COOPERATION AGREEMENT FOR RESEARCH BETWEEN SAO PAULO STATE FOUNDATION AND AUSTRALIAN NATIONAL UNIVERSITY
The SAO PAULO STATE 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 Australian National University, A.B.N. 52 234 063 906, CRICOS Provider Number 00120C, an institution pursuant to the Australian National University Act 1991 (Cth), in the Australian Capital Territory, 0200, Australia, represented by its Vice-Chancellor and President, Prof. Ian Young, hereinafter referred to as ANU and both to as "Parties”.
CONSIDERING the importance of promoting cooperation in research between ANU, Australia, and the State of São Paulo, Brazil, wishing to strengthen this cooperation on the basis of equality and mutual benefit;
CONSIDERING the desire to strengthen 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 follows:
Through this Cooperation Agreement, the Parties will implement research cooperation between researchers from ANU and from the State of São Paulo, Brazil, through the funding of joint 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;
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; and
c) activities of research exchange that will help prepare the ground for development of cooperative research projects between teams from the State of São Paulo and from The Australian National University, including but not limited to, research exchange visits, workshops and bilateral research seminars;
(i) the Parties will appreciate proposals that contribute to preparing the basis for joint research proposals.
3. Research Areas
The activities mentioned in the first item could be developed, in principle, in all areas of knowledge. Areas of interest can be specified in the calls for research proposals.
a) The Parties will establish one or more actions according to Clause 2 and in accordance with the research relevance and the national legislation in each country of the Parties and their own budget availability.
b) The Parties will appoint two representatives one from each Party, which will form a Joint Steering Committee responsible for the continuation of this Agreement.
c) For 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.
d) Any collaborative arrangements set up under the framework of this Cooperative Agreement will be the subject of specific formal agreements. In the event that subsequent agreements are signed by each institution to govern specific collaborative research projects, then the terms and conditions of these agreements supplement and prevail over this Cooperative Agreement.
e) Each Party will receive and review proposals according to its own criteria and rules. After review of proposals, the Parties will decide in a meeting which proposals will be supported.
f) The Parties may establish joint procedures for the submission and review of proposals in case of mutual interest and decision of the Steering Committee.
For each research project that is approved, ANU will assume responsibility for funding research teams from ANU and FAPESP for research teams from the State of São Paulo, Brazil, in all cases according to their respective national rules and regulations and budget availability.
The Parties will contribute equal funds from each side to fund 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 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 endeavour 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 and may be extended by mutual agreement between the Parties in a written amendment to this Agreement.
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 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
Office of the Vice-Chancellor
The Australian National University
Acton, ACT 0200, Australia
Att.: Pro-Vice-Chancellor (International and Outreach)
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.
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 will be resolved jointly 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 actions in progress to date of notification of termination by either party.
Signed in two original copies in English and Portuguese, both texts being equally authentic.
Celso Lafer – President
AUSTRALIAN NATIONAL UNIVERSITY
Ian Young – Vice-Chancellor and President