Collaboration Agreement between the FAPESP and Technische Universität Berlin 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, Professor 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 29 th, 2018, hereinafter referred to as FAPESP,
TECHNISCHE UNIVERSITÄT BERLIN , Straße des 17. Juni, 10623 Berlin, Germany, represented by its Vice President for Strategic Development, Junior Scholars, and Teacher Education, Professor Dr. Angela Ittel, hereinafter referred to as TU Berlin.
CONSIDERING FAPESP and TU Berlin both hereinafter referred to as “parties”.
CONSIDERING the importance of promoting cooperation in scientific and technological research between TU Berlin, Germany, and the State of São Paulo, 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 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 Collaboration Agreement, the parties will implement scientific and technological cooperation between researchers from TU Berlin, Germany, 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 a foundation for the development of cooperative research projects between teams from the state of São Paulo and from TU Berlin, including, but not limited to, scientific exchange visits, workshops and bilateral scientific seminars.
(i) In the case of scientific exchange, the parties value proposals that contribute to preparing a basis for a joint research proposal.
3. Scientific Areas
a) The activities mentioned in the second clause may be developed, in principle, in all areas of knowledge.
b) Areas of interest may 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 with the scientific relevance, national legislation in each party’s country, 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 Agreement and for drafting the call for joint proposals.
c) To exercise the actions, the parties may provide, by agreement, the most suitable procedures including mechanisms such as delegation meetings, workshops, correspondence, etc.
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 shall be supported.
e) The parties may establish joint procedures for the submission and review of the proposals in case of mutual interest and a decision by the Joint Steering Committee.
a) For each of the research projects that are approved, TU Berlin will assume the funding of research teams from TU Berlin, 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 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 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 endeavor in good faith 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 with a six months’ advance written notice.
c) The termination of this Agreement 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
(b) TU Berlin:
Technische Universität Berlin
Straße des 17. Juni 135
10623 Berlin, Germany
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 divergent interpretation in relation to its implementation, execution and compliance will be resolved jointly by them and shall be in writing.
b) The lack of settlement will result in the cancellation of the right of agreement, without liability to the parties, which nevertheless compromise to conclude the actions in progress upon the receipt of notification sent by the other party.
By signing this document, the parties shall conclude the agreement 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.
Agreement signed on March 13, 2020.