect to inventions or discoveries made or conceived in circumstances other than those provided for in paragraph A of this Article, it is agreed that additional mutual specific patent arrangements may be made."


ARTICLE V
This Amendment shall enter into force on the date of receipt by the Government of Canada of a notification from the Government of the United States of America that all statutory and constitutional requirements of the Government of the United States of America for the entry into force of such amendment have been complied with, and it shall remain in force for the period of the Agreement for Co-operation, as amended.
IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Amendment.

DONE at Washington, in duplicate, this eleventh day of June 1960.

Arnold D. P. Heeney

FOR THE GOVERNMENT OF CANADA


Foy D. Kohler
John A. McCone

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA


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