RESEARCH COLLABORATION AGREEMENT BETWEEN SAO PAULO RESEARCH FOUNDATION AND TIANJIN UNIVERSITY
The SAO PAULO RESEARCH FOUNDATION , established by Law nº 5.918, of October 18th, 1960, with headquarters at RuaPio 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, Professor 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 21st, 2015, hereinafter referred to as FAPESP, and TIANJIN UNIVERSITY, 92 Weijin Road, Nankai District, Tianjin, 300072, China, represented by the President, Professor Jiajun Li, hereinafter referred to as TJU, and both to as the “Parties”:
CONSIDERING the importance of promoting the cooperation in scientific and technological research between TJU, China and the State of Sao Paulo, Brazil, both parties wish to strengthen this cooperation on the basis of equality and mutual benefits;
CONSIDERING the 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 and collaboration in scientific research and technological development in priority areas of interests to both parties, fostering bilateral cooperation;
Agree as follows:
Through this Research Cooperation Agreement, both Parties will implement scientific and technological cooperation between researchers from TJU, China and from the State of Sao Paulo, Brazil, through the funding of joint research projects.
2. Methods of Collaboration
The Parties will promote such collaboration, observing its international obligations, national laws, and other existing regulations through mechanisms such as:
a) Implementation of joint research projects on issues of common concerns, exchanging knowledge and results;
b) Organization of scientific and technological seminars, specialized workshops, symposia and other scientific meetings of mutual interest, to promote the interaction between institutions and research groups relevant to both Parties, with the goal of identifying future areas for cooperation;
c) Activities of scientific exchanges that will help prepare the foundation for the development of cooperative research projects between the teams from the State of São Paulo and from TJU, including but not limited to, scientific exchange visits, workshops and bilateral scientific seminars.
(i) In the case of scientific exchanges, the Parties will appreciate proposals that contribute to and prepare the base for joint research proposals.
3. Scientific Areas
The activities mentioned in Clause 2 could be developed, in principle, in all areas of knowledge. The areas of interest can be specified by the Joint Steering Committee, in the Calls for Proposals.
a) The Parties will establish one or more actions according to Clause 2 and in accordance with the scientific relevance and the national legislation in the respective countries of the Parties and in accordance with their own funding arrangements.
b) The Parties will appoint two representatives, one from each institution, who will form a Joint Steering Committee responsible for the continuation of this Agreement and for drafting the Call for Proposals.
c) For the elaboration of the actions, the Parties may provide, by agreement, the most appropriate procedures including: mechanisms such as: delegation meetings, workshops, correspondence and other procedures.
d) 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.
e) The Parities may establish joint procedures for the submission and review of the proposals in case of mutual interest and the decision of the Joint Steering Committee.
a) For each of the research projects that are approved, TJU will assume the funding of research teams from TJU 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.
b) The amount of funding to be offered to support collaborative research projects will be defined by the Parties in each Call for Proposals.
6. Intellectual Property
a) The Parties agree that when the actions taken by virtue of this Agreement result in products of commercial value and intellectual property rights, they will be regulated by national legislations and international conventions in force. Participants should also observe the Intellectual Property Policy of the Party responsible for the funding of their respective teams.
b) In the case of a 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 each of the Parties.
a) This Agreement shall be valid for a period of five (5) years from the date of the signing and may be extended by mutual agreement between the Parties in a written Addendum to this Agreement.
b) Either Party may terminate this Agreement by written notice, with a period of six months in advance.
c) The termination of this Agreement shall not hinder the implementation of projects and programs already approved or which are in progress, in which case the Parties should reserve their budgets 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 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
b) Tianjin University:
92 Weijin Road, Nankai District, Tianjin, 300072, China
This Agreement may be amended by mutual consent of the Parties and made official by an Addendum.
a) Each Party covers its own administration costs regarding its contribution to the Call for Proposals, unless otherwise jointly agreed.
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) Both Parties shall maintain the highest ethical and legal standards in funding research under this Agreement.
d) Both Parties agree that this Agreement is signed in good faith, and that any disputes and / or misinterpretation arising therefrom in relation to its implementation, execution and compliance will be resolved jointly by the Parties and shall be in writing. If no agreement is reached between the Parties, this document will be terminated without liability. The Parties should come to an agreement of how to conclude the actions in progress at the date of the notification of termination by either party.
Signed in three original copies in English, Portuguese and Chinese, three texts being equally authentic and valid.