Versão em português

Agreement between FAPESP and Deakin University


The SÃO PAULO RESEARCH FOUNDATION - FAPESP , established by Law nº 5.918, of October 18th, 1960, with headquarters at Rua Pio XI, 1500, Alto da Lapa, São Paulo, SP, enrolled in CNPJ/MF under nº 43.828.151/0001-45, herein represented according to article 11, “a” of Law nº 5.918, combined with its General Rule approved by Decree n° 40.132, of May 23, 1962, represented by its President, Prof. José Goldemberg, in the exercise of the powers delegated by Act of the Governor of the State of São Paulo, published in the Official Gazette of the State, of August 21st, 2015, hereinafter referred to as FAPESP, and DEAKIN UNIVERSITY, represented by Professor Jane den Hollander, Vice Chancellor, hereinafter referred as Deakin, and both referred to as “Parties”:

CONSIDERING the importance of promoting cooperation in scientific and technological research between Australia and the Sao Paulo State, Brazil, wishing to strengthen this cooperation on the basis of equality and mutual benefit;

CONSIDERING need to strengthen the links between the scientific communities of both countries and also to encourage new forms of collaboration between its research centers;

WISHING to promote initiatives collaboration in scientific research and technological development in priority areas of interest to both parties, fostering bilateral cooperation;

Agree as follow:

1. Purpose

Through this Cooperation Agreement, the Parties will implement scientific and technological cooperation between researchers from Australia and from the State of Sao Paulo, Brazil, including where possible, through the funding of joint research projects.

2. Methods of Collaboration

The Parties will promote such collaboration, observing its international obligations and domestic laws and other existing regulations through mechanisms such as:

2.1 Implementation of joint research projects on issues of common concern, exchanging knowledge and results;

2.2 Organization of scientific and technological seminars, specialized workshops, symposia and other scientific meetings of mutual interest, to promote interaction between institutions and research groups relevant to both countries, with the goal of identifying future areas for cooperation;

2.3 Activities of scientific exchange that will help prepare the ground for the development of cooperative research projects between teams from São Paulo and from Deakin, including but not limited to, scientific exchange visits, workshops and bilateral scientific seminars;

a. In case of scientific exchange, the Parties will appreciate proposals that contribute to prepare the base for a joint research proposal.

3. Scientific Areas

The activities mentioned in the first item could be developed, in principle, in all areas of knowledge. Areas of interest can be specified by the Steering Committee, in the calls for research proposals.

4. Implementation

4.1 The Parties may establish one or more actions according to Clause 2 and in accordance with the scientific relevance and the national legislation in each country of the Parties and their own budget availability.

4.2 The Parties will appoint two representatives one from each agency, which will form a Joint Steering Committee responsible for the continuation of this Agreement and for drafting the call for proposals.

4.3 To enable further elaboration of the proposed collaboration, the Parties may provide, by agreement, the most appropriate procedures including: mechanisms such as: delegation meetings, workshops, correspondence and other procedures.

4.4 Each Party will receive and review the proposals according to its own criteria and rules. After the revision of the proposals, the Parties will decide in a meeting which proposals will be supported.

4.5 The Parities may establish joint procedures for the submission and review of the proposals in case of mutual interest and the decision of the Steering Committee.

5. Funding

For each of the research projects that are approved, Deakin University will assume the funding of research teams from Australia and FAPESP of the research teams from the State of Sao Paulo, Brazil, in all cases according to their national rules and regulations and budget availability.

6. Intellectual Property

6.1 The parties agree that any Intellectual Property shared between them to advance the discussions contemplated by this Agreement will be owned by the Party making it available and will be treated as Confidential Information. This provision is binding on the parties and will survive the termination or expiry of this Agreement.

6.2 The Parties will determine ownership and licensing of Intellectual Property arising from an activity undertaken under this Agreement on a case by case basis and in the context of the discrete activity, including the requirements of any third party providing funding to the activity. Ownership and licensing of such Intellectual Property must be agreed in writing between the Parties.

7. Confidential Information

Each party shall keep confidential all information or material acquired or produced in connection with this Agreement and will not without prior written consent of the other party use or disclose or otherwise make available this information or material in any form to any person. This provision is binding on the parties and will survive the termination or expiry of this Agreement.

8. Term

8.1 This Agreement shall be valid for a period of 5 years from the date of its signing and may be extended by mutual agreement between the Parties in a written amendment to this Agreement.

8.2 The Party may terminate this Agreement by written notice, with a period of six months in advance.

8.3 The termination of this Agreement shall not bring harm to the implementation of projects and programs already approved or which had already started, in which case the Parties should keep their budget for the projects and programs during the term of its validity, as if this agreement was not terminated.

9. Communications

Any notice to be served on either of the Parties by the other shall be made in writing and shall be sent to the following addresses:

Rua Pio XI, 1500 - Alto da Lapa
CEP 05468-901 - São Paulo / SP - Brasil
Att.: Scientific Director

9.2 Deakin University:
Deakin International
221 Burwood Highway, Burwood, Victoria 3125. Australia
Att.: Deputy Vice Chancellor (Global Engagement)

10. Modifications

This Agreement may be amended by mutual consent of the Parties and made official by Addenda.

11. Miscellaneous

11.1 This Agreement outlines the framework of a working relationship between the parties. Except as expressly noted, it is not intended to constitute a contract, but is built on goodwill and is binding in honour only. No partnership or joint venture is created by this Agreement, and neither Party can commit the other financially or otherwise to third parties.

11.2 Each Party covers its own administration costs of the preparation and execution of this Agreement. regarding its contribution to the call, unless otherwise jointly decided.

11.3 This Agreement is subject to the availability of funds in the budget of the Parties, all internal approvals required by a Party, and the applicable laws and regulations of their respective countries.

11.4 The Parties shall maintain the highest ethical and legal standards in funding research under this Agreement.

11.5 The Parties agree that this Agreement is produced in good faith, so that any dispute and / or interpretation arising therefrom in relation to its implementation, execution and compliance will be resolved jointly by them and shall be in writing. If no agreement is reached between the Parties, this document will be terminated without liability to the Parties that should agree how to conclude the actions in progress to date of notification of termination by either party.

Signed in two original copies in English and Portuguese, both texts with the same content and being equally valid and authentic.

Prof. José Goldemberg


Prof. Jane den Hollander
Vice Chancellor