MEMORANDUM OF UNDERSTANDING
BETWEEN
THE STATE INTELLECTUAL PROPERTY OFFICE OF THE PEOPLE'S REPUBLIC OF CHINA
AND
THE ISRAEL MINISTRY OF JUSTICEON COOPERATION IN THE FIELD OF INTELLECTUAL PROPERTY
The State Intellectual Property Office of the People’s Republic of China and the Ministry of Justice of the State of Israel (hereinafter as “Sides”),
In order to strengthenthe cooperation between the Sides,
Recognizing the importance of promoting cooperation in the field of IntellectualProperty (hereinafter as “IP”) for enhancing the economic, trade, science and technology relations between the People’s Republic of China and the State of Israel,
Desiring to further strengthen the bilateral friendship and cooperation,
Based onthe relevant agreements between China and Israel, including but not limited to, the Memorandum of Understanding between the Government of the People’s Republic of China and the Government of the State of Israel on Establishment of China-Israel Joint Committee on Innovation Cooperation signed on 19 May 2014 (hereinafter referred to as the “JCIC MOU”) and the Three-year Action Plan on China-Israel Innovation Cooperation For the Years 2015-2017 between the Government of the People’s Republic of China (hereinafter referred to as “China”) and the Government of the State of Israel (hereinafter referred to as “Israel”) signed on 29 January 2015 (hereinafter referred to as the “Three-year Action Plan”);
Recalling the Working Plan on China-Israel Innovation Cooperation in the Field of Intellectual Property (Industrial Property) for The Years 2015-2017 Between the State Intellectual Property Office of the People’s Republic of China and the Israel Patent Office;
Having in mind the Declaration of Intent between the State Intellectual Property Office of the People’s Republic of China and the Israel Patent Office in the field of Intellectual Property signed on July 7th 2010 and the Joint Statement of Intent between the State Intellectual Property Office of the People’s Republic of China and the Israel Patent Office to Cooperate in the Field of Patent Prosecution;
Wishing to replace the Declaration of Intent between the State Intellectual Property Office of the People’s Republic of China and the Israel Patent Office in the field of Industrial Property signed on July 7th 2010;
Have agreed as follows:
ARTICLE 1
The objective of this Memorandum of Understanding (hereinafter – MOU) is to providean overall frameworkunder,but not limited to, the JCIC MOU for the bilateral cooperationin the field of intellectual property. Under the said framework, the Sideswillstrive tostrengthen their communication and cooperationin the field of IP.
ARTICLE 2
The cooperation of the Sides will cover:
1.Establishment of periodic meetings ofHeads of Intellectual and Industrial Property IP Departments from the respective Sides.
Such mechanism will enable theSides to brief each other on the latest developments and exchange views on IP strategies, legislationas well as other important international issues commonly concerned in the field of IP.
Any exchange of information is subject to the respective legislation, rules and procedures applying to each Side.
2. Exchange of information and experiences in the field of IP, including best practices relating to examination and registration procedures, seminars and continuing education programs in IP for practitioners and the public, transfer and management of technologies involvingintellectual property rights,including those owned or developedbygovernmental or non-governmental institutions and individuals,
3. Exchange ofinformation and experiencein the field of protection and enforcement ofIntellectual Property Rights.
4. Exchange of views in the field of examiner training including exchange studies involving examiners and or other government employed persons involved in Intellectual Property Rights of a Side.
5. Cooperation in the field of examination of patents and designs to provide quality and convenient services to applicantsof the Sides.
6. Exchange of experiencein the fieldof patent office information systems and databases.
7. Other matters mutually decided upon by the two Sides.
ARTICLE 3
This MOU is concluded with a view to enhancing and developing cooperation between the Sides and does not constitute an agreement binding upon the States of the Sidesunder international law. No provision of this MOU shall be interpreted and implemented as creating legal rights or commitments for the States of the Sides or for the Sides themselves.
Activities under this MOU shall besubject to the availability of resources and budget of theSides.
In all matters relating to this MOU each Side shall bear its own expenses unless the Sides agree otherwise.
Any activity carried out pursuant to this MOU shall be done in accordance with the respective applicable laws, regulations and procedures of the Sides and shall be compatible with the international obligations of the States of the Sides.
ARTICLE 4
The competent authorities responsible for theimplementation of this MOUare:
From China - the State Intellectual Property Office of China; and
From Israel-the Israel Ministry of Justice
ARTICLE 5
- This MOU shall become effective when signed by the representatives of both Sidesand will be in effect for a period five (5) years.Thereafter, it shall be extended automatically for additional periods of five (5) years each.
- This Memorandum may be modified at any time by mutual agreement between the Sides.
- Either Side may notify the other Side of its intention to terminate this MOU by giving a six (6) months prior notice in writing.
- Such termination shall not affect the ongoing activities undertaken prior to termination, unless otherwise agreed upon by the Sides.
- This MOU shall hereby replace the Declaration of Intent between the State Intellectual Property Office of the People’s Republic of China and the Israel Patent Office in the field of IndustrialProperty signed on July 7th 2010.
ARTICLE 6
Any disagreement between the Sides arisingfrom the interpretation, implementation or application of anyof the provisions of this MOU willbe settled amicably through mutual consultation ornegotiation of the Sides through diplomaticchannels, without reference to any third party or internationaltribunal.
This Memorandumis signed in Beijing on March 21, 2017 in two originals in English, both being equally authentic.
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