Research Collaboration Agreement Between FAPESP and CORNET 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 Dr Marco Antonio Zago, hereinafter referred to as FAPESP, and CORNET Collective Research Network, coordinated and represented by AiF Forschung Technik Kommunikation GmbH (hereinafter referred to as “CORNET”), represented by its CEO Jan Frederik Kremer, hereinafter referred to as Partner and both to as "Parties”.
CONSIDERING the importance of promoting cooperation in scientific and technological research between CORNET, and the State of São Paulo, Brazil, wishing to strengthen this cooperation on the basis of equality and mutual benefit;
WISHING to promote initiatives for collaboration in scientific research and technological development in priority areas of interest to both parties, fostering bilateral cooperation;
Agree as follow:
Through this Cooperation Agreement, the Parties will implement scientific and technological cooperation between researchers from countries in CORNET, and from the State of São 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 concern, including 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 the Parties 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, Brazil and from countries in CORNET, including but not limited to, scientific exchange visits, workshops and bilateral scientific seminars.
The Parties shall consider proposals that contribute to the basis for a joint research proposal.
Areas of interest can be specified jointly by the appointed Steering Committee, in the calls for research proposals.
a) In establishing methods of collaboration pursuant to Section 2 above, the Parties will do so in accordance with the scholarly relevance and the national legislation in Brazil and countries in CORNET, respectively, and each Party’s budget availability.
b) The Parties will each appoint one representative to serve on a Joint Steering Committee responsible for the continuation of this Agreement and for drafting the call for joint proposals (“Calls for Proposals”).
c) The Parties may agree to host delegation meetings, workshops, correspondence and other procedures, as applicable.
d) Each Party will receive and review the joint proposals according to its own criteria and rules. After the revision of the joint proposals, the Parties will decide which proposals will be supported.
The Parties may establish joint procedures for the submission and review of the proposals in case of mutual interest and the decision of the Joint Steering Committee.
a) For each of the research projects that are approved, the funding organizations in CORNET will assume the funding of research teams from the respective country and FAPESP of the research teams from the State of São Paulo, Brazil, in all cases according to their national rules and regulations and budget availability.
b) The amount of funding necessary to support Collaborative Research Projects will be defined by the Joint Steering Committee in each Call for Proposals.
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 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.
b) Either Party may terminate this Agreement by a six months’ advance written notice.
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 should keep their budget for the projects and programs during the term of their 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
AiF Forschung Technik Kommunikation GmbH
Bayenthalgürtel 23, 50968 Köln, Germany
Att: Felix Rotter
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 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.
11. Dispute Resolution
a) The Parties agree that this Agreement is produced in good faith, so that any dispute or interpretation arising therefrom in relation to its implementation, execution and compliance will be resolved jointly by them and shall be in writing.
b) If no agreement is reached between the Parties, this agreement 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 November 5, 2019 in two original copies in English and Portuguese, both texts being equally authentic.