Memorandum of Understanding between FAPESP and Queen Mary University of London Versão em português
The SÃO PAULO RESEARCH FOUNDATION, 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. Marco Antonio Zago, in the exercise of the powers delegated by the Act of the Governor of the State of São Paulo, published in the Official Gazette of the State of September 29th, 2018, hereinafter referred to as FAPESP, and the QUEEN MARY UNIVERSITY OF LONDON, UK, a body corporate established by Royal Charter with number RC000710 having its registered office at Mile End Road, London E1 4NS , represented by its Vice Principal (International), Professor Colin Grant, hereinafter referred to as QMUL and both to as “Parties”.
CONSIDERING the importance of promoting cooperation in scientific and technological research between the United Kingdom and the state of Sao Paulo, 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 their research centers;
WISHING to promote collaboration initiatives in scientific research and technological development in priority areas of interest to both parties, fostering bilateral cooperation;
Agree as follows:
Through this Memorandum of Understanding (MoU), the Parties will implement scientific and technological cooperation between researchers from QMUL, UK, and from the state of São Paulo, Brazil, through the joint funding of 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 concern, exchanging knowledge and results;
b) Organization of scientific and technological seminars, specialized workshops, symposia and other scientific meetings of mutual interest, to promote interactions between institutions and research groups relevant to both Parties, 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 the state of São Paulo and from QMUL, including, but not limited to, scientific exchange visits, workshops and bilateral scientific seminars.
d) The Parties shall consider proposals that contribute to the basis for a joint research proposal.
(i) In case of scientific exchange, the Parties will appreciate proposals that contribute to prepare the base for a joint research proposal. Such joint research projects will be supported by separate detailed agreements made between both parties.
3. Scientific Areas
a) The activities mentioned in the second clause could be developed, in principle, in all areas of knowledge.
b) Areas of interest can be specified jointly by the appointed Steering Committee, in the calls for 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 Institution, who will form a Joint Steering Committee responsible for the continuation of this MoU and for drafting the call for joint proposals.
c) 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.
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 Parties may establish joint procedures for the submission and review of the proposals in case of mutual interest and decision of the Joint Steering Committee.
a) For each of the research projects that are approved, QMUL will assume the funding of research teams from QMUL, UK 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) The amount for funding necessary to support Collaborative Research Projects will be defined by the Joint Steering Committee in each Call for Proposals.
6. Intellectual Property
a) Any Intellectual Property rights owned by a Party before the date of this MoU will remain the property of that party. Nothing contained in this MoU will affect the absolute ownership of rights of any Party in such Party’s intellectual property rights. For the avoidance of doubt, no licenses are granted under this MoU.
b) The Parties agree that when the actions taken by virtue of this MoU result in products of commercial value and intellectual property rights, they will be regulated by national legislation and international conventions in force. Participants will also observe the Intellectual Property Policy of the Party responsible for the funding of their team.
c) 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) Each party shall keep confidential and not disclose to any person or institution or organisation any confidential information acquired by that party in connection with this MoU unless such information is already in the public domain, is required to be disclosed by law or any legal or regulatory authority, or the other party has previously received the prior written consent of the party for its disclosure.
b) The obligations of the parties under this clause 7 shall continue following the expiry or termination of this MoU.
c) FAPESP acknowledges that QMUL is subject to the requirements of the Freedom of Information Act 2000 (as amended from time to time) (the “FOIA”) and shall assist and co-operate with QMUL (on request and at each party’s own expense) to enable the QMUL to comply with the information disclosure requirements imposed on them by the FOIA.
8. Marketing and Publicity
a) In the event that either party wishes to use the name and/or logo of the other party for any purposes, such party shall obtain the written consent of the other party in advance.
b) The parties shall not publish any marketing material relating to this MoU without the prior written consent of the other party and undertakes that the wording for any marketing materials shall be agreed jointly between the parties prior to its use.
a) This MoU 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 document.
b) Either Party may terminate this MoU with six months’ advance written notice.
c) The termination of this MoU shall not prejudice the execution of the projects and programs that have been approved or the completion of the projects and programs that have already started. In such cases, the Parties shall keep the budgets from the projects and programs throughout their duration.
Any notice to be served to 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
Mile End Road
London, E1 4NS, United Kingdom
Att: Vice-Principal (International)
This Memorandum of Understanding 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 for Proposals, unless otherwise jointly decided.
b) This Memorandum of Understanding 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 Memorandum of Understanding.
Once this instrument has been signed the Parties shall conclude the Memorandum of Understanding with the effective date indicated herein in two original copies, in Portuguese and in English, both texts having the same effect, in accordance with their respective national legislation.