AGREEMENT FOR SCIENTIFIC AND TECHNOLOGICAL RESEARCH COOPERATION BETWEEN FUNDAÇÃO DE AMPARO À PESQUISA DO ESTADO DE SÃO PAULO AND NETHERLANDS ORGANIZATION FOR SCIENTIFIC RESEARCH (NWO)
The Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP), Rua Pio XI, 1500 - Alto da Lapa, CEP 05468-901 - São Paulo / SP, Brazil, represented by Prof. Dr. Celso Lafer, President and the Netherlands Organization for Scientific Research (NWO), represented by Prof. Dr. Jos Engelen, President, hereinafter referred to 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;
RECOGNIZING the importance of promoting scientific and technological cooperation between Netherlands and the State of Sao Paulo, Brazil, wishing to strengthen this cooperation on the basis of equality and mutual benefit;
CONVINCED of 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 and, if appropriate to the topic of collaboration, the industry;
WHEREAS, NWO aims at supporting global development of knowledge through collaboration and stimulating excellence in international joint research projects (including public private partnerships);
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 NWO 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 the Parties, fostering bilateral cooperation between both countries, or trilateral with third countries, if appropriate and agreed;
Agree as follow:
Through this Agreement of Scientific and Technological Cooperation, the Parties will implement scientific and technological cooperation between researchers of The Netherlands and in the State of Sao Paulo, Brazil, through the financing of joint research projects.
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 its international obligations, domestic laws and other existing regulations through mechanisms such as:
a) The implementation of joint research projects on issues of common concern, exchanging knowledge and results;
b) The 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 State of Sao Paulo, Brazil, and Netherlands, with the goal of identifying future areas for cooperation;
c) Scientific exchange activities that will help to prepare the ground for the development of cooperative research projects between teams of Sao Paulo State and NWO, including but not limited to, scientific exchange visits, workshops and bilateral scientific seminars in the State of Sao Paulo, Brazil, and Netherlands;
d) The mobility of young scientists at post-doctoral and graduate programs by facilitating the use of existing funds such as those offered by universities training and research programs supported by NWO.
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 mutual agreement by the Steering Committee, in the call for research proposals.
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 Party´s country and their own budget availability;
b) To implement this Agreement, the Parties will appoint two representatives, one from each agency, who will form a Joint Steering Committee responsible for drafting the call for proposals, for final decision making in each call and for the continuation of this Agreement;
c) For the elaboration actions, the Parties may provide, by agreement, the most appropriate procedures, including mechanisms, such as delegation meetings, workshops, correspondence and other procedures;
d) It should be included in the Call for Proposals provisions governing at least: (i) the procedures and schedule related to the submission and selection of research proposals and, (ii) the form of financing the proposals, in particular the amounts that will be spent by each Party to support the projects.
For each approved research project, NWO will assume the funding of research teams from Netherlands and FAPESP will assume the funding of the research teams from Sao Paulo State, Brazil, in all cases according to the corresponding national rules, regulations and budget availability. In case of joint research projects with Dutch and Brazilian private companies, NWO will only fund researchers at public research institutions, and FAPESP only fund researchers at public research institutions, and might also fund researchers in small businesses according to the norms of FAPESP’s PIPE Program.
The funding covers the costs of research expenses, fellowships for graduate students and post-doctoral fellows, and travel expenses.
6. Intellectual Property
The Parties agree that when the actions taken by virtue of this Agreement result in products of commercial value, industrial and intellectual property rights 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 its teams, observing, for FAPESP or NWO, his own rules and procedures.
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 each Party.
This Agreement shall be valid for a period of 05 (five) years from the date of its signing and may be extended yearly. The Parties 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 be started, in which case the Parties should keep their budget for the projects and programs until the term of its validity.
Any notice to be used by either one 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
Laan van Nieuw Oost Indie 300
PO Box 93138 - 2509 AC The Hague - The Netherlands
This Agreement may be amended by mutual consent of the Parties, being made official by Addenda.
a) Each Party should cover its own administration costs regarding its contribution in the call for proposals, unless otherwise jointly decided;
b) This Agreement is subject to the availability of funds in the budget of the Parties, 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.
The Parties agree that this instrument is produced in good faith, so that any dispute and/or interpretation arising therefore 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, which should agree how to conclude the actions in progress until the date of termination notice by either Party.
Signed in Sao Paulo, Brazil on 11/21/2012, in two original copies in Englishand Portuguese, the texts being equally authentic.
SÃO PAULO RESEARCH FOUNDATION (FAPESP)
NETHERLANDS ORGANIZATION FOR SCIENTIFIC RESEARCH (NWO)