Administrative and institutional arrangements

• Pages: 13-14

6. Administrative and institutional arrangements

6.1. Legal aspects

6.1.1. The legal standards governing safety and health and working conditions

to be respected in the transfer of technology should, as appropriate –

(a) be linked with existing legislation dealing with occupational safety and health; or

(b) take the form of separate regulations; and

(c) be enforced by a competent authority.

6.1.2. A licence agreement should specify whether the legal standards and

regulations of the licensee's or the licensor's country are applicable to the agreement

with regard to safety and health. In general, the more stringent of the two should apply.

6.1.2.1. The validity of a technology licence agreement should also be subject

to approval by the competent authorities responsible for occupational safety and health

in the technology-receiving country.

6.1.2.2. Licensing agreements should cover the appropriate safety and health

aspects, including the training of national personnel.

6.1.2.3. Where the renewal of agreements incorporates the introduction of

new techniques, such techniques should comply with all occupational safety and health

rules and regulations governing the original transfer of technology, and any new

measures, rules or regulations which may be necessary.

6.1.3. The granting of patents should stipulate that the technology-receiving

country must be fully informed of the provisions to be observed with regard to safety

and health and working conditions, and must be given any other information relevant to

hazard assessment and control in the production of the patented item.

6.1.3.1. Similarly, the law relating to the granting and use of a trade mark

should be such as to enable the technology-receiving country to receive all information

on the safety and health and working conditions aspects of the product or process in

question.

6.2. Institutional arrangements

6.2.1. Each country should establish the necessary institutional arrangements

for ensuring that safety and health and working conditions are considered in the transfer

of technology.

6.2.2. Such institutional arrangements should develop capabilities in the fields

of safety and health and working conditions for –

(a) the intensification of the search for an appropriate technology;

(b) the development of special methods for research in safety and health;

(c) the exchange of information with other institutions;

(d) assistance in the preparation and harmonisation of national standards and

regulations;

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