COOPERATION AGREEMENT FOR RESEARCH BETWEEN SAO PAULO RESEARCH FOUNDATION AND THE UNIVERSITY COURT OF THE UNIVERSITY OF GLASGOW
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 University Court of the UNIVERSITY OF GLASGOW, incorporated under the Universities (Scotland) Act 1889 and having its principal office at University Avenue, Glasgow G12 8QQ, Scotland, UK, a registered Scottish charity (Charity Number SC004401, Charity Name “University of Glasgow Court”), represented by its Principal and Vice-Chancellor, Prof. ANTON MUSCATELLI), hereinafter referred to referred to “UoG” and both hereinafter referred to as “Parties”:
CONSIDERING the importance of promoting academic cooperation between researchers from the UoG, Scotland, United Kingdom and from the State of Sao Paulo, Brazil, the Parties wish to strengthen this cooperation on the basis of equality and mutual benefit;
CONSIDERING need to strengthen the links between the academic communities of both Parties and also to encourage new forms of collaboration between its research centres;
WISHING to promote collaborative initiatives in academic research in priority areas of interest to both Parties, fostering bilateral cooperation;
Agree as follow:
Through this Cooperation Agreement, the Parties will implement academic cooperation between researchers from the UoG 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 their international obligations and domestic laws and other existing regulations through mechanisms such as:
a) Implementation of joint research projects on issues of common interest, exchanging knowledge and results;
b) Organization of seminars, specialized workshops, symposia and other research meetings of mutual interest, to promote interaction between institutions and research groups relevant to both Parties, with the goal of identifying future areas for cooperation;
c) Activities of research exchange that will help to facilitate the development of cooperative research projects between teams from the State of São Paulo and from the UoG, including but not limited to, research exchange visits, workshops and bilateral research seminars;
a. In the case of research exchange, the Parties will encourage proposals that contribute to the preparation of future joint research proposals.
3. Research Areas
The activities contemplated in Clause 2 above could be developed, in principle, in any area of knowledge. Areas of interest can be specified by the Steering Committee, in the calls for research proposals.
a) The Parties will establish one or more activities pursuant to Clause 2 and in accordance with each Party’s national legislation and their own budget availability.
b) The Parties will appoint at least two representatives, one from each organization, who will form a joint steering committee responsible for overseeing this Agreement and for drafting and managing any calls for proposals (the “Steering Committee”).
c) In order to implement effectively the activities contemplated by Clause 2, the Parties will determine the most appropriate procedures and mechanisms, including: meetings, workshops, teleconferences, correspondence and other procedures.
d) Each Party will receive and review any proposals submitted in response to a call for proposal according to its own criteria and rules. After reviewing the proposals, the Parties will decide in a meeting (the attendees at which shall be determined at that time by the Parties) which proposals will be supported.
e) The Parties may decide to establish joint procedures for the submission and review of the proposals in cases of mutual interest and on the recommendation of the Steering Committee.
a) For each of the research projects that are approved, the UoG will assume the funding of research teams from the UoG, 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.
b) Under this Agreement, UoG will contribute up to £100,000.00 (one hundred thousand pounds sterling) and FAPESP will contribute with the equivalent in Brazilian Reais to up to £100,000.00 (one hundred thousand pounds sterling) for funding of collaborative research activities under this Agreement.
6. Intellectual Property
a) Subject to Clause 6(b) below, the Parties agree that the results, and any intellectual property rights contained therein, of a research project entered into as a result of this Agreement will be jointly owned between the UoG and FAPESP and/or the relevant São Paulo host institution and that the Parties will, in good faith, endeavor to establish an appropriate joint ownership agreement regarding the allocation and terms of exercising that joint ownership, taking into account the relevant contributions of each Party.
b) The Parties may decide to enter into individual research collaboration agreements for specific research projects. The Parties hereby agree and acknowledge that such agreements may contain provisions in respect of ownership of results (and any intellectual property rights contained therein) that are different from those specified in Clause 6(a) above, and may require to take account of each Party’s Intellectual Property Policy and/or applicable legislation.
a) This Agreement shall be valid for a period of 5 (five) years from its date of signature and may only be extended by mutual agreement between the Parties in a written amendment to this Agreement.
b) Either Party may terminate this Agreement by giving the other Party no less than six (6) months written notice.
c) The termination of this Agreement shall not affect any research projects and programs that have either already been approved or which have already started at the date of termination, in which case the Parties shall continue to fund such projects and programs until the agreed expiry or lawful termination of the same.
8. Communications and Notices
a) The Parties acknowledge the benefits of generating positive publicity. However, they each agree that neither Party will make any press announcement or public statement about any proposals or about this Agreement unless agreed otherwise with the other Party.
b) 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
Glasgow G12 8QQ, Scotland, UK
Att.: Secretary of Court
This Agreement may be amended by mutual consent of the Parties and made official by Addenda.
a) Each Party shall cover its own administration costs regarding its contribution to any call for proposal, unless otherwise agreed by the Parties.
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 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 on___/___/_____, in two original copies in English and Portuguese, both texts being equally authentic and presenting the same content.
FAPESP University of Glasgow
Celso Lafer Anton Muscatelli
President Principal and Vice-Chancello