1487 60 STAT.] UNITED KINGDOM-PENICILLIN-JAN . 25, 1946 such scientific information is being interchanged, and, in particular, desire both (a) to determine and recognize, in the allocation of the title to and rights in and under any and all patents covering discov- eries or inventions relating to the purification, structure, or synthesis of penicillin, or a therapeutic equivalent, the relative value of the scientific contributions made to such inventions and discoveries by the participants of their respective Governments, and (b) to acquire, where deemed necessary to the national interest, the same right with regard to the other Government's participants as both Governments now have with regard to their own participants in the way of re- quiring the grant of licenses; The two Governments have agreed as follows: ARTICLiE I Definitions For the purposes of this agreement, the following terms shall have the meaning herein given: (a) "Penicillin" shall be deemed to mean any sulfur-containing Penicilli anti-microbial compound, characterized by degradation to penicil- lamine, which may be obtained as a result of the growth of some strain of PenicillimnNotatwm. (b) "Therapeutic equivalent" shall be deemed to mean any sub- ThaPeuti"e stance which exerts antimicrobial action, irrespective of the degree of its potency, substantially similar to that of penicillin, and which possesses a structure analogous to, homologous with, or derived from that of penicillin, or which on degradation can yield either (i) peni- cillamine or a homolog or an analog or a derivative thereof, or (ii) penaldic acid or a homolog or an analog or a derivative thereof. (c) "American Participants" shall be deemed to mean those juridi- pant,., cal persons, including Government departments and agencies, which have participated, are now participating, or may hereafter participate under contract, or other arrangement, in the program of research on the purification, structure, or synthesis of penicillin, or a thera- peutic equivalent thereof, sponsored by the Government of the United States, acting through the Office of Scientific Research and Development. British Partci- (d) "British Participants" shall be deemed to mean those juridical p,.rit persons, including Government departments, which have participated, are now participating, or may hereafter participate under contract, or other arrangement, in the program of research on the purification, structure, or synthesis of penicillin, or a therapeutic equivalent thereof, sponsored by the Government of the United Kingdom, acting through the Medical Research Council. (e) "Period of Exchange" shall be deemed to mean for the pur- " dE" poses of Article I (f) and Article II of this agreement the period beginning December 1, 1943, and ending October 31, 1945, both dates inclusive. 80634--48-PT . -- 25
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