Versão em português

Agreement between FAPESP and West Virginia University


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 WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS ON BEHALF OF WEST VIRGINIA UNIVERSITY , hereinafter referred to as WVU, and both hereinafter referred to as “Parties”:

CONSIDERING the importance of promoting cooperation in scientific and technological research between USA and the Sao Paulo State, Brazil, wishing 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 initiatives and collaboration in scientific research and technological development in priority areas of interest to both Parties, fostering bilateral cooperation;

Agree as follow:

1. Purpose

Through this Cooperation Agreement (“Agreement”), the Parties will implement scientific and technological cooperation between researchers from WVU 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 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 WVU, 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 mentioned in the first item could be developed, in principle, in all areas of knowledge. The Parties will appoint two representatives – one from each agency – which will form a Joint Steering Committee responsible for the continuation of this Agreement and for drafting the call for proposals. Areas of interest can be specified by the Joint Steering Committee, in the calls for research proposals.

4. Implementation

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) 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.

c) 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.

d) The Parties may establish joint procedures for the submission and review of the proposals in case of mutual interest and the decision of the Steering Committee.

5. Funding

For each of the research projects that are approved, WVU will assume the funding of research teams from WVU and FAPESP of the research teams of Sao Paulo, Brazil, in all cases according to their national rules and regulations and budget availability.

The Parties will contribute with up to $100,000 US per year for funding the projects 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, they will be regulated by national legislation and international conventions in force. Participants should also observe the Intellectual Property Policy of their home institution. 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.

b) Neither Party shall use any trademarks, trade name, logos, trade dress, or other intellectual property of the other Party without the express written approval of that Party.

7. Term

Subject to section 10(b), 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.

8. Communications

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) WVU:
Vice President of Research
West Virginia University
Box 6216
Morgantown, WV 26506-6216

9. Modifications

This Agreement may be amended by mutual consent of the Parties and made official by written addenda.

10. Miscellaneous

a) Each Party covers its own administration costs regarding its contribution to the call for proposals, 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 shall comply with all applicable laws, rules, regulations, and ordinances including, but not limited to, export control regulations.

e) The Parties agree that this Agreement is produced in good faith, so that any dispute and/or interpretation arising there from in relation to its implementation, execution and compliance will be resolved jointly by them and shall be in writing. If no resolution is reached between the Parties, this Agreement will be terminated without liability to the Parties, who should agree how to conclude the actions in progress to date of notification of termination by either party.

f) The Parties agree that, as an essential proposition to any cooperative endeavor, all participants in programs created pursuant to this Agreement will be selected with equal opportunity for all persons in accordance with the policies of each party and without regard to the race, sex, age, national origin, religious affiliation, disability, veteran status, color, sexual orientation, or ancestry of participants or candidates for participation.

g) If any provision of this Agreement shall be held by any court or tribunal to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall remain in full legal force and effect.

h) This Agreement represents the entire agreement between the Parties.

i) This Agreement may be executed in multiple counterparts, each of which shall constitute an original and which, taken together, shall constitute one and the same Agreement.

Signed in Sao Paulo, Brazil on November, 5th, 2014, in two original copies in English and Portuguese, both texts being equally authentic.


Celso Lafer

E. Gordon Gee