COOPERATION AGREEMENT FOR RESEARCH BETWEEN FUNDAÇÃO DE AMPARO À PESQUISA DO ESTADO DE SÃO PAULO AND THE UNIVERSITY OF MELBOURNE
FUNDAÇÃO DE AMPARO À PESQUISA DO ESTADO DE SÃO PAULO - 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. Dr. CELSO LAFER, 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 June 21, 2010, hereinafter referred to as FAPESP, and The University of Melbourne [ABN 84 002 705 224] of Parkville Victoria 3010, a body politic and corporate establish in 1853 and constituted under the University of Melbourne Act 2009 (Vic), represented by (Prof. Glynn Davis), hereinafter referred to as UNIMELB and both hereinafter referred to as "Parties”:
CONSIDERING the importance of promoting cooperation in scientific and technological research between Australia and the State of São PaulPro, 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:
Through this Cooperation Agreement, the Parties will implement scientific and technological cooperation between researchers from UNIMELB and from the State of Sao Paulo, Brazil, through joint funding of collaborative research activities and projects as defined by Clause 2.
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, but not necessarily including all of the following activities:
a) 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;
b) 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 and UNIMELB, 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 will contribute to the preparation and submission of a joint research proposal.
c) Implementation of joint research projects on issues of common concern, exchanging knowledge and results.
3. Scientific Areas
Activities described in Clause 2 could be developed, in principle, in all areas of knowledge. Areas of mutual interest will be agreed to by the Joint Steering Committee and specified in each call 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 each country of the Parties and their own budget availability.
b) The Joint Steering Committee will consist of one representative from each of the Parties: the Joint Steering Committee will be responsible for the continuation of this Agreement and for drafting the joint calls 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 Steering Committee.
For each of the research projects that are approved, the University of Melbourne will fund research teams from UNIMELB, Australia and FAPESP research teams from Sao Paulo, Brazil, in all cases according to their national rules and regulations and budget availability.
UNIMELB will contribute with up to $AUD100,000 (one hundred thousand Australian Dollars) per year during 5 (five) years, and FAPESP will contribute with the equivalent in Brazilian Reais to up to $AUD100,000 (one hundred thousand Australian Dollars) per year during 5 (five) years, for funding of collaborative activities selected under this Agreement.
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, these actions 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.
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.
Either 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 made in writing and shall be sent to the following addresses:
This Agreement may be amended by mutual consent of both Parties and made official by Addenda.
a) Each Party covers its own administration costs regarding its contribution to the call, 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 21/03/13, in two original copies in English and Portuguese, both texts being equally authentic.
José Arana Varela
Chief Executive Officer