Selanjutnya
MEMORANDUM OF UNDERSTANDING
BE'IWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF AUSTRALIA
RELATING TO
THE WOMEN'S HEALTH AND FAl\filY PLANNING PROJECT IN INDONESIA
1.
GENERAL
This Memorandum expresses the understandings of the Government of the Republic of Indonesia
and the Government of Australia concerning the responsibilities and contributions of the two
Governments in regard to the Women's Health and Family Planning Project (hereafter referred to
as the Project). The Project is intended to contribute, over a period of three years, to strengthening
Government of Indonesia technical capacity to decrease maternal and neonatal mortality rates and
to enhance the quality of reproductive health care services in Nusa Tenggara Timur and Nusa
Tenggara Barat as further described and detailed in Annex I of this Memorandum (hereafter
referred to as the Project Activities). Subject to both Governments' satisfaction with the progress
and achievements of the Project after three years, the Project may then be extended for a further
three year phase.
2.
EXECUTING AGENCIES
The Executing Agencies for the Project will be:
For the Government of the Republic of ｉｮ､ｯ･ｳｩ｡ｾ＠
The National Family Planning Coordinating Board (BKKBN) and the Department of Health
(DEPKES)
For the Government of Australia;
The Australian Agency for International Development of the Department of Foreign Affairs and
Trade (AusAID).
AusAID may engage suitably qualified persons, organisations or corporations to undertake any
part of its obligations under this Memorandum.
3.
DEFINITIONS
In this Memorandum:
(a)
"Activity" means any activity established co-operatively in relation to any or all of
the components of the Project described in Annex I;
1
(b)
"Australian Project personnel" means Australian nationals or permanent residents
or other persons who are not nationals or permanent residents of Indonesia who are
working in Indonesia on an Activity under this Memorandum and whose salaries or
other costs are funded from the contribution of the Government of Australia to the
Project;
(c)
"Australian firm 11 means Australian or other non-Indonesian firms, organisations,
institutions, or executing agencies engaged in an Activity under this Memorandum;
(d)
"Australian Project supplies" means equipment, material, and other goods supplied
for the execution of Activities under this Memorandum, the cost of which is funded
from the contribution of the Government of Australia to the Activity;
( e)
"Dependant" means a spouse of a member of the Australian Project personnel and
the child of a member of the Australian Project personnel who is:
(i)
under twenty-one years of age, or
(ii)
twenty-one years of age or older and dependant on the member of the
Australian Project Personnel for support by reason of mental or physical
incapability.
The dependant referred to above shall be certified as such by the Australian
Embassy in the Republic of Indonesia;
(f)
"Intellectual Property" shall have the meaning provided for in Article 2 of the
Convention establishing the World Intellectual Property Organization, done at
Stockholm, 14 July 1967, and shall include all rights relating to plant varieties,
confidential information, circuit layouts and semi-conductor chip products,
unregistered trade marks and service marks;
(g)
"Background Intellectual Property" means Intellectual Property that has been
developed independently of the Project and that is made available by one of the
Participants for use in the Project;
(h)
"Foreground Intellectual Property" means Intellectual Property created in, or as a
direct result of, any Activity occurring under the Project;
(i)
"Implementing Arrangements" means the special arrangements for Intellectual
Property concluded in accordance with Clause 9 of this Memorandum;
(j)
11
,,.-.
Participant" means any natural person or legal entity participating in an Activity
under this Memorandum, including the Government of Australia and the
Government of the Republic of Indonesia;
2
4.
(k)
"Personal and Household effects'' means equipment and other goods imported by
members of the Australian Project personnel for the personal use of Australian
Project personnel or their Dependants; and
(1)
"Project" means a self-contained Activity based on a mutually approved design and
involving the provision of Australian and Indonesian services and supplies.
MANAGEMENT
Responsibility for oversight of the Project will be vested in an Australia Indonesia Project
Coordinating Committee, whose membership will be comprised of Government of Indonesia and
Government of Australia appointees. The Government of Indonesia will appoint the chairperson
of the Committee, and will also nominate as Committee members national and provincial
representatives of the National Development Planning Board (BAPPENAS), the Regional
Development Planning Board (BAPPEDA), BKKBN and DEPKES. The Government of Australia
will appoint as Committee members the Australian Team Leader and a representative of the
Australian Government. The Committee will meet not less than twice a year. Its functions will
include:
5.
(a)
monitoring Project implementation through visits and reports; and
(b)
advising the two Governments on Project progress, and recommending to the
Governments changes in the Project components, budget and/or future directions.
CONTRIBUTIONS
The contribution of the Government of Australia is detailed in Annex III and is estimated at
A$7.464 million over three years. The contribution of the Government of Indonesia is detailed in
Annex IV and is estimated at 1,403 million Rupiah over three years) of which the contribution of
DEPKES is estimated at 874 million Rupiah and the contribution ofBKKBN is estimated at 529
million Rupiah. Disbursement of Government of Indonesia and Government of Australia
contributions will be subject to annual budget appropriations.
6.
FACILITATION
The Government of Indonesia will provide personnel and facilities necessary to enable Australian
Project personnel to efficiently and economically carry out the Project Activities. Without
limiting the generality of this paragraph the Government oflndonesia will provide:
(a)
appropriate offices and work facilities in accordance with local standards as well as
unclassified documentation related to the Project; and
(b)
appropriate approvals and authorities relating to the Project Activities.
3
7.
EVALUATION
An evaluation of progress of the Project may be made at times arranged between, and mutually
Such an evaluation would be undertaken by a joint
convenient to, both Governments.
investigation team appointed by the two Governments and independent of staff involved in the
Project.
8.
SUPPLIES
At completion of the Project, subject to paragraph 9 below, all Australian project supplies will
become the property of the Government of Indonesia.
9.
INTELLECTUAL PROPERTY
a.
Unless the two Governments otherwise decide, Activities shall be conducted in accordance
with Implementing Arrangements which address the matters in this Article and in Annex
V.
b.
Implementing Arrangements shall provide for the protection of Background Intellectual
Property and Foreground Intellectual Property.
c.
The Government of Indonesia and the Government of Australia shall use their best
endeavours to ensure that the Participants shall be entitled to any Foreground Intellectual
Property in accordance with the provisions specified in the Implementing Arrangements
which shall be developed taking into account:
r'·
d.
(i)
the intellectual contributions of each Participant;
(ii)
the financial contributions of each Participant;
(iii)
the contributions of Background Intellectual Property, materials, research effort and
preparatory work of each Participant;
(iv)
the facilities provided by each Participant;
(v)
legal
(vi)
objects of study and research activities; and
(vii)
such other relevant considerations as the Participants may agree upon.
｣ｯｮｳｩ､･ｲ｡ｴｾ＠
Implementing Arrangements shall include provision for checking for and protection
against infringement of Intellectual Property rights of third parties.
4
e.
Unless the Government of Indonesia and the Government of Australia otherwise decide,
Implementing Arrangements shall be legally binding documents.
f.
The Government of Indonesia and the Government of Australia shall use their best
endeavours to ensure that prospective Participants in the Project enter into a confidentiality
deed with each other before they exchange information about their Intellectual Property.
10.
PUBLIC CHARGES
The Government of the Republic of Indonesia shall ensure that Australian development
cooperation funds are not used to pay any taxes, customs duties or any other levies imposed by the
Government of the Republic of Indonesia, on any goods, materials, equipment, vehicles and
services purchased or acquired for, or related to, the execution of an Activity being carried out
under this Memorandum in the Republic of Indonesia.
11.
CLAIMS
The Government of the Republic of Indonesia shall be responsib le for dealing with any claims
which may be brought by third parties against the Government of Australia, Australian Project
personnel or Australian firms and shall hold harmless the Government of Australia, Australian
Project personnel and Australian firms in case of any claims or liabilities resulting from this
Memorandum. This provision will not relieve any person or entity from liability from a criminal
act, gross negligence, or wilful misconduct on the part of that person or entity.
12.
CLAIMS ARJSING FROM SHORT TERM ATTACHMENTS IN AUSTRALIA
a.
The Government of Australia undertakes to assume full responsibility for claims arising
from the conduct of Government of Indonesia personnel while they are in Australia on short term
attachments under this Memorandum.
b.
In return for the Government of Australia's undertaking in paragraph (a), the Government
of Indonesia undertakes to indemnify the Government of Australia against reasonable payments
made and all costs, damages and expenses incurred by it as a result of any claims which may be
brought against such Government of Indonesia personnel or the Government of Australia, its
officers or servants by any third party arising from the conduct of such Government of Indonesia
personnel in Australia pursuant to this Memorandum.
c.
Paragraphs (a) and (b) shall not apply where the liability results from a criminal act, gross
negligence or wilful misconduct on the part of that person.
13.
INCOME TAX
The income tax liab ility of Australian firms and Australian Project personnel shall be borne by the
Government of the Republic of Indonesia.
5
14.
PERSONNEL
The Government of the Republic of Indonesia shall, in accordance with Law Number 7 of 1983 on
Income Tax (as amended by Law Number I 0 of 1994), Government Regulation Number 19 of
1955 and their implementing regulations each as at the date of entry into force of this
Memorandum:
15.
(a)
exempt Australian firms and Australian Project personnel from, or bear the costs of,
import duties and other taxes imposed by the Government of the Republic of Indonesia
on taxable goods and services or import of taxable goods for, or related to, the
execution of Activities under this Memorandum; and
(b)
exempt Australian Project personnel from the payment of custom duties, excise duties
and other taxes in respect of bona fide Personal and Household effects brought into the
Republic of Indonesia within six months of his or her first arrival in the Republic of
Indonesia for their own use or the use of their dependants. In the event of theft, fire or
other destruction, the exemptions under this paragraph may be re-exercised at any time
during the assignment of the Australian Project personnel. Australian Project
personnel may purchase duty free items provided that such purchases shall be made
from duty free stores.
MOTOR VEHICLES FOR PERSONAL USE
a.
The Government of the Republic of Indonesia shall, in accordance with Government
Regulation Number 19 of 1955 and its implementing regulations each as at the date of entry into
force of this Memorandum, exempt from, or bear the cost of, customs duties and other taxes in
respect of one locally assembled motor vehicle purchased for an Australian Project personnel's
personal use provided that:
(i)
the Australian Project personnel is assigned in Indonesia for at least twelve (12)
months consecutively;
(ii)
such motor vehicle is purchased locally within the period of six (6) months from the
date of his/her first arrival in the Republic of Indonesia; and
(iii)
upon completion of his/her assignment, the motor vehicle is disposed of in Indonesia
either to a person who has the same privileges or to the agent authorised by the
Government of the Republic of Indonesia.
'
b.
In the event of fire, theft, damage or destruction, the exemptions under this Clause may be
re-exercised provided the remaining assignment of the Australian Project personnel is for at least
eight (8) months.
6
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16.
TRANSPARENCY OF LAWS
The Government of the Republic of Indonesia shall, upon request, inform Australian firms and
Australian Proj ect personnel of local laws and regulations which may concern them in the
performance of their duties. The Government of the Republic of Indonesia shall notify the
Government of Australia of any changes in its law and regulations and shall inform the
Government of Australia of the application of such changes. If either Government considers it
appropriate, the two Governments shall consult to find a mutually acceptable solution concerning
such changes.
17.
, ,-.
EQUALITY OF TREATMENT
Australian firms, Australian Project personnel and their Dependants shall be accorded no lesser
benefits, privileges and exemptions than those accorded to other non-Indonesian firms or nationals
under any other bilateral arrangement for development cooperation.
18.
SECURITY
The Government of the Republic of Indonesia shall arrange for protective services necessary to
ensure the safety of:
19.
(a)
the Australian Project personnel, their Dependants, their property; and
(b)
Australian project supplies.
SETTLEMENT OF DIFFERENCES
Differences which may arise relating to the interpretation or application of the provisions of this
Memorandum shall be settled by means of negotiations between the Government of the Republic
of Indonesia and the Government of Australia or in any other manner mutually agreed upon.
20.
AMENDMENTS
Amendments to this Memorandum may be made at any time by an arrangement m writing
between the two Governments.
21.
ENTRY INTO FORCE AND DURATION
This Memorandum will take effect from the date of its signature and the Project will be deemed to
have commenced from that date. The Australian contribution to the Project and all undertakings
given herein will cease six years after the date of commencement of the Project or on such other
date as may subsequently be arranged between the two Governments.
7
....
'
ANNEXURES to this Memorandum form an integral part of it.
IN WITNESS WHEREOF, the undersigned being duly authorized thereto by their respective
Governments, have signed the present Memorandum of Understanding.
on this ｴｾ･ｵｙ＠
ｾｦｩＨ･［＠
day of S"c:yteut ｾ･ＺｩｹＭ
in the
Done in duplicate at ｊｴｩｬｾ＠
year of one thousand nine hundred ninety five, in 2 (two) originals in English language, both of
texts being equally authentic
FOR THE GOVERNMENT
OF AUSTRALIA
FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA
Signed
Signed
Signed
SUJUDI
FrARYONOSUYONO
STATE MINISTER FOR
MINISTER OF
POPULAT ION/CHAIRMAN OF
NATIONAL FAMILY
PLANNING COORDINATING
BOARD
A.R.TAYLOR
AMBASSADOR
MINISTER OF HEALTH
8
Annex l
Page 1
DESCRIPTION PROJECT ACTIVITIES
BACKGROUND
1.
The Government of the Republic of Indonesia gives high priority to reducing
Indonesia's maternal and infant mortality rates by reducing the risk and improving
the management of obstetric emergencies, and to promoting women's health and
family wellbeing through increased access to family planning services which
emphasise quality of care by trained providers, participation on the basis of
informed free choice, an appropriate range of contraceptive options and community
participation in the planning and management of services.
2.
Despite significant national improvements in the last 20 years, maternal and infant
mortality rates remain relatively high in the eastern Indonesian provinces of Nusa
Tenggara Timur and Nusa Tenggara ｂ｡ｲｾ＠
where maternal mortality is estimated
at up to 750 per 100,000 live births (compared to the Indonesian national average
of 425) and infant mortality at up to 93 per 1,000 live births (compared with the
national average of 71 ). This situation, combined with the traditional high fertility
rates in the eastern provinces, has resulted in the urgent need for positive
intervention on behalf of the health and welfare of women and their families in the
eastern provinces.
3.
To meet these needs, the Government of Indonesia, through the Department of
Health (DEPKES), is implementing the Safe Motherhood Plan of Action to
strengthen the effectiveness of women's reproductive health care services. The
Government of Indonesia, through BKKBN, is implementing national policies to
promote safe, voluntary and accessible family planning services based on the
principle of a small, prosperous and self-reliant family.
4.
The Women's Health and Family Planning Project aims to assist the Government of
Indonesia to enhance the quality and coverage of reproductive health care and
family planning services in the provinces ofNusa Tenggara Timur and Nusa
Tenggara Barat, to assist women to take informed decisions about their health,
fertility and family size, and to develop cost-effective approaches to strengthening
existing Government of Indonesia programs which may also be useful for
improving these programs in other areas of Indonesia.
5.
The Project recognises the important complementary roles and objectives of
BKKBN and DEPKES in relation to women's reproductive health and fertility, and
provides for their participation in Project Activities as joint Government of
Indonesia executing agencies. Project Activities and management arrangements
will seek to enhance collaboration between the two Government of Indonesia
executing agencies.
9
Annex I
Page2
6.
To ensure that the Project can effectively demonstrate the benefits to women, and
based on the policies of the Government of Indonesia, activities in the project area
to improve and promote reproductive health and family planning services should be
conducted in a manner that fully safeguards voluntary and informed choice, and
any promotional activities in Project target areas that might be interpreted as
coercive will be discouraged.
7.
The Project will support the formation and funding of village women's credit
groups on the understanding that they will be open to all village women in order to
improve women's income status, health awareness (including about pregnancy
problems requiring referral) and family wellbeing.
8.
The Project will include an Inception Stage of nine months, during which the
Project Design will be further developed through needs assessment studies and pilot
activities, to provide a detailed Project Implementation Document (PID). The
Project will be jointly reviewed by Government of Indonesia and Government of
Australia at the end of Year I to ensure that it conforms with the Project objectives
and is likely to meet these objectives.
9.
Subject to satisfactory findings of the review at the end of Year 1, the Project will
target two kabupatens in each of the two provinces. The kabupatens to be assisted
by the Project during the first three years of the Project (Stage 1) are Timor Tengah
Utara and Belu in Nusa Tenggara Timur and Sumbawa Besar and Lombok Barat in
Nusa T enggara Barat. These kabupatens have been determined in consultation
between Government of Indonesia and Government of Australia based on
consideration of where the Project is likely to be most effective in meeting its
objectives.
10.
Extension of the Project for a further three years (Stage 2), which is expected to
target an additional four kabupatens in each of the two provinces, will be subject to
the satisfactory findings of a joint review at the end of Year 3 of the Project.
OBJECTIVES
I.
The goal of the Indonesia Women's Health and Family Planning Project is to
increase the technical capacity of the Government of Indonesia to decrease
maternal and neonatal mortality and enhance the quality of service in women's
reproductive health and family planning programs in the provinces of Nusa
Tenggara Timur and Nusa Tenggara Barat.
2.
The Project design is based on three interrelated components:
(a)
Women's Health
(b)
Family Planning
{r.)
PrniPrt M::in::iaPmPnt
10
Annex I
Pagel
Component 1.
Women's Health
This component seeks to assist with implementation of a Safe Motherhood Plan of Action for
Nusa Tenggara Timur and Nusa Tenggara Barat provinces by improving the management of
obstetric emergencies, labour and cases requiring referral; supporting the training and acceptance
of village midwives; improving the identification and treatment of high risk pregnancies;
improving the quality and quantity of neonatal care; increasing the survival of neonates and
providing information and health education about reproductive health and maternal care. The
Women's Health component also seeks to strengthen the institutional and management capacities
of health agencies and officials at provincial and local levels, by improving the monitoring and
recording of health data, strengthening management skills and systems, and improving the quality
of primary health care management.
Component 2.
Family Planning
This component aims to provide providers' clinical and communication skilJs, to promote the
provision of family planning services based on informed choice and improved knowledge, and to
improve access to family planning information and services in Nusa Tenggara Timur and Nusa
Tenggara Barat. Assistance will be provided for the formation and funding of village women's
credit groups, open to all village women, in order to improve women's income status, health
awareness and family wellbeing. The Family Planning component also seeks to strengthen the
institutional and management capacities of agencies and officials involved in the delivery of
family planning services at provincial and district levels, including through cooperative
arrangements with local health officials providing family planning services.
Component 3.
,r
Project Management
This component will promote effective and efficient Project management, effective
communication and interaction with local communities, monitoring and evaluation, and planning
for the expansion of the Project into further kabupatens in Stage 2.
11
Annex I I
Pagel
MAIN RESPONSIBILITIES
1.
The lead agencies for the Project for the Government of Indonesia will be the National
Family Planning Coordinating Board (BKKBN) and the Department of Health (DEPKES).
2.
Detailed monitoring and coordination of progress in the implementation of the Project will
be undertaken by the Australia Indonesia Project Coordinating Committee (PCC) as
outlined in Clause 4 of this MOU. PCC meetings will be held in Jakarta or any other place
chosen by the Committee at least twice a year or may be convened at any other time by
either Government.
In addition, Provincial Project Management Committees will be established for each of the
two Project provinces (Nusa Tenggara Timur and Nusa Tenggara Barat). Kabupaten
Implementation Units will be established for each of the participating kabupatens.
3.
Australian Project Personnel and Indonesian officials will cooperate in ways consistent
with the achievement of the Project objectives and in the context of the processes and
requirements of the Government of Indonesia.
4.
The Consultant contracted by AusAID on behalf of the Government of Australia will
provide management and technical support to the Project.
12
Annex III
Page 1
AUSTRALIAN GOVERNMENT CONTRIBUTION
1.
The Government of Australia will make contributions to the Project totalling an estimated
A$7.464 million over a three year period. Details of the Government of Australia
contributions are set out below. It should be noted that these contributions, including their
timing, may be subject to change (following consultation with the Government of
Indonesia) during the course of the Project.
Australian Contribution (A$,000)
Phase 1
Year 1
Year2
Year3
TOTAL
Personnel
1 228.1
1 231.4
I 247
3 706.5
Procurement
1 259.8
261.1
43.6
I 564.5
Training
266.9
182.4
152
601.3
Other
878.7
231.6
481.3
1 591.6
3 633.5
1906.5
1 923.9
7 463.9
Total
2.
The contribution of the Government of Australia detailed by type of input is set out below:
Australian Staff
Long Term Staff:
Project Director (in Australia)
Project Director (in Indonesia)
Australian Team Leader (Kupang)
Assistant Team Leader (Mataram)
!EC/Training Specialist (Kupang)
Expert Midwife Educator x 2 (Kupang and Mataram)
Short Term:
Obstetrician Gynaecologist Specialist
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Annex III
Pagel
Indonesian Staff
Long Term:
Indonesian Midwifery Teacher (2 positions)
Indonesian IEC Specialist
Secretaries, drivers, office managers.
Shorl term:
Adult education counselling expert
Provincial specialist obstetrician gynaecologist
Provincial specialist paediatrician
Other Inputs
Vehicles/Motorcycles
Office Equipment and Furniture
IEC Training Equipment/Materials/Visual Aids
Medical Equipment
Radio Telephone
Printing/Workshop Material
Travel & Accommodation Expenses
Workshop Costs
Final Report Production
Appraisal Mission
14
Annex IV
Pagel
INDONESIAN GOVERNMENT CONTRIBUTION
1.
The Government of Indonesia will make contributions totalling Rp 1,403 million over a
three year period. Details of the Government of Indonesia contributions are set out below.
It should be noted that these contributions, including their timing, may be subject to
change (following consultation with the Government of Australia) during the course of the
Project.
2.
Indonesia will provide Indonesian management costs and Project staff allowances, local
Indonesian costs of in-Australia training, vehicle running costs, office utility costs and
contributions towards workshops and meetings.
Indonesian Contribution (Rupiah million)
DEPKES
Year 1
Year2
Year3
TOTAL
Personnel
84.3
73.1
73.1
230.5
Procurement
19.7
21.1
21.1
61.9
Training
8.8
1.8
1.8
12.4
Other
271.4
145.2
152.5
569.1
Total
384.2
241.2
248.5
873.9
Year 1
Year2
Year3
TOTAL
70
70
70
210
Procm·ement
0.83
0.83
0.83
2.49
Training
29.7
21.5
21.5
72.7
Other
67.7
84.2
91.8
243.7
Total
168.23
176.53
184.13
528.89
Pha.ve 1
-
BKKBN
Phase I
Personnel
15
Annex IV
Page2
3.
The contributions of the Government of Indonesia detailed by type of input are set out
below:
Personnel
Project Management Staff
Project Manager (BKKBN)
Project Manager (Depkes)
Kabupaten Implementation Leader (BKKBN)
Kabupaten Implementation Leader (Depkes)
Administration Staff (BKKBN & Depkes)
Drivers (BKKBN & Depkes)
Short Term Specialist Staff
District Obgyn Specialist
District Paediatric Emergency Trainer
Midwife Teacher
IEC Officer
Midwife Supervisors
Field Supervision Staff
Doctor Master Trainers (5 No.)
Midwife Master Trainers (5 No.)
Other Inputs
Obstetric/neonatal care consumables
Recurrent supply of clinical forms, medical textbooks, IEC materials
Vehicle/motorcycle running costs
Per diems for trainees
Training officers honorariums
Workshop costs
Office renovation and utilities.
Printing
Equipment & Consumables Supplies
Travel & accommodation expenses for provincial workshops
16
Annex V
Page 1
PROTECTION, OWNERSHIP AND ALLOCATION OF INTELLECTUAL PROPERTY
BY PARTICIPANTS IN ACTIVITIES UNDER THIS MEMORANDUM
This Annex provides an indication of the Intellectual Property issues that should
be addressed by Participants in the Implementing Arrangements.
1.
2.
Notwithstanding anything stated or implied in this Annex, it is the sole
responsibility of prospective and actual Participants to take all necessary steps,
including obtaining expert professional advice, to ensure that their legal and
commercial positions are adequately protected and to ensure adequate legal and
physical protection for Background Intellectual Property and Foreground Intellectual
Property .
3.
Implementing Arrangements should contain clauses that :
(a)
specify appropriate procedures for checking(i)
(ii)
prior to the commencement of the Project; and
as appropriate during the Activity;
for third party Intellectual Property that might:
be infringed by the Participants while carrying out Activities; or
infringe Intellectual Property created under the Implementing
Arrangement or the subsidiary arrangement;
(b)
(c)
identify each Participant's Background Intellectual Property and:
(i)
the nature of the protection that has been or needs to be, accorded to
that Background Intellectual Property; and
(ii)
the nature of any third party rights restricting the use of Background
Intellectual Property;
specify appropriate procedures for:
(i)
identifying;
17
Annex V
Page2
(ii)
determining ownership of; and
(iii)
protecting;
Foreground Intellectual Property;
(d)
specify appropriate procedures for approving the conditions on which each
Participant may be licensed to use Foreground Intellectual Property for its
own non-commercial purposes (which purposes exclude sub-licensing and
commercial purposes such as manufacturing and having manufactured) and
for commercial purposes;
(e)
specify appropriate clauses allowing a Participant to be licensed to use
another Participant's Background Intellectual Property when it is reason ably
necessary for the commercial use of Foreground Intellectual Property;
(f)
specify appropriate procedures for licensing third parties to use Foreground
Intellectual Property, including where such use requires access to another
Participant's Background Intellectual property and the conditions upon
which a licence to the Background Intellectual Property shall be granted;
(g)
specify appropriate procedures for approval by all the Participants, prior to
disclosure, of the public disclosure of info rmation through publications,
seminars or any other means;
(h)
specify the rights and obligations of visiting researchers involved in the
Activity and particularly in relation to Intellectual Property created by them
during their work in the Project;
(i)
nominate the governing law of the Implementing Arrangement; and
(j)
specify appropriate procedures for the resolution of disputes, including
international commercial arbitration.
18
BE'IWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF AUSTRALIA
RELATING TO
THE WOMEN'S HEALTH AND FAl\filY PLANNING PROJECT IN INDONESIA
1.
GENERAL
This Memorandum expresses the understandings of the Government of the Republic of Indonesia
and the Government of Australia concerning the responsibilities and contributions of the two
Governments in regard to the Women's Health and Family Planning Project (hereafter referred to
as the Project). The Project is intended to contribute, over a period of three years, to strengthening
Government of Indonesia technical capacity to decrease maternal and neonatal mortality rates and
to enhance the quality of reproductive health care services in Nusa Tenggara Timur and Nusa
Tenggara Barat as further described and detailed in Annex I of this Memorandum (hereafter
referred to as the Project Activities). Subject to both Governments' satisfaction with the progress
and achievements of the Project after three years, the Project may then be extended for a further
three year phase.
2.
EXECUTING AGENCIES
The Executing Agencies for the Project will be:
For the Government of the Republic of ｉｮ､ｯ･ｳｩ｡ｾ＠
The National Family Planning Coordinating Board (BKKBN) and the Department of Health
(DEPKES)
For the Government of Australia;
The Australian Agency for International Development of the Department of Foreign Affairs and
Trade (AusAID).
AusAID may engage suitably qualified persons, organisations or corporations to undertake any
part of its obligations under this Memorandum.
3.
DEFINITIONS
In this Memorandum:
(a)
"Activity" means any activity established co-operatively in relation to any or all of
the components of the Project described in Annex I;
1
(b)
"Australian Project personnel" means Australian nationals or permanent residents
or other persons who are not nationals or permanent residents of Indonesia who are
working in Indonesia on an Activity under this Memorandum and whose salaries or
other costs are funded from the contribution of the Government of Australia to the
Project;
(c)
"Australian firm 11 means Australian or other non-Indonesian firms, organisations,
institutions, or executing agencies engaged in an Activity under this Memorandum;
(d)
"Australian Project supplies" means equipment, material, and other goods supplied
for the execution of Activities under this Memorandum, the cost of which is funded
from the contribution of the Government of Australia to the Activity;
( e)
"Dependant" means a spouse of a member of the Australian Project personnel and
the child of a member of the Australian Project personnel who is:
(i)
under twenty-one years of age, or
(ii)
twenty-one years of age or older and dependant on the member of the
Australian Project Personnel for support by reason of mental or physical
incapability.
The dependant referred to above shall be certified as such by the Australian
Embassy in the Republic of Indonesia;
(f)
"Intellectual Property" shall have the meaning provided for in Article 2 of the
Convention establishing the World Intellectual Property Organization, done at
Stockholm, 14 July 1967, and shall include all rights relating to plant varieties,
confidential information, circuit layouts and semi-conductor chip products,
unregistered trade marks and service marks;
(g)
"Background Intellectual Property" means Intellectual Property that has been
developed independently of the Project and that is made available by one of the
Participants for use in the Project;
(h)
"Foreground Intellectual Property" means Intellectual Property created in, or as a
direct result of, any Activity occurring under the Project;
(i)
"Implementing Arrangements" means the special arrangements for Intellectual
Property concluded in accordance with Clause 9 of this Memorandum;
(j)
11
,,.-.
Participant" means any natural person or legal entity participating in an Activity
under this Memorandum, including the Government of Australia and the
Government of the Republic of Indonesia;
2
4.
(k)
"Personal and Household effects'' means equipment and other goods imported by
members of the Australian Project personnel for the personal use of Australian
Project personnel or their Dependants; and
(1)
"Project" means a self-contained Activity based on a mutually approved design and
involving the provision of Australian and Indonesian services and supplies.
MANAGEMENT
Responsibility for oversight of the Project will be vested in an Australia Indonesia Project
Coordinating Committee, whose membership will be comprised of Government of Indonesia and
Government of Australia appointees. The Government of Indonesia will appoint the chairperson
of the Committee, and will also nominate as Committee members national and provincial
representatives of the National Development Planning Board (BAPPENAS), the Regional
Development Planning Board (BAPPEDA), BKKBN and DEPKES. The Government of Australia
will appoint as Committee members the Australian Team Leader and a representative of the
Australian Government. The Committee will meet not less than twice a year. Its functions will
include:
5.
(a)
monitoring Project implementation through visits and reports; and
(b)
advising the two Governments on Project progress, and recommending to the
Governments changes in the Project components, budget and/or future directions.
CONTRIBUTIONS
The contribution of the Government of Australia is detailed in Annex III and is estimated at
A$7.464 million over three years. The contribution of the Government of Indonesia is detailed in
Annex IV and is estimated at 1,403 million Rupiah over three years) of which the contribution of
DEPKES is estimated at 874 million Rupiah and the contribution ofBKKBN is estimated at 529
million Rupiah. Disbursement of Government of Indonesia and Government of Australia
contributions will be subject to annual budget appropriations.
6.
FACILITATION
The Government of Indonesia will provide personnel and facilities necessary to enable Australian
Project personnel to efficiently and economically carry out the Project Activities. Without
limiting the generality of this paragraph the Government oflndonesia will provide:
(a)
appropriate offices and work facilities in accordance with local standards as well as
unclassified documentation related to the Project; and
(b)
appropriate approvals and authorities relating to the Project Activities.
3
7.
EVALUATION
An evaluation of progress of the Project may be made at times arranged between, and mutually
Such an evaluation would be undertaken by a joint
convenient to, both Governments.
investigation team appointed by the two Governments and independent of staff involved in the
Project.
8.
SUPPLIES
At completion of the Project, subject to paragraph 9 below, all Australian project supplies will
become the property of the Government of Indonesia.
9.
INTELLECTUAL PROPERTY
a.
Unless the two Governments otherwise decide, Activities shall be conducted in accordance
with Implementing Arrangements which address the matters in this Article and in Annex
V.
b.
Implementing Arrangements shall provide for the protection of Background Intellectual
Property and Foreground Intellectual Property.
c.
The Government of Indonesia and the Government of Australia shall use their best
endeavours to ensure that the Participants shall be entitled to any Foreground Intellectual
Property in accordance with the provisions specified in the Implementing Arrangements
which shall be developed taking into account:
r'·
d.
(i)
the intellectual contributions of each Participant;
(ii)
the financial contributions of each Participant;
(iii)
the contributions of Background Intellectual Property, materials, research effort and
preparatory work of each Participant;
(iv)
the facilities provided by each Participant;
(v)
legal
(vi)
objects of study and research activities; and
(vii)
such other relevant considerations as the Participants may agree upon.
｣ｯｮｳｩ､･ｲ｡ｴｾ＠
Implementing Arrangements shall include provision for checking for and protection
against infringement of Intellectual Property rights of third parties.
4
e.
Unless the Government of Indonesia and the Government of Australia otherwise decide,
Implementing Arrangements shall be legally binding documents.
f.
The Government of Indonesia and the Government of Australia shall use their best
endeavours to ensure that prospective Participants in the Project enter into a confidentiality
deed with each other before they exchange information about their Intellectual Property.
10.
PUBLIC CHARGES
The Government of the Republic of Indonesia shall ensure that Australian development
cooperation funds are not used to pay any taxes, customs duties or any other levies imposed by the
Government of the Republic of Indonesia, on any goods, materials, equipment, vehicles and
services purchased or acquired for, or related to, the execution of an Activity being carried out
under this Memorandum in the Republic of Indonesia.
11.
CLAIMS
The Government of the Republic of Indonesia shall be responsib le for dealing with any claims
which may be brought by third parties against the Government of Australia, Australian Project
personnel or Australian firms and shall hold harmless the Government of Australia, Australian
Project personnel and Australian firms in case of any claims or liabilities resulting from this
Memorandum. This provision will not relieve any person or entity from liability from a criminal
act, gross negligence, or wilful misconduct on the part of that person or entity.
12.
CLAIMS ARJSING FROM SHORT TERM ATTACHMENTS IN AUSTRALIA
a.
The Government of Australia undertakes to assume full responsibility for claims arising
from the conduct of Government of Indonesia personnel while they are in Australia on short term
attachments under this Memorandum.
b.
In return for the Government of Australia's undertaking in paragraph (a), the Government
of Indonesia undertakes to indemnify the Government of Australia against reasonable payments
made and all costs, damages and expenses incurred by it as a result of any claims which may be
brought against such Government of Indonesia personnel or the Government of Australia, its
officers or servants by any third party arising from the conduct of such Government of Indonesia
personnel in Australia pursuant to this Memorandum.
c.
Paragraphs (a) and (b) shall not apply where the liability results from a criminal act, gross
negligence or wilful misconduct on the part of that person.
13.
INCOME TAX
The income tax liab ility of Australian firms and Australian Project personnel shall be borne by the
Government of the Republic of Indonesia.
5
14.
PERSONNEL
The Government of the Republic of Indonesia shall, in accordance with Law Number 7 of 1983 on
Income Tax (as amended by Law Number I 0 of 1994), Government Regulation Number 19 of
1955 and their implementing regulations each as at the date of entry into force of this
Memorandum:
15.
(a)
exempt Australian firms and Australian Project personnel from, or bear the costs of,
import duties and other taxes imposed by the Government of the Republic of Indonesia
on taxable goods and services or import of taxable goods for, or related to, the
execution of Activities under this Memorandum; and
(b)
exempt Australian Project personnel from the payment of custom duties, excise duties
and other taxes in respect of bona fide Personal and Household effects brought into the
Republic of Indonesia within six months of his or her first arrival in the Republic of
Indonesia for their own use or the use of their dependants. In the event of theft, fire or
other destruction, the exemptions under this paragraph may be re-exercised at any time
during the assignment of the Australian Project personnel. Australian Project
personnel may purchase duty free items provided that such purchases shall be made
from duty free stores.
MOTOR VEHICLES FOR PERSONAL USE
a.
The Government of the Republic of Indonesia shall, in accordance with Government
Regulation Number 19 of 1955 and its implementing regulations each as at the date of entry into
force of this Memorandum, exempt from, or bear the cost of, customs duties and other taxes in
respect of one locally assembled motor vehicle purchased for an Australian Project personnel's
personal use provided that:
(i)
the Australian Project personnel is assigned in Indonesia for at least twelve (12)
months consecutively;
(ii)
such motor vehicle is purchased locally within the period of six (6) months from the
date of his/her first arrival in the Republic of Indonesia; and
(iii)
upon completion of his/her assignment, the motor vehicle is disposed of in Indonesia
either to a person who has the same privileges or to the agent authorised by the
Government of the Republic of Indonesia.
'
b.
In the event of fire, theft, damage or destruction, the exemptions under this Clause may be
re-exercised provided the remaining assignment of the Australian Project personnel is for at least
eight (8) months.
6
:.-·
16.
TRANSPARENCY OF LAWS
The Government of the Republic of Indonesia shall, upon request, inform Australian firms and
Australian Proj ect personnel of local laws and regulations which may concern them in the
performance of their duties. The Government of the Republic of Indonesia shall notify the
Government of Australia of any changes in its law and regulations and shall inform the
Government of Australia of the application of such changes. If either Government considers it
appropriate, the two Governments shall consult to find a mutually acceptable solution concerning
such changes.
17.
, ,-.
EQUALITY OF TREATMENT
Australian firms, Australian Project personnel and their Dependants shall be accorded no lesser
benefits, privileges and exemptions than those accorded to other non-Indonesian firms or nationals
under any other bilateral arrangement for development cooperation.
18.
SECURITY
The Government of the Republic of Indonesia shall arrange for protective services necessary to
ensure the safety of:
19.
(a)
the Australian Project personnel, their Dependants, their property; and
(b)
Australian project supplies.
SETTLEMENT OF DIFFERENCES
Differences which may arise relating to the interpretation or application of the provisions of this
Memorandum shall be settled by means of negotiations between the Government of the Republic
of Indonesia and the Government of Australia or in any other manner mutually agreed upon.
20.
AMENDMENTS
Amendments to this Memorandum may be made at any time by an arrangement m writing
between the two Governments.
21.
ENTRY INTO FORCE AND DURATION
This Memorandum will take effect from the date of its signature and the Project will be deemed to
have commenced from that date. The Australian contribution to the Project and all undertakings
given herein will cease six years after the date of commencement of the Project or on such other
date as may subsequently be arranged between the two Governments.
7
....
'
ANNEXURES to this Memorandum form an integral part of it.
IN WITNESS WHEREOF, the undersigned being duly authorized thereto by their respective
Governments, have signed the present Memorandum of Understanding.
on this ｴｾ･ｵｙ＠
ｾｦｩＨ･［＠
day of S"c:yteut ｾ･ＺｩｹＭ
in the
Done in duplicate at ｊｴｩｬｾ＠
year of one thousand nine hundred ninety five, in 2 (two) originals in English language, both of
texts being equally authentic
FOR THE GOVERNMENT
OF AUSTRALIA
FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA
Signed
Signed
Signed
SUJUDI
FrARYONOSUYONO
STATE MINISTER FOR
MINISTER OF
POPULAT ION/CHAIRMAN OF
NATIONAL FAMILY
PLANNING COORDINATING
BOARD
A.R.TAYLOR
AMBASSADOR
MINISTER OF HEALTH
8
Annex l
Page 1
DESCRIPTION PROJECT ACTIVITIES
BACKGROUND
1.
The Government of the Republic of Indonesia gives high priority to reducing
Indonesia's maternal and infant mortality rates by reducing the risk and improving
the management of obstetric emergencies, and to promoting women's health and
family wellbeing through increased access to family planning services which
emphasise quality of care by trained providers, participation on the basis of
informed free choice, an appropriate range of contraceptive options and community
participation in the planning and management of services.
2.
Despite significant national improvements in the last 20 years, maternal and infant
mortality rates remain relatively high in the eastern Indonesian provinces of Nusa
Tenggara Timur and Nusa Tenggara ｂ｡ｲｾ＠
where maternal mortality is estimated
at up to 750 per 100,000 live births (compared to the Indonesian national average
of 425) and infant mortality at up to 93 per 1,000 live births (compared with the
national average of 71 ). This situation, combined with the traditional high fertility
rates in the eastern provinces, has resulted in the urgent need for positive
intervention on behalf of the health and welfare of women and their families in the
eastern provinces.
3.
To meet these needs, the Government of Indonesia, through the Department of
Health (DEPKES), is implementing the Safe Motherhood Plan of Action to
strengthen the effectiveness of women's reproductive health care services. The
Government of Indonesia, through BKKBN, is implementing national policies to
promote safe, voluntary and accessible family planning services based on the
principle of a small, prosperous and self-reliant family.
4.
The Women's Health and Family Planning Project aims to assist the Government of
Indonesia to enhance the quality and coverage of reproductive health care and
family planning services in the provinces ofNusa Tenggara Timur and Nusa
Tenggara Barat, to assist women to take informed decisions about their health,
fertility and family size, and to develop cost-effective approaches to strengthening
existing Government of Indonesia programs which may also be useful for
improving these programs in other areas of Indonesia.
5.
The Project recognises the important complementary roles and objectives of
BKKBN and DEPKES in relation to women's reproductive health and fertility, and
provides for their participation in Project Activities as joint Government of
Indonesia executing agencies. Project Activities and management arrangements
will seek to enhance collaboration between the two Government of Indonesia
executing agencies.
9
Annex I
Page2
6.
To ensure that the Project can effectively demonstrate the benefits to women, and
based on the policies of the Government of Indonesia, activities in the project area
to improve and promote reproductive health and family planning services should be
conducted in a manner that fully safeguards voluntary and informed choice, and
any promotional activities in Project target areas that might be interpreted as
coercive will be discouraged.
7.
The Project will support the formation and funding of village women's credit
groups on the understanding that they will be open to all village women in order to
improve women's income status, health awareness (including about pregnancy
problems requiring referral) and family wellbeing.
8.
The Project will include an Inception Stage of nine months, during which the
Project Design will be further developed through needs assessment studies and pilot
activities, to provide a detailed Project Implementation Document (PID). The
Project will be jointly reviewed by Government of Indonesia and Government of
Australia at the end of Year I to ensure that it conforms with the Project objectives
and is likely to meet these objectives.
9.
Subject to satisfactory findings of the review at the end of Year 1, the Project will
target two kabupatens in each of the two provinces. The kabupatens to be assisted
by the Project during the first three years of the Project (Stage 1) are Timor Tengah
Utara and Belu in Nusa Tenggara Timur and Sumbawa Besar and Lombok Barat in
Nusa T enggara Barat. These kabupatens have been determined in consultation
between Government of Indonesia and Government of Australia based on
consideration of where the Project is likely to be most effective in meeting its
objectives.
10.
Extension of the Project for a further three years (Stage 2), which is expected to
target an additional four kabupatens in each of the two provinces, will be subject to
the satisfactory findings of a joint review at the end of Year 3 of the Project.
OBJECTIVES
I.
The goal of the Indonesia Women's Health and Family Planning Project is to
increase the technical capacity of the Government of Indonesia to decrease
maternal and neonatal mortality and enhance the quality of service in women's
reproductive health and family planning programs in the provinces of Nusa
Tenggara Timur and Nusa Tenggara Barat.
2.
The Project design is based on three interrelated components:
(a)
Women's Health
(b)
Family Planning
{r.)
PrniPrt M::in::iaPmPnt
10
Annex I
Pagel
Component 1.
Women's Health
This component seeks to assist with implementation of a Safe Motherhood Plan of Action for
Nusa Tenggara Timur and Nusa Tenggara Barat provinces by improving the management of
obstetric emergencies, labour and cases requiring referral; supporting the training and acceptance
of village midwives; improving the identification and treatment of high risk pregnancies;
improving the quality and quantity of neonatal care; increasing the survival of neonates and
providing information and health education about reproductive health and maternal care. The
Women's Health component also seeks to strengthen the institutional and management capacities
of health agencies and officials at provincial and local levels, by improving the monitoring and
recording of health data, strengthening management skills and systems, and improving the quality
of primary health care management.
Component 2.
Family Planning
This component aims to provide providers' clinical and communication skilJs, to promote the
provision of family planning services based on informed choice and improved knowledge, and to
improve access to family planning information and services in Nusa Tenggara Timur and Nusa
Tenggara Barat. Assistance will be provided for the formation and funding of village women's
credit groups, open to all village women, in order to improve women's income status, health
awareness and family wellbeing. The Family Planning component also seeks to strengthen the
institutional and management capacities of agencies and officials involved in the delivery of
family planning services at provincial and district levels, including through cooperative
arrangements with local health officials providing family planning services.
Component 3.
,r
Project Management
This component will promote effective and efficient Project management, effective
communication and interaction with local communities, monitoring and evaluation, and planning
for the expansion of the Project into further kabupatens in Stage 2.
11
Annex I I
Pagel
MAIN RESPONSIBILITIES
1.
The lead agencies for the Project for the Government of Indonesia will be the National
Family Planning Coordinating Board (BKKBN) and the Department of Health (DEPKES).
2.
Detailed monitoring and coordination of progress in the implementation of the Project will
be undertaken by the Australia Indonesia Project Coordinating Committee (PCC) as
outlined in Clause 4 of this MOU. PCC meetings will be held in Jakarta or any other place
chosen by the Committee at least twice a year or may be convened at any other time by
either Government.
In addition, Provincial Project Management Committees will be established for each of the
two Project provinces (Nusa Tenggara Timur and Nusa Tenggara Barat). Kabupaten
Implementation Units will be established for each of the participating kabupatens.
3.
Australian Project Personnel and Indonesian officials will cooperate in ways consistent
with the achievement of the Project objectives and in the context of the processes and
requirements of the Government of Indonesia.
4.
The Consultant contracted by AusAID on behalf of the Government of Australia will
provide management and technical support to the Project.
12
Annex III
Page 1
AUSTRALIAN GOVERNMENT CONTRIBUTION
1.
The Government of Australia will make contributions to the Project totalling an estimated
A$7.464 million over a three year period. Details of the Government of Australia
contributions are set out below. It should be noted that these contributions, including their
timing, may be subject to change (following consultation with the Government of
Indonesia) during the course of the Project.
Australian Contribution (A$,000)
Phase 1
Year 1
Year2
Year3
TOTAL
Personnel
1 228.1
1 231.4
I 247
3 706.5
Procurement
1 259.8
261.1
43.6
I 564.5
Training
266.9
182.4
152
601.3
Other
878.7
231.6
481.3
1 591.6
3 633.5
1906.5
1 923.9
7 463.9
Total
2.
The contribution of the Government of Australia detailed by type of input is set out below:
Australian Staff
Long Term Staff:
Project Director (in Australia)
Project Director (in Indonesia)
Australian Team Leader (Kupang)
Assistant Team Leader (Mataram)
!EC/Training Specialist (Kupang)
Expert Midwife Educator x 2 (Kupang and Mataram)
Short Term:
Obstetrician Gynaecologist Specialist
13
Annex III
Pagel
Indonesian Staff
Long Term:
Indonesian Midwifery Teacher (2 positions)
Indonesian IEC Specialist
Secretaries, drivers, office managers.
Shorl term:
Adult education counselling expert
Provincial specialist obstetrician gynaecologist
Provincial specialist paediatrician
Other Inputs
Vehicles/Motorcycles
Office Equipment and Furniture
IEC Training Equipment/Materials/Visual Aids
Medical Equipment
Radio Telephone
Printing/Workshop Material
Travel & Accommodation Expenses
Workshop Costs
Final Report Production
Appraisal Mission
14
Annex IV
Pagel
INDONESIAN GOVERNMENT CONTRIBUTION
1.
The Government of Indonesia will make contributions totalling Rp 1,403 million over a
three year period. Details of the Government of Indonesia contributions are set out below.
It should be noted that these contributions, including their timing, may be subject to
change (following consultation with the Government of Australia) during the course of the
Project.
2.
Indonesia will provide Indonesian management costs and Project staff allowances, local
Indonesian costs of in-Australia training, vehicle running costs, office utility costs and
contributions towards workshops and meetings.
Indonesian Contribution (Rupiah million)
DEPKES
Year 1
Year2
Year3
TOTAL
Personnel
84.3
73.1
73.1
230.5
Procurement
19.7
21.1
21.1
61.9
Training
8.8
1.8
1.8
12.4
Other
271.4
145.2
152.5
569.1
Total
384.2
241.2
248.5
873.9
Year 1
Year2
Year3
TOTAL
70
70
70
210
Procm·ement
0.83
0.83
0.83
2.49
Training
29.7
21.5
21.5
72.7
Other
67.7
84.2
91.8
243.7
Total
168.23
176.53
184.13
528.89
Pha.ve 1
-
BKKBN
Phase I
Personnel
15
Annex IV
Page2
3.
The contributions of the Government of Indonesia detailed by type of input are set out
below:
Personnel
Project Management Staff
Project Manager (BKKBN)
Project Manager (Depkes)
Kabupaten Implementation Leader (BKKBN)
Kabupaten Implementation Leader (Depkes)
Administration Staff (BKKBN & Depkes)
Drivers (BKKBN & Depkes)
Short Term Specialist Staff
District Obgyn Specialist
District Paediatric Emergency Trainer
Midwife Teacher
IEC Officer
Midwife Supervisors
Field Supervision Staff
Doctor Master Trainers (5 No.)
Midwife Master Trainers (5 No.)
Other Inputs
Obstetric/neonatal care consumables
Recurrent supply of clinical forms, medical textbooks, IEC materials
Vehicle/motorcycle running costs
Per diems for trainees
Training officers honorariums
Workshop costs
Office renovation and utilities.
Printing
Equipment & Consumables Supplies
Travel & accommodation expenses for provincial workshops
16
Annex V
Page 1
PROTECTION, OWNERSHIP AND ALLOCATION OF INTELLECTUAL PROPERTY
BY PARTICIPANTS IN ACTIVITIES UNDER THIS MEMORANDUM
This Annex provides an indication of the Intellectual Property issues that should
be addressed by Participants in the Implementing Arrangements.
1.
2.
Notwithstanding anything stated or implied in this Annex, it is the sole
responsibility of prospective and actual Participants to take all necessary steps,
including obtaining expert professional advice, to ensure that their legal and
commercial positions are adequately protected and to ensure adequate legal and
physical protection for Background Intellectual Property and Foreground Intellectual
Property .
3.
Implementing Arrangements should contain clauses that :
(a)
specify appropriate procedures for checking(i)
(ii)
prior to the commencement of the Project; and
as appropriate during the Activity;
for third party Intellectual Property that might:
be infringed by the Participants while carrying out Activities; or
infringe Intellectual Property created under the Implementing
Arrangement or the subsidiary arrangement;
(b)
(c)
identify each Participant's Background Intellectual Property and:
(i)
the nature of the protection that has been or needs to be, accorded to
that Background Intellectual Property; and
(ii)
the nature of any third party rights restricting the use of Background
Intellectual Property;
specify appropriate procedures for:
(i)
identifying;
17
Annex V
Page2
(ii)
determining ownership of; and
(iii)
protecting;
Foreground Intellectual Property;
(d)
specify appropriate procedures for approving the conditions on which each
Participant may be licensed to use Foreground Intellectual Property for its
own non-commercial purposes (which purposes exclude sub-licensing and
commercial purposes such as manufacturing and having manufactured) and
for commercial purposes;
(e)
specify appropriate clauses allowing a Participant to be licensed to use
another Participant's Background Intellectual Property when it is reason ably
necessary for the commercial use of Foreground Intellectual Property;
(f)
specify appropriate procedures for licensing third parties to use Foreground
Intellectual Property, including where such use requires access to another
Participant's Background Intellectual property and the conditions upon
which a licence to the Background Intellectual Property shall be granted;
(g)
specify appropriate procedures for approval by all the Participants, prior to
disclosure, of the public disclosure of info rmation through publications,
seminars or any other means;
(h)
specify the rights and obligations of visiting researchers involved in the
Activity and particularly in relation to Intellectual Property created by them
during their work in the Project;
(i)
nominate the governing law of the Implementing Arrangement; and
(j)
specify appropriate procedures for the resolution of disputes, including
international commercial arbitration.
18