COOPERATION AGREEMENT FOR RESEARCH BETWEEN SÃO PAULO RESEARCH FOUNDATION AND EU-LIFE
The SÃO PAULO RESEARCH FOUNDATION, 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. Dr. 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 22nd, 2015, hereinafter referred to as FAPESP, and the EU-LIFE alliance, represented by Dr. Jo Bury, EU-LIFE Chair, hereinafter referred to EU-LIFE and both hereinafter referred as “Parties”:
CONSIDERING the importance of cooperation in science and technology as a key factor for increasing competitiveness, developing their social and economic systems, as well as the improvement of their socio-economic standards of living;
CONSIDERING the importance of promoting scientific and technological cooperation between EU-LIFE research institutes and research institutions from 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 the countries involved and also to encourage new forms of collaboration between its research centers;
WHEREAS, EU-LIFE prime mission is to support and strengthen European research excellence;
WHEREAS, among the aims of FAPESP strategy for the scientific and technological development of the State of Sao Paulo, Brazil, is the intensification of international scientific cooperation;
WHEREAS, the research programs of the EU-LIFE and FAPESP promote international competitiveness based on knowledge, research, technological development, innovation and social development;
WISHING to promote initiatives of scientific collaboration and technological development in priority areas of interest to both parties, fostering bilateral cooperation;
Agree as follow:
Through this Cooperation Agreement, the Parties will implement scientific and technological cooperation between researchers associated with the EU-LIFE and those from the State of Sao Paulo, Brazil, through the promotion of joint collaborations to increase the excellence in the life sciences.
The purpose of this initiative is to strengthen scientific collaboration in areas of interest to both Parties and to achieve scientific and technological results of international significance that promote technological innovation and socioeconomic development, on the basis of equality and mutual benefit.
2. Methods of Collaboration
The Parties will promote such collaboration, observing domestic laws and other existing regulations as may be applicable to such Parties through mechanisms such as:
a) Implementation of joint research projects on topics of common concern, exchanging knowledge and results;
b) 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 the scientific communities of both Brazil and Europe, with the goal of identifying future areas, in life sciences, for cooperation;
c) Activities of scientific exchange that will help prepare the ground for the development of cooperative research projects between teams of São Paulo and EU-LIFE, including but not limited to, scientific exchange visits, workshops and bilateral scientific seminars both in Europe and Brazil.
3. Scientific Areas
The activities mentioned in the second item could be developed, in principle, in areas of knowledge that have been declared as priorities for both Parties. Areas of interest can be specified by mutual agreement by the Steering Committee.
a) To implement this Agreement, the Parties will establish one or more actions according to Clause 2 and in accordance with national legislation in each country of the Parties and their own budget availability.
b) The Parties will appoint at least four representatives two from FAPESP and two from EU-LIFE, which will form a Joint Steering Committee responsible for the continuation of this Agreement.
c) For the selection / implementation of actions, the Parties may provide, by agreement, the most appropriate procedures including mechanisms such as: delegation meetings, workshops, correspondence and other procedures.
a) EU-LIFE and FAPESP will support own expenses for the management of this agreement. As general rule, each Part agrees that it is prepared to fund their part of the initiatives forwarded to the other Part, as regards the activities developed in their territory.
b) Each joint project funded under the purpose of this Agreement shall be based on an appropriate agreement signed, prior to starting the research project. For each joint project, the EU-LIFE partners to which the EU-LIFE’s researchers are affiliated will assume own costs and FAPESP will assume the costs of researchers from the State of Sao Paulo, Brazil, in all cases according to their national rules and regulations and budget availability.
6. Intellectual Property
a) Each specific research project funded under the purpose of this Agreement shall be based on an appropriate agreement signed, prior to starting the research project, by the Host Higher Education and Research Institution in the State of São Paulo, to which the Principal Investigator from São Paulo is affiliated, and the Research Institution to which the EU-LIFE ‘s partner Principal Investigator is affiliated. The document must regulate aspects of funding, confidentiality, publication and intellectual property rights, among others, in observance of the policies of each Party involved in the research project.
b) In the case of joint ownership of Intellectual Property, the relevant parties will in good faith endeavor to establish a joint ownership agreement regarding the allocation and terms of exercising that joint ownership, taking into account the relevant contributions of the Parties.
This Agreement shall be valid for a period of 2 (two) years from the date of its signing. The Party may terminate this Agreement by written notice, with a period of six months in advance.
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.
Any notice to be served on either of the Parties by the other shall be sent by international courier or by email and shall be deemed to have been received by the addressees within 14 days of posting or 24 hours if sent by email to the correct address. Notice shall be sent to the following addresses:
Rua Pio XI, 1500 - Alto da Lapa
CEP 05468-901 - São Paulo / SP - Brasil
Att.: Scientific Director
Center for Genomic Regulation, CRG
C/ Dr. Aiguader, 88
08003 Barcelona, Spain
This Agreement may be amended by mutual consent of the Parties and made official by Addenda.
a) Each Party covers its own administration costs regarding its contribution to the joint initiatives, unless otherwise jointly decided.
b) This Agreement is subject to the availability of funds in the budget of the Parties and the applicable laws and regulations of their respective countries.
c) The Parties shall maintain the highest ethical and legal standards in funding research under this Agreement.
d) 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 Sao Paulo, Brazil on 06/07/2016, in two original copies in English and Portuguese, both texts being equally authentic.
Jo Bury - EU-LIFE Chair, on behalf of the EU-LIFE Board of Directors