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. MARCO ANTONIO ZAGO, 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 September 29th, 2018, hereinafter referred to as FAPESP, and the NATIONAL NATURAL SCIENCE FOUNDATION OF CHINA, established under the State Council of the People’s Republic of China on February 14, 1986, with its headquarters in Beijing, at 83, Shuangqing Road, Haidian District, Postal Code 100085, represented by its President, Prof. Jinghai Li, in the use of the faculties conferred by the State Council of the People’s Republic of China on February 27, 2018,hereinafter referred to as NSFC and both to as "Parties”:
CONSIDERING the importance of promoting cooperation in basic scientific research between China and the State of Sao Paulo, Brazil, wishing to strengthen this cooperation on the basis of equality and mutual benefit;
CONSIDERING the need to strengthen the links between the scientific communities of both countries and also to encourage new forms of collaboration between their universities and research institutions;
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:
Through this Cooperation Agreement, the Parties will implement scientific and technological cooperation between researchers from 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 their international obligations and domestic laws and other existing regulations through mechanisms such as:
a) Implementation of joint research projects on issues of common concern, including 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 the Parties and research groups relevant to both Parties, with the goal of identifying future areas for cooperation;
c) Activities of scientific exchange that will help prepare the ground for the development of cooperative research projects between teams from the State of São Paulo, Brazil and from China, including but not limited to, scientific exchange visits, workshops and bilateral scientific seminars.
(i)In this case, the Parties shall consider proposals that contribute to the basis for a joint research proposal.
Areas of interest can be specified jointly by the appointed Steering Committee, in the calls for research proposals.
a) In establishing methods of collaboration pursuant to Section 2 above, the Parties will do so in accordance with the scientific relevance and the national legislation in Brazil and in China, respectively, and each Party’s budget availability.
b) The Parties will each appoint one representative to serve on a Joint Steering Committee responsible for the continuation of this Agreement and for drafting the call for joint proposals (“Calls for Proposals”).
c) The Parties may agree to host delegation meetings, workshops, correspondence and other procedures, as applicable.
d) Each Party will receive and review the joint proposals according to its own criteria and rules. After the revision of the joint proposals, the Parties will decide which proposals will be supported.
e) The Parties 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, the NSFC will assume the funding of research teams from China 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.
b) The amount of funding necessary to support Collaborative Research Projects will be defined by the Joint Steering Committee 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 legislation and international conventions in force. Participants should also observe the Intellectual Property Policy of the Party responsible for the funding of their team.
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.
a) This Agreement shall be valid for a period of 5 (five) years from the date of its signing and may be extended by mutual agreement between the Parties in a written amendment to this Agreement.
b) Either Party may terminate this Agreement by a six months’ advance written notice.
c) 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 their 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
83 Shuangqing Road
HaidianDistrict, Beijing 100085, China
Att: Xiuping Liu
Division of American and Australasian Affairs,
Bureau of International Cooperation
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 Call for Proposals, 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) Neither party may use any identifying marks of the other without the express written permission of the other party.
11. Dispute Resolution
a) The Parties agree that this Agreement is produced in good faith, so that any dispute or divergent interpretation in relation to its implementation, execution and compliance will be resolved jointly by them and shall be in writing.
b) The lack of settlement will mater in the cancellation of the right of agreement, without liability to the Parties, which nevertheless compromise to conclude the actions in progress upon the receipt of notification sent by the other party.
Signed in São Paulo, Brazil on 05/02/2019, in two original copies in English, Portuguese and Chinese, all texts being equally authentic, in accordance with their respective national legislation.