Memorandum on Cooperation between Sao Paulo Research Foundation and Japan Science and Technology Agency
THE SÃO 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, 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 as FAPESP, and the JAPAN SCIENCE AND TECHNOLOGY AGENCY , established by Act on the Japan Science and Technology Agency, of October 1, 2003, with headquarters at 4-1-8, Honcho, Kawaguchi-shi, Saitama, represented by its President, Dr. MICHIHARU NAKAMURA, hereinafter referred to JST and both hereinafter referred 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;
CONSIDERING the importance of promoting scientific and technological cooperation between Japan and the Sao Paulo State, 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;
WHEREAS, JST is one of the core institutions responsible for implementation of science and technology policy in Japan, ensuring that the fruits of researches are shared with society;
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 JST 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 both parties, fostering bilateral cooperation between both Parties;
Agree as follow:
The Parties shall cooperate in the field of science and technology in accordance with the respective laws and regulations of the two countries.
The Parties shall cooperate in connection with the following types of work; the form, time, scale, field and content of which shall be agreed upon by the Parties through negotiations:
a) Support of cooperative research projects conducted by researchers of both countries;
b) Support of joint seminars, symposia and other science and technology meetings;
c) Support of personnel exchanges in intellectual property rights, science communication, science education, etc, i.e., invitations and dispatches;
d) Support of preparatory visits for planning and formulating cooperative activities; and
e) Other cooperative activities as agreed upon by the Parties.
For each of the research projects that are approved, JST will assume the funding of Japanese research teams 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.
a) The Parties agree that when the actions taken by virtue of this Memorandum 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.
Wherever possible, the Parties shall settle amicably any discrepancies and disputes arising from cooperation under this Memorandum on Cooperation.
This Memorandum may be amended by mutual consent of the Parties and made official by Addenda.
This Memorandum shall be valid for a period of 5 (five) years from the date of its signing. The Party may terminate this Memorandum by written notice, with a period of six months in advance.
The termination of this Memorandum 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.
Signed in Sao Paulo, Brazil on August 2, 2014, in three original copies in English, Portuguese and Japanese, all the three texts being equally authentic.