COOPERATION AGREEMENT FOR RESEARCH BETWEEN THE SÃO PAULO RESEARCH FOUNDATION AND THE NATIONAL RESEARCH FOUNDATION OF SOUTH AFRICA
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 National Research Foundation of South Africa, with headquarters at Meiring Naudé Road, Brummeria, Pretoria, represented by Dr Beverley Damonse, NRF, Acting Chief Executive Officer, hereinafter referred to NRF, and both hereinafter referred to as the “Parties”,
CONSIDERING the importance of promoting cooperation in scientific and technological research between South Africa and the Sao Paulo State, Brazil, and 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 to encourage new forms of collaboration between its research institutions;
WISHING to promote collaboration in scientific research and technological development in priority areas of interest to both parties, foresting bilateral cooperation;
Agree as follow:
Through this Cooperation Agreement, the Parties will implement scientific and technological cooperation between researchers from South Africa 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 its international obligations and domestic laws and other existing regulations through activities 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 from São Paulo and from South Africa, including but not limited to, scientific exchange visits, workshops and bilateral scientific seminars;
d) In case of scientific exchange, the Parties will give preference to 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 cooperation will be determined by the Steering Committee at the time of the development of joint calls for joint research proposals.
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) The Parties will appoint two representatives, one from each agency, which will form a Joint Steering Committee responsible for the continuation and implementation of this Agreement and for drafting the call for proposals.
c) For the elaboration of the actions, the Parties may provide, by agreement, the most appropriate procedures and mechanisms including: meetings, workshops, teleconferences, correspondence and other procedures.
d) 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.
e) The Parities may establish joint procedures for the submission and review of the proposals in case of mutual interest and the decision of the Steering Committee.
For each of the research projects that are approved, the NRF will assume the funding of research teams from South Africa and FAPESP of the research teams from the State of Sao Paulo, in all cases according to their national rules and regulations and budget availability.
The amount for funding joint collaborations will be determined by both Parties at the negotiation of each Call for Proposals and will be used to fund each selected proposal.
The number of proposals to be funded will be defined in each call for proposals. Subject to the availability of appropriated funds, each Party shall bear the costs of its own participation in cooperative activities.
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.
a) This Agreement shall be valid for a period of five (5) years from the date of its signing and may be extended by mutual agreement between the Parties in a written amendment to this Agreement.
b) The Party may terminate this Agreement by written notice, with a period of six months in advance.
c) 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 shall continue to fund such projects and programs until the agreed expiry or lawful termination of the same.
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
Attention: Scientific Director
Meiring Naude Road, Brummeria, Pretoria - South Africa
PO Box 2600, Pretoria, 0001
Attention: Executive Director: International Relations and Cooperation
This Agreement may be amended by mutual consent of the Parties and made official by an Addendum.
a) Each Party covers its own administration costs regarding its contribution to any 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 by them and shall be in writing. If no agreement is reached between the Parties, this Agreement will be terminated without liability to the Parties. However, the Parties shall agree on how to conclude any actions in progress at the date of notification of termination by either Party, and the Parties commit to honour their respective standing obligations undertaken prior to termination of this Agreement.
Signed in __________________ on ___ day of ______________, 20_____, in two original copies in English and Portuguese, both texts being equally authentic.
National Research Foundation
Dr. Beverley Damonse