COOPERATION AGREEMENT FOR RESEARCH BETWEEN FUNDAÇÃO DE AMPARO À PESQUISA DO ESTADO DE SÃO PAULO AND UNIVERSITY OF CAMBRIDGE
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, 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 Chancellor, Masters and Scholars of the University of Cambridge, of The Old Schools, Trinity Lane, Cambridge, CB2 1TT, UK, hereinafter referred to as the University, represented by the Head of the School of Biological Sciences Professor DUNCAN MASKELL, hereinafter referred to as "Parties”:
CONSIDERING the importance of promoting cooperation in scientific and technological research between the United Kingdom and the State of Sao Paulo, Brazil, the Parties wish 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 its research centers;
WISHING to promote collaborative initiatives 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 of the University and of the State of Sao Paulo, Brazil, through the funding of joint research projects.
2. Methods of Collaboration
The Parties will promote such collaboration, whilst observing their international obligations and domestic laws and other existing regulations through mechanisms including , but not limited to:
2.1 Implementation of joint research projects on issues of common interest, exchanging knowledge and results;
2.2 Organisation of scientific and technological seminars, specialised 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;
2.3 Scientific exchanges that will help prepare the ground for the development of cooperative research projects between teams of São Paulo and the University, including but not limited to, scientific exchange visits, workshops and bilateral scientific seminars;
i ) In case of scientific exchanges, the Parties will encourage proposals that contribute to the preparation of future joint research proposals.
3. Scientific Areas
The activities contemplated in clause 2 above will initially be developed within remit of the School of Biological Sciences at the University.
4.1 The Parties will establish one or more activities pursuant to Second Clause and in accordance with the scientific relevance and each Party’s national legislation and their own budget availability.
4.2 The Parties will appoint two representatives, one from each organisation, who will form a joint Management Committee responsible for overseeing this Agreement and for drafting and managing any calls for proposals.
4.3 The Parties will decide on the most appropriate procedures for implementing the activities contemplated in Second Clause including mechanisms such as: delegation meetings, workshops, correspondence and other procedures.
4.4 Each Party will receive and review any proposals submitted in response to a call for proposals according to its own criteria and rules. After reviewing the proposals, the Parties will decide in a meeting, the membership of which will be determined between the Parties, which proposals will be supported.
4.5 The Parities may decide to establish joint procedures for the submission and review of proposals in cases of mutual interest and on the recommendation of the Management Committee.
5.1 For each of the research projects that are approved, the University will assume the funding of research teams from the University and FAPESP of the research teams of Sao Paulo, Brazil, in all cases according to their national rules and regulations and budget availability.
5.2 The University will contribute up to £30,000.00 (Thirty Thousand Pounds Sterling) and FAPESP will contribute with the equivalent in Brazilian Reais to up to £30,000.00 (Thirty Thousand Pounds Sterling) for funding of collaborative activities under this Agreement.
6. Intellectual Property
6.1 Subject to clause 6.2 below, the Parties agree that the results, and any intellectual property contained therein, of a research project will be owned jointly between the University and FAPESP and/or the São Paulo host institution and that the 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.
6.2 The Parties may, however, decide to enter into individual research collaboration agreements for specific research projects. It is expressly agreed between the Parties that such agreements may specify different terms relating ownership of results, and any intellectual property contained therein, from those specified in clause 6.1 since observed the IP policy of each Part, as well the legislation about the subject.
7.1 This Agreement shall be valid for a period of 3 (three) years from the date of signature and may only be extended by mutual agreement between the Parties in an written amendment to this Agreement.
7.2 Either Party may terminate this Agreement by giving the other Party 6 (six) months written notice.
7.3 The termination of this Agreement shall not affect those research projects and programs that have either already been approved or which have already started, and the Parties will continue to fund these projects and programmes until the agreed end date of such projects and programs.
8. Communications and Notices
8.1 The Parties acknowledge the merits of positive publicity but recognise that neither Party should make any press announcement or public statement about the proposals or this Agreement which has not been agreed in advance by the other Party.
8.2 Any notice to be served on either Party 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
For the University:
Research Operations Office
16 Mill Lane
Att.: Assistant Director Biological Sciences
This Agreement may only be amended by mutual consent of the Parties and made official by a written amending agreement.
10.1 Each Party will cover its own administration costs regarding its contribution to the call, unless otherwise agreed between the Parties.
10.2 This Agreement is subject to the availability of funds in the budgets of the Parties and the applicable laws and regulations of their respective countries.
10.3 The Parties shall maintain the highest ethical and legal standards in funding research activities under this Agreement.
10.4 The Parties agree that this Agreement is entered into in good faith, and that any dispute and / or issues of 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 Agreement will be terminated without any liability to the Parties, who will agree how to conclude the activities in progress at the date of notification of termination by either Party.
Signed in Cambridge, United Kingdom, on September 2nd, 2013 in two original copies in English and Portuguese, both texts being equally authentic and presenting the same content.
THE CHANCELLOR, MASTERS AND SCHOLARS OF THE UNIVERSITY OF CAMBRIDGE
Professor Duncan Maskell
Head of School of Biological Sciences