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
IMS International Steering CommitteeThe IMS International Steering Committee will oversee the IMS scheme. Members must be eminent representatives of the participants' industrial, academic, or governmental/public administration sectors who are knowledgeable in manufacturing issues. Members must be willing and able to devote the necessary time and effort involved in guiding the IMS scheme.6.1.2. Composition. Two members and one observer from each participant will normally comprise a participant's delegation.Selection of delegation members is at the discretion of each participant, in accordance with the appropriate laws and provisions of their respective participant governments/public administrations. Designation of alternate delegation members is recommended, but not mandatory.Each delegation will have a head of delegation who will serve as the chief spokesperson for the delegation. Selection of the head of delegation is at the discretion of each participant, in accordance with the appropriate laws and provisions of their respective participant governments/public administrations.Each participant's delegation to the meetings of the IMS International Steering Committee may be accompanied by two representatives from its designated Regional Secretariat. Additional attendance is at the discretion of the chair of the IMS International Steering Committee.6.1.3. Consensus. The IMS International Steering Committee will reach decisions by consensus of its members.6.1.4. Chair. The chair of the IMS International Steering Committee will rotate among the participants and will be decided by the IMS International Steering Committee. The term of each chair will last for 30 months. During the term when a participant chairs, that participant also is responsible for organising the Inter-Regional Secretariat. The participant which is to take the following term will serve as vice chair.6.1.5. Responsibilities. The IMS International Steering Committee will determine policies and strategies for undertaking, and for the evolution of, the IMS scheme, including the matter of new participants. It will also:- provide overall guidance, set strategic priorities, review, amend, and update Technical Appendices 3, 4, 5, 7, and 8 and additional Technical Appendices within the scope of these terms of reference, and oversee the implementation of IMS,- oversee the Inter-Regional Secretariat and approve its budget,- provide international promotion for IMS and for manufacturing as a generic discipline,- endorse projects as provided in Section 10,- set performance metrics of the scheme and provide a regular report in respect of same,- ensure activities undertaken under this scheme are done in a manner consistent with the purpose, principles and structure agreed upon by the participants,- foster communication among the International IMS Steering Committee, the Inter-Regional Secretariats, and the project consortium members,- sponsor and approve new IMS documents, and- form interim task forces or committees (e.g., for technical or legal issues), if necessary, to accomplish its work.6.2. Inter-Regional SecretariatThe participant that chairs the International Steering Committee will be responsible for organising and managing the Inter-Regional Secretariat. The Inter-Regional Secretariat's primary role is to execute the policies and actions as decided by the IMS International Steering Committee. The responsibilities of the IMS Inter-Regional Secretariat are listed in Technical Appendix 4.6.3. Regional SecretariatsThe governments/public administrations and public organisations of the participants will organise and manage their respective Regional Secretariats in a manner they see fit. The responsibilities of the IMS Regional Secretariat are listed in Technical Appendix 5.7. TRANSITION TO AND COMMENCEMENT OF THE IMS SCHEME7.1. TransitionIt is the intention of the participants that IMS projects endorsed under the original scheme should be considered to be continued to be endorsed by the current ISC and its successor upon commencement of the new IMS scheme. Other IMS activities, including processing of applications to become a participant, shall continue without interruption.7.2. CommencementThe IMS scheme will commence upon:- the ratification of the Terms of Reference for the IMS Scheme by at least three (3) participants. participants under the pre-existing IMS Scheme become new participants under this scheme when they ratify these Terms of Reference;- the appointment of the members to the IMS International Steering Committee; and,- the designation of the Regional Secretariats.8. DURATION OF THE IMS SCHEMEparticipants will review the scheme every five years to determine whether it should be continued, modified or terminated. A participant may withdraw at any time subject to 12 months' notice to other participants.9. ADMISSION OF NEW PARTICIPANTSThe IMS International Steering Committee can admit new participants. The procedures for admission of new participants are set forth in Technical Appendix 6.10. FORMATION AND EVALUATION OF PROJECT CONSORTIA AND OTHER COLLABORATIVE INSTRUMENTSThe IMS International Steering Committee shall have the authority to set the procedures for: (i) project consortia and formation, evaluation and review; these procedures in Technical Appendix 6.10. FORMATION AND EVALUATION OF PROJECT CONSORTIA AND OTHER COLLABORATIVE INSTRUMENTSThe IMS International Steering Committee shall have the authority to set the procedures for: (i) project consortia and formation, evaluation and review; these procedures are set forth in Technical Appendix 7; and (ii) other collaborative instruments within the scope of these Terms of Reference.11. SMALL AND MEDIUM-SIZED ENTERPRISESThe participants individually and the IMS International Steering Committee will develop mechanisms to enlist SMEs directly and indirectly in the IMS scheme. A representative list of these mechanisms is in Technical Appendix 8.12. DISSEMINATION OF RESULTSDissemination of information is of the utmost importance and is required in the IMS scheme. However, all information dissemination must comply with the intellectual property rights provisions in Technical Appendix 1. This includes the dissemination of interim and final project technical results.Information dissemination will occur at the project, regional and inter-regional levels. This dissemination shall be, but not limited to, written reports, international symposia, and publications by members of the academic sector.Technical Appendix 1Intellectual property rights provisions for research and development projectsOBJECTIVESThese provisions lay down mandatory requirements as well as recommended principles for PARTNERS which wish to participate in a PROJECT conducted within the Intelligent Manufacturing Systems Scheme (IMS SCHEME). The objectives of these provisions are to provide adequate protection for intellectual property rights used in and generated during joint research and development PROJECTS under the IMS SCHEME while ensuring:- that contributions and benefits by PARTICIPANTS, from cooperation in such PROJECTS, are equitable and balanced,- that the proper balance is struck between the need for flexibility in PARTNERS' negotiations and the need for uniformity of procedure among PROJECTS and among PARTNERS, and- that the results of the research will be shared by the PARTNERS through a process that protects and equitably allocates any intellectual property rights created or furnished during the cooperation.Article 1Definitions1.1. ACCOUNTING. The sharing of any consideration such as royalties or other license fees by one PARTNER with another PARTNER when the first PARTNER which solely or jointly owns FOREGROUND discloses, licenses or assigns it to a third party.1.2. AFFILIATE. Any legal entity directly or indirectly owned or controlled by, or owning or controlling, or under the same ownership or control as, any PARTNER. Common ownership or control through government does not in itself create AFFILIATE status.Ownership or control shall exist through the direct or indirect:- ownership of more than 50 % of the nominal value of the issued equity share capital, or- ownership of more than 50 % of the shares entitling the holders to vote for the election of directors or persons performing similar functions, or right by any other means to elect or appoint directors, or persons performing similar functions, who have a majority vote, or,- ownership of 50 % of the shares, and the right to control management or operation of the company through contractual provisions.1.3. BACKGROUND: All information and INTELLECTUAL PROPERTY RIGHTS except BACKGROUND RIGHTS owned or controlled by a PARTNER or its AFFILIATE and which are not FOREGROUND.1.4. BACKGROUND RIGHTS: Patents for inventions and design and utility models, and applications therefor as soon as made public, owned or controlled by a PARTNER or its AFFILIATES, a license for which is necessary for the work in a PROJECT or for the commercial exploitation of FOREGROUND, and which are not FOREGROUND.1.5. CONFIDENTIAL INFORMATION: All information which is not made generally available and which is only made available in confidence by law or under written confidentiality agreements.1.6. CONSORTIUM: Three or more GROUPS which have agreed to carry out jointly a PROJECT.1.7. COOPERATION AGREEMENT: The one or more signed agreements among all PARTNERS in a CONSORTIUM concerning the conduct of the PROJECT.1.8. FOREGROUND: All information and INTELLECTUAL PROPERTY RIGHTS first created, conceived, invented or developed in the course of work in a PROJECT.1.9. GROUP: All PARTNERS in a given PROJECT from the geographic area of a PART ICIPANT.1.10. IMS SCHEME: The Intelligent Manufacturing Systems Scheme.1.11. INTELLECTUAL PROPERTY RIGHTS: 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 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 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 da NoruegaE. Carta da SuíçaExcelência,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