COOPERATION AGREEMENT FOR RESEARCH BETWEEN SAO PAULO RESEARCH FOUNDATION AND THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE
The SAO PAULO RESEARCH FOUNDATION - 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 July 30, 2013, hereinafter referred to asFAPESP, and the UNIVERSITY OF NORTH CAROLINA – CHARLOTTE, referred to as UNC Charlotte. UNC Charlotte is part of the University of North Carolina system, a state government agency. UNC Charlotte’s academic programs are accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award baccalaureate, master’s, and doctorate degrees. UNC Charlotte is represented by Philip Dubois, Chancellor. Both FAPESP and UNC Charlotte are hereinafter referred to as "Parties”:
CONSIDERING the importance of promoting cooperation in scientific and technological research between USA and the State of Sao Paulo, 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 USA 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 and domestic laws and other existing regulations through mechanisms such as:
a) Implementation of joint research projects on issues of common concern, exchanging knowledge and results, to the extent permitted under the academic, research, and intellectual property policies of the parties;
b) 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;
c) Activities of scientific exchange that will help prepare the ground for the development of cooperative research projects between teams from São Paulo and from UNC Charlotte, 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 contribute to prepare the base for a joint research proposal.
3. Scientific Areas
The activities that will accomplish the purpose of this Agreement may be developed, in principle, in all areas of knowledge. Areas of interest can be specified by the Joint Steering Committee, in the calls for research proposals.
a) The Parties will establish one or more collaborative activities pursuant to Clause 2 above and in accordance with the scientific relevance and the laws and policies applicable to each of the Parties and their own budget availability.
b) The Parties will appoint one representative from each agency, which will form a Joint Steering Committee responsible for the continuation of this Agreement and for drafting the call for proposals.
c) To implement the activities, the Parties may provide, by written 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 and will set forth those decisions in writing.
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.
For each of the research projects that are approved by the Joint Steering Committee, UNC Charlotte will assume the funding of research teams from UNC Charlotte, and FAPESP will assume the funding of the research teams from the State of Sao Paulo, Brazil, in all cases according to their national rules and regulations and budget availability.
The Parties will contribute up to (50,000 USD) each for funding the projects selected under this Agreement.
6. Intellectual Property
a) The Parties agree that when the activities taken pursuant to this Agreement result in products of commercial value and intellectual property rights, they will be regulated by applicable national laws and international conventions in force. The Parties shall also comply with the Intellectual Property Policies of the Party responsible for the funding of the team that creates such products.
b) In the case of joint ownership of Intellectual Property, 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 and the intellectual property policies of each party.
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 affect 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:
Rua Pio XI, 1500 – Alto da Lapa
CEP 05468-901 – São Paulo / SP – Brasil
Att.: Scientific Director
(b) UNC Charlotte office of International Programs
9201 University City Blvd, Charlotte, North Carolina 28223, USA
Att.: Joël Gallegos, Assistant Provost for International Programs
This Agreement may be amended by mutual consent of the Parties and made official by written and signed 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 states and 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 may be resolved jointly by them and shall be in writing.
Signed in two original copies in English and Portuguese, both texts being equally authentic.
Date of signature: April 23rd, 2014