COOPERATION AGREEMENT FOR RESEARCH BETWEEN SÃO PAULO RESEARCH FOUNDATION AND CONSEJO NACIONAL DE CIENCIA, TECNOLOGÍA E INNOVACIÓN TECNOLÓGICA, PERU
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, 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 as FAPESP, and the CONSEJO NACIONAL DE CIENCIA, TECNOLOGÍA E INNOVACIÓN TECNOLÓGICA (CONCYTEC), established by Law nº 28613, of September 23rd 2005, with headquarters at Av. Del Aire Nº 485, San Borja, Lima Province and Department, represented by its Director of Policies and Programs, MsC Juana Kuramoto, on behalf of its President, PhD Gisella Orjeda Fernández, designed by Supreme Resolution Nº 259-2012-PCM, identified with National Identification Document Nº 10839204, hereinafter referred to CONCYTEC 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 Peru 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, the CONCYTEC has the goal of ruling, conducting, orienting, fostering, coordinating, supervising and evaluating the actions of the State related to Science, Technology and Technological Innovation;
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 CONCYTEC 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 countries;
Agree as follow:
Through this Cooperation Agreement, the Parties will implement activities of scientific and technological cooperation between researchers from Peru and from the State of Sao Paulo, Brazil, through the funding of joint research projects.
The purpose of this initiative is to strengthen scientific collaboration in areas of interest to both countries 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 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;
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 of São Paulo and CONCYTEC, including but not limited to, scientific exchange visits, workshops and bilateral scientific seminars in both countries;
a. In case of scientific exchange, the Parties will prioritize proposals that contribute to prepare the base for a joint research proposal.
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 calls 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 country of the Parties and their own budget availability.
b) The Parties will appoint two representatives one from each agency, which will form a Joint Steering Committee responsible for drafting the call for proposals and for the continuation of this Agreement.
c) For the discussions on actions, the Parties may provide, by agreement, the most appropriate procedures including: mechanisms such as: delegation meetings, workshops, correspondence and other procedures.
d) 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 proposals, in particular the amounts that will be spent by each Participant to support the projects.
e) Each Party will review the proposals according to its own criteria and rules. After the review of the proposals, the Parties will decide in a meeting which proposals will be supported.
For each of the research projects that are approved, the CONCYTEC will assume the funding of research teams from Peru and FAPESP of the research teams of Sao Paulo, Brazil, in all cases according to their national rules and regulations and budget availability.
The amount for funding will be defined in each Call for Proposals and will be used to fund each selected proposal. The Parties expected to fund around five (5) in each Call for Proposals.
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, 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.
This Agreement shall be valid for a period of 5 (five) years from the date of its signing. The 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 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
Att.: Scientific Director
Av. Del Aire Nº 485, San Borja
Lima - Perú
Att: Office for Technical Cooperation and International Affairs
This Agreement may be amended by mutual consent of the 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.
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 September 17, 2014, in two original copies in each language, English, and Portuguese and Spanish, being all versions equally authentic and with same contents.