e estabelece o entendimento comum sobre os princípios da cooperação no domínio dos IMS. Agradecia que Vossa Excelência me confirmasse este entendimento, logo que possível."Tenho a honra de confirmar o acordo do meu governo sobre o conteúdo da carta de Vossa Excelência.Pelo Governo do JapãoH. Carta dos Estados Unidos da AméricaExcelência,Tenho a honra de me referir à carta de Vossa Excelência de ..., do seguinte teor:"Reporto-me ao Acordo relativo a actividades de investigação e desenvolvimento no domínio dos sistemas inteligentes de fabrico (IMS) concluído em 1997 e 2001, respectivamente, entre a Comunidade Europeia e a Austrália, o Canadá, os Estados membros da EFTA Noruega e Suíça, a Coreia, o Japão e os Estados Unidos da América.O objectivo da presente carta é estabelecer o entendimento comum obtido sobre a renovação e alteração do referido Acordo de cooperação, tal como exposto nas especificações técnicas apensas à presente carta.As regiões participantes trabalharão em cooperação no sentido de impulsionar a competitividade industrial, resolver problemas que se colocam a nível mundial no domínio do fabrico e desenvolver tecnologias e sistemas de fabrico avançados. Essa cooperação garantirá um equilíbrio entre benefícios e contributos, será importante em termos industriais e basear-se-á no princípio da compreensão e interesse mútuos.O financiamento das actividades de cooperação ficará sujeito à disponibilidade financeira e à legislação e regras aplicáveis das regiões participantes. Cada região participante financiará a sua própria participação e contribuirá de maneira equitativa, em dinheiro ou em espécie, para os custos do secretariado inter-regional IMS. O secretariado funcionará e procederá de acordo com os princípios enunciados nas especificações técnicas. A Comunidade Europeia está pronta a acolher o secretariado inter-regional no período a decidir conjuntamente pelas regiões participantes.O presente acordo de cooperação terá uma vigência de 10 anos. Cada região participante pode retirar-se a qualquer momento mediante a apresentação de um pré-aviso de 12 meses. Os participantes procederão à revisão do programa cinco anos após o seu lançamento.A Comunidade Europeia e a Noruega reservam-se o direito de agir como uma única região europeia.A presente carta, juntamente com a sua aceitação pelas regiões participantes, subscreve as especificações técnicas e estabelece o entendimento comum sobre os princípios da cooperação no domínio dos IMS. Agradecia que Vossa Excelência me confirmasse este entendimento, logo que possível."Tenho a honra de confirmar o acordo do meu governo sobre o conteúdo da carta de Vossa Excelência.Pelo Governo dos Estados Unidos da América[1] The IMS collaboration scheme was launched in 1995, following the conclusion of a successful Feasibility Study. The duration of the initial IMS collaboration scheme was set at ten years up to 2005. Based on the experience gained in this initial phase, the partners to the
All rights defined by Article 2(viii) of the Convention Establishing the World Intellectual Property Organisation signed at Stockholm on 14 July 1967 (see Technical Appendix 1.A.), excluding trademarks, service marks and commercial names and designations.1.12. NON-PROFIT INSTITUTIONS: Any legal entity, either public or private, established or organised for purposes other than profit-making, which does not itself commercially exploit FOREGROUND.1.13. PARTICIPANT: Australia, Canada, the European Union and Norway, Japan, Korea, Switzerland, the United States and any other country or geographic region whose participation in the IMS SCHEME may be approved in the manner determined by the PARTICIPANTS.1.14. PARTNER: Any legal or natural person participating as a contracting party to the COOPERATION AGREEMENT for a given PROJECT.1.15. PROJECT: Any research and development project carried out by a CONSORTIUM within the IMS SCHEME.1.16. SUMMARY INFORMATION: A description of the objectives, status and results of a PROJECT which does not disclose CONFIDENTIAL INFORMATION.Article 2Mandatory provisionsEach COOPERATION AGREEMENT must contain substantive terms and conditions that are fully consistent with each of the provisions 2.1 through 2.13 in this Article and the definitions used in each COOPERATION AGREEMENT shall be those specified in Article 1 of this document.Where a PROJECT or a potential PARTNER or its AFFILIATES is subject to government requirements, whether by law or agreement, and such requirements will affect rights or obligations pursuant to the COOPERATION AGREEMENT, the potential PARTNER shall disclose to the other PARTNERS all such requirements of which it is aware prior to signing the COOPERATION AGREEMENT. PARTNERS must ensure that ownership, use, disclosure and licensing of FOREGROUND will comply with these mandatory provisions if the PROJECT is subject to government requirements.PARTNERS will, at the outset of a PROJECT, promptly notify one another of their AFFILIATES which will be involved in the performance of the PROJECT, and will notify one another of any changes in the AFFILIATES so involved during the life of the PROJECT. At the time of entering into a COOPERATION AGREEMENT, and immediately after new legal entities have come to meet the AFFILIATE definition, PARTNERS may exclude AFFILIATES from the rights and obligations set forth in these provisions in accordance with the terms of the COOPERATION AGREEMENT.Written Agreement2.1. PARTNERS shall enter into a written COOPERATION AGREEMENT that governs their participation in a PROJECT consistent with this document.Ownership2.2. FOREGROUND shall be owned solely by the PARTNER or jointly by the PARTNERS creating it.2.3. A PARTNER which is the sole owner of FOREGROUND may disclose and non-exclusively license that FOREGROUND to third parties without ACCOUNTING to any other PARTNER.2.4. A PARTNER which is a joint owner of FOREGROUND may disclose and non-exclusively license that FOREGROUND to third parties without the consent of and without ACCOUNTING to any other PARTNER, unless otherwise agreed in the COOPERATION AGREEMENT.2.5. A PARTNER may assign its sole and/or joint ownership interests in its BACKGROUND, BACKGROUND RIGHTS and FOREGROUND to third parties without the consent of and without ACCOUNTING to any other PARTNER.PARTNERS who assign any of their rights to BACKGROUND RIGHTS or FOREGROUND must make each assignment subject to the COOPERATION AGREEMENT and must require each assignee to agree in writing to be bound to the assignor's obligations under the COOPERATION AGREEMENT in respect of the assigned rights.Dissemination of information2.6. SUMMARY INFORMATION shall be available to all PARTNERS in other PROJECTS and to the committees formed under the IMS SCHEME.2.7. The CONSORTIUM will make available at the end of the PROJECT a public report setting out SUMMARY INFORMATION about the PROJECT.License rightsForeground2.8. Each PARTNER and its AFFILIATES may use FOREGROUND, royalty-free, for research and development and for commercial exploitation. Commercial exploitation includes the rights to use, make, have made, sell and import.However, in exceptional circumstances,- PARTNERS may agree in their COOPERATION AGREEMENT to pay a royalty to PARTNERS which are NON-PROFIT INSTITUTIONS for commercial exploitation of FOREGROUND which is solely owned by such NON-PROFIT INSTITUTIONS; and- PARTNERS may agree in their COOPERATION AGREEMENT to pay a royalty to PARTNERS which are for employees the following themes can be identified.- Clean manufacturing processes that can minimise effects on environment. Process emission minimised systems. Process disposal minimised systems.- Factory (process) life-cycle pre-assessed systems.Minimum consumption of energy. Energy efficient processes that can meet manufacturing requirements with minimum consumption of energy. Integrated cycled process for less energy consumption.- Modules of energy conservation type. Production management technology of energy conservation type.- Technology innovation in manufacturing processes. Methods that can quickly produce different products through "Rapid Prototyping Methods". Manufacturing processes that can flexibly respond to changes in labour conditions, changes of products or materials.- Improvement in the flexibility and autonomy of processing modules that compose manufacturing systems. Open distributed systems and their modules that can match both unmanned, man-machine mixed and labour intensive systems, and can metamorphologically architect system components in correspondence with changes of products.- Improvement in interaction or harmony among various components and functions of manufacturing. Open infrastructure for manufacturing. Inter-connected information systems such as "remote ID" among respective modules.3. Strategy/planning/design toolsManufacturing takes place in a global economy. How and where raw materials are transformed is a strategic decision. The decision is complicated in terms of what to make and where to make or buy it, in what is becoming a single global economy.Many of today's manufacturing organisations are designed using vertical and hierarchical structures. The move towards hierarchical structures is and will continue to require major changes in organisations, systems and work practices. We need methodologies and tools to help us to define appropriate manufacturing strategies and to design appropriate organisations and business/work processes.Methods and tools to support business process re-engineering. Modelling tools to support the analyses and development of manufacturing strategies.Design support tools to support planning in an extended enterprise or virtual enterprise environment.4. Human/organisation/social issues- Promotion and development projects for improved image of manufacturing. Manufacturing engineers tend to be at the bottom of the pay scale relevant to other engineers, and the profession as a whole has a lower stature. Therefore ITC considers as projects globally recognised, strong professional societies and educational institutions for the promotion of manufacturing as a discipline. These proposals include the creation of international organisations to promote manufacturing.- Improved capability of manufacturing workforce/education, training. Engineering education has often tended to emphasise theory over process. In addition, basic education has not always met the needs of industry, producing graduates with often-inadequate skills. This has led to industries that are poor at turning innovation into successful products. This necessitates a change in priorities and closer ties between industry and educational institutions. As well, changes in system organisation means that training within companies is a continuous process which seeks to update the skills and increase the potential of employees — the crucial elements in any system.- Autonomous offshore plants (integration of supplementary business functions in subsidiaries). Offshore plants were originally meant to increase market share and decrease production costs: development of the transplant labour forces were a secondary consideration. However, giving more autonomy to these plants enables them to react more flexibly to changing conditions in the areas where they are based, and is consistent with organisational ideas of decentralisation, empowerment and hierarchy flattening. It also serves to contribute to domestic development in the countries where the plants are located and further the IMS goal of spreading widely basic manufacturing knowledge.- Corporate technical memory — keeping, developing, accessing. Often in a manufacturing enterprise knowledge and sources of information are isolated or locked. "Organisational learning" is a strategy for translating such knowledge into a framework or a model that leads to better decision-making and could be an important theme within IMS.- Appropriate performance measures for new paradigms. New paradigms of manufacturing must offer superiority in performance from the points of view of costs, quality, delivery and flexibility. The first three are familiar performance criteria used for mass production, while flexibility is a key attribute of new paradigm manufacturing. To increase the acceptance of new paradigms performance evaluation methods should be developed.5. Virtual/extended enterprise issuesThe extended enterprise is an expression of the market-driven requirement to embrace external resources in the enterprise without owning them. Core business focus is the route to excellence but product/service delivery requires the amalgam of multiple world-class capabilities. Changing markets require a fluctuating mix of resources. The extended enterprises which can be likened to the ultimate customisable, reconfigurable, manufacturing resource is the goal. The operation of the extended enterprise requires take up of communications and database technologies that are near to the current state of the art. However, the main challenge is organisational rather than technological.Research and development opportunities in this area are:- methodologies to determine and support information processes and logistics across the value chain in the extended enterprise,- architecture (business, functional and technical) to support engineering cooperation across the value chain, e.g., concurrent engineering across the extended enterprise,- methods and approaches to assign cost/liability/risk and reward to elements of the extended enterprise,- team working across individual units within the extended enterprise.Technical themes in Appendix 3 as may be amended from time to time by the IMS International Steering Committee- Scientific and technical merit- Adoption, commercialisation and exploitation potential- The IMS International Steering Committee shall assess compliance with the IPR provisions in Technical Appendix 1- Value-added.2. Consortium SELECTION Criteria- Inter-Regional DISTRIBUTION OF PARTNERS. Consortium partners must be from at least three participants. Partners from applicant Regions may participate in consortia on a case-by-case basis.- Balanced Contributions and Benefits. The consortium partners will show how the contributions to, and the benefits from, participation are equitable and balanced. To this end, partners' contributions to the project should be identified by scale and scope.- Inter-regional leadership. The inter-regional consortium must appoint an international coordinating partner for the consortium to carry out the duties described in Section B above.- Dissemination of results. The consortium must commit to and submit a plan to disseminate project results, including the lessons learned in forming and managing IMS consortium, and non-proprietary technical results permitted by the IPR provisions.3. Project endorsementThe project endorsement process consists of three stages. The IMS International Steering Committee and Inter-Regional Secretariat will endeavour to move the entire endorsement process expeditiously.- Project abstract evaluation. The consortium must submit an abstract of the planned research. This abstract shall be submitted to the Regional Secretariats for initial regional reviews. Each delegation will make a recommendation to the International IMS Steering Committee. Proposers of unapproved projects will be given feedback as to why they did not receive support.- Full proposal evaluation. The consortium must submit a final proposal using a standardised format for detailed evaluation by all regions. The final proposal shall include the formal commitment of each partner to the principles, the structure and the IPR provisions of the IMS scheme, and will include a signed consortium cooperation agreement.- Final endorsement. Final endorsement will be made by the IMS International Steering Committee based on the regional recommendations and the submitted proposals.F. Project reviewThe IMS International Steering Committee, through the Inter-Regional Secretariat, will monitor and review progress regularly. To facilitate this, each consortium will submit an annual summary report, in a standardised format, to the IMS International Steering Committee.Any region may review progress of partner(s) from its region at any time as it sees fit.Technical Appendix 8Role of IMS vis-à-vis small and medium-sized enterprises (SMEs), universities and government research institutesAll regions should consider activities such as:A. Clear and well documented advice on IPR issues.B. A "road map" of existing constraints in law or custom in the participants' territories, and their practical implications.C. Help desks for answering simple queries.D. An electronic partner search facility specifically oriented to SMEs.E. An electronic register of "expressions of interest" by SMEs, which are looking for opportunities to join existing or emerging project clusters.F. An ongoing "case-book" of IMS experiences with donations from project teams.G. Dissemination events specifically geared to various SME sectors.The list is not exhaustive, and research should continue alongside the evolving scheme, to monitor the participation of SMEs, and to identify further needs.The items listed above also are useful for encouraging the participating of universities and government research institutes. Harnessing the educational role of universities in dissemination of results of research through to the next generation of practitioners is necessary.B. Carta da AustráliaExcelência,Tenho a honra de me referir à carta de Vossa Excelência de ..., do seguinte teor:"Reporto-me ao Acordo relativo a actividades de investigação e desenvolvimento no domínio dos sistemas inteligentes de fabrico (IMS) concluído em 1997 e 2001, respectivamente, entre a Comunidade Europeia e a Austrália, o Canadá, os Estados membros da EFTA Noruega e Suíça, a Coreia, o Japão e os Estados Unidos da América.O objectivo da presente carta é estabelecer o entendimento comum obtido sobre a renovação e alteração do referido Acordo de cooperação, tal como exposto nas especificações técnicas apensas à presente carta.As regiões participantes trabalharão em cooperação no sentido de impulsionar a competitividade industrial, resolver problemas que se colocam a nível mundial no domínio do fabrico e each of the following provisions in their COOPERATION AGREEMENT:- AFFILIATE PROVISIONS,- ANTITRUST/COMPETITION LAW ISSUES,- CANCELLATION AND TERMINATION,- EMPLOYER/EMPLOYEE RELATIONSHIPS,- EXPORT CONTROLS AND COMPLIANCE,- FIELD OF THE AGREEMENT,- INTENT OF THE PARTIES,- LICENSING PARTNERS IN OTHER PROJECTS,- LICENSOR'S LIABILITY ARISING FROM LICENSEE'S USE OF LICENSED TECHNOLOGY,- LOANED OR ASSIGNED EMPLOYEES AND RESULTING RIGHTS,- NEW PARTNERS AND WITHDRAWAL OF PARTNERS FROM PROJECTS,- POST COOPERATION AGREEMENT BACKGROUND,- PROTECTION, USE AND NON-DISCLOSURE OBLIGATIONS REGARDING CONFIDENTIAL INFORMATION,- RESIDUAL INFORMATION,- ROYALTY RATES FOR BACKGROUND RIGHT LICENSES,- SOFTWARE SOURCE CODE,- TAXATION,- TERM/DURATION OF AGREEMENT.There are likely to be other provisions the PARTNERS will need to put into their COOPERATION AGREEMENTS depending on the particular circumstances of their PROJECT. PARTNERS should seek their own expert advice on this and note that no additional terms may conflict with Articles 1 and 2 of these provisions.Technical Appendix 1.AConvention establishing the World Intellectual Property Organisation (Stockholm, 14 July 1967)Article 2(viii) defines Intellectual Property to include:"… the rights to literary, artistic and scientific works; performances of performing artists; phonograms, and broadcasts; inventions in all fields of human endeavour; scientific discoveries; industrial designs; trade marks, service marks, and commercial names and designations; protection against unfair competition; and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields."Technical Appendix 2Financial accountability and principles for setting up and executing the IRS budgetISC and IRS members should avoid conflicts of interest in so far as decisions relating to the IRS budget are concerned.All revenue and expenditures must be incorporated in a single set of accounts [1] to be approved by the ISC.The balance between revenue and expenditure must be respected at all times [2].The budget shall be annual with exceptional carry-overs [3].There should be no transfers of appropriations between line items of budget expenditure, unless formally approved by the ISC.All revenues shall constitute a common pool [4].All expenditures shall be reasonable, justified and in accordance with the principles of sound financial management.The IRS shall respond to all reasonable requests to report on its financial activities.Regional contributions shall be based on fair principles, and will be paid in accordance with a defined schedule subject to late fees. Regional contributions will be based on the approved IRS budget and will be structured in different tiers, related directly to the size and level of development of each participant's economy. The Initial participants will be allocated in two tiers as follows:- Tier 1: European Union and Norway, Japan, United States,- Tier 2: Australia, Canada, Korea, Switzerland.The maximum amounts for the contributions will be CAD 200000 or equivalent per annum for Tier 1; and CAD 125000 or equivalent per annum for Tier 2.The foregoing principles shall be incorporated in a document on IRS operational guidelines.Technical Appendix 3IMS technical themesIn general, any project that addresses the IMS Scheme objectives as set forth in these terms of reference is considered an appropriate topic for an IMS Project. IMS projects might also address one or more of the following technical themes:1. Total product life cycle issues- Future general models of manufacturing systems. Examples for that theme are the proposals of "agile manufacturing", "fractal factory", "bionic manufacturing", "holistic enterprise integration", etc.- Intelligent communication network systems for information processes in manufacturing. To understand the productivity of global distribution and global sourcing, the communication networks and tools and their applications have to be improved.- Environment protection, minimum use of energy and materials. Environment, energy and materials questions have reached a complexity that can only be handled via cooperation with a variety of specialists. Due to the fact that the conditions in that field are very different in different regions a common understanding and harmonised views for the response of manufacturing technologies to environment protection are necessary.- New ideas and methods for recyclability that are globally accepted should be developed under the IMS umbrella.Harmonised assessment and economic justification models for new manufacturing systems.2. Process issuesTo enable the needs for rapid response to changing requirements and to saving human and material resources and to improving working conditions for employees the following themes can be identified.- Clean manufacturing processes that can minimise effects on environment. Process emission minimised systems. Process disposal minimised systems.- Factory (process) life-cycle pre-assessed systems.Minimum consumption of energy. Energy efficient processes that can meet manufacturing requirements with minimum consumption of energy.