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AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE POLISH PEOPLE’S REPUBLIC ON COOPERATION IN THE FIELD OF SCIENCE AND [1974] INTSer 10

AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE POLISH PEOPLE’S REPUBLIC ON COOPERATION IN THE FIELD OF SCIENCE AND
TECHNOLOGY

New Delhi, 15 March 1974

The Government of the Republic of INDIA

AND

The Government of the POLISH People’s Republic.

CONSIDERING that development of scientific and technical relations shall be of mutual benefit to both the countries,

DESIROUS of strengthening cooperation between the two countries, particularly in the fields of science and technology.

CONSIDERING further that such cooperation will promote the development of existing friendly relations between the Republic of India and the Polish People’s Republic,

BEARING in mind the Agreement on Cultural Cooperation between the Republic of India and the Polish People’s Republic signed on 27th March 1957 in New Delhi and without prejudice to exchanges under the said Agreement,

HAVE AGREED as follows :

Article I

The Contracting Parties hereby agree to promote development of cooperation in the fields of science and technology between the two countries on the basis of equality and mutual advantages and, by mutual consent, define various areas in which this cooperation is desirable, taking into account the experience which scientists and specialists have gained and the possibilities available.

Article II

Cooperation between the Contracting Parties in the fields of science and technology may be effected by means of :

1. exchange of scientists, research workers, specialists, scholars,
2 exchange of scientific and technical information and documentation,
3 organization of bilateral scientific and technical seminars and courses on problems of interest for both Parties,
4. joint identification of scientific and technical problems formulation and implementation of joint research programmes which might lead to application of the results of such research in industry, agriculture and other fields, including exchange of achieved experiences and know-how resulting therefrom.

Article III

1. The Contracting Parties shall promote cooperation between the respective organisations, enterprises and scientific institutions concerned with science and technology in both countries with a view to concluding, if necessary, appropriate protocols or contracts within the frame work of this Agreement.

2. Protocols or contracts, which shall be the basis for developing cooperation between organisations, enterprises and scientific institutions of the two countries, shall be signed in accordance with the laws and regulations in force in the respective country These protocol or contracts shall provide for, in case of necessity :

(i) recompense for licensing know-how or utilisation of patents,

(ii) exchange of patents joint application for patents based on joint projects of research and development and conditions for their commercialisation by either Party or jointly by them in a third country,

(iii) conditions of introduction into production and realisation of output,

(iv) financial terms and conditions.

Article IV

The Contracting Parties agree that the delivery of the equipment required for joint research and for pilot plant studies instituted in furtherance of this Agreement will be effected in the manner discussed and agreed upon by both Contracting Parties in each individual case. The delivery of equipment and apparatus from one country to another produced in the course of implementation of this Agreement shall be effected in accordance with the terms of the existing trade agreement between them, if they do not agree on another way of making these deliveries.

Article V

The Contracting Parties shall take steps to promote cooperation among scientific libraries, centres of scientific and technical information and scientific institutions for exchange of books, periodicals and bibliographies.

Article VI

1. This Agreement shall be realised on the basis of implementation programmes signed periodically, but not less frequently than one for two years. These implementation programmes shall specify the range, subject and forms of cooperation including financial terms and conditions.

2. The implementation of this Agreement is entrusted to the Department of Science & Technology from the Indian side and to the Ministry of Science, Higher Education and Technology from the Polish side. These institutions will be partners for concluding and realisation of implementation programmes and will be responsible in that case to the Indo-Polish Joint Commission on Economic, Scientific and Technical Cooperation.

Article VII

The Contracting Parties agree not to divulge information obtained by them or their personnel under this Agreement to any third party without the specific consent of the other Party.

Article VIII

Expenses for travel of the scientists and specialists between the two countries shall be borne by the sending country, while the expenses for accommodation and other expenses, such as pocket money, internal travel, medical facilities etc., shall be borne by the host country, according to the terms mutually agreed upon between the Contracting Parties.

Article IX

Within the limits of the standing regulations, the Contracting Parties shall secure to the citizens of each Party, who stay on their territories, all assistances and facilities in the fulfilment of the tasks they are entrusted with, according to the provisions of this Agreement.

Article X

This Agreement shall be subject to approval by the Contracting Parties in accordance with their respective constitutional procedures and shall come into force upon exchange of notes concerning such approval.

This Agreement shall remain in force for a period of five years and shall be automatically extended for further period of five years, if none of the Contracting Parties gives notice to the other Party of its intention to terminate this Agreement twelve months before the expiry of the said period.

IN WITNESS THEREOF the respective representatives of the two Governments have signed this Agreement.

DONE in duplicate in New Delhi on the fifteenth day of March, 1974 in Hindi, Polish and English languages, all texts being equally authentic, but in case of doubt the English text shall prevail.

Sd /-
SWARAN SINGH
Minister of External Affairs
On behalf of the Government of the Republic of India

Sd /-
STEFAN OLSZOWSKI
Minister of Foreign Affairs
On behalf of the Government of the Polish People’s Republic


India Bilateral

Ministry of External Affairs, India


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