Cooperation Agreement between FAPESP And The Royal Institution for The Advancement of Learning/Mcgill University Versão em português

FUNDAÇÃO DE AMPARO À PESQUISA DO ESTADO DE SÃO PAULO (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 no. 40.132, of May 23, 1962, represented by its President, Professor Marco Antonio Zago , hereinafter referred to as FAPESP, and THE ROYAL INSTITUTION FOR THE ADVANCEMENT OF LEARNING/ MCGILL UNIVERSITY, hereinafter referred to as McGill, founded in 1821, represented by Professor Christopher Manfredi, Provost and Vice-Principal Academic, hereinafter referred to as "Parties":

CONSIDERING the importance of cooperation in science and technology as a key factor for increasing competitiveness, developing social and economic systems, as well as the improvement of socio-economic standards of living;

CONSIDERING the importance of promoting scientific and technological cooperation between Canada and the São Paulo State, 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 to encourage new forms of collaboration between its research centers;

WHEREAS, McGill is a leading institution of higher education and research located in Montreal, Canada, and comprises 10 faculties and 13 professional schools that offer more than 300 programs to more than 27,600 undergraduate students, and more than 300 programs to more than 10,700 graduate students and postdoctoral fellows;

WHEREAS , among the aims of FAPESP strategy for the scientific and technological development of the State of São Paulo, Brazil, is the intensification of international scientific cooperation;

WHEREAS , the research programs at McGill and FAPESP promote international cooperation and exchange based on knowledge, research, technological development, innovation and social development;

WISHING to promote initiatives of scientific collaboration and technological development in priority areas of interest to both parties, fostering bilateral cooperation between both countries;

The Parties now agree as follows:

1. Purpose

Through this Cooperation Agreement, the Parties will implement scientific and technological cooperation between researchers from McGill and from the State of São Paulo, Brazil, through the funding of joint research projects.

The purpose of this initiative is to strengthen scientific collaboration in areas of interest to both McGill and FAPESP and to achieve scientific and technological results of international significance that promote technological innovation and socio-economic development, on the basis of equality and mutual benefit.

2. Methods of Collaboration

The Parties will promote such collaboration, observing its international obligations, national and provincial, 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 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 groundwork for the development of cooperative research projects between teams of São Paulo and McGill, including but not limited to scientific exchange visits, workshops and bilateral scientific seminars in both countries;

a. In case of scientific exchange, the Parties will consider proposals that contribute to prepare the base for a joint research proposal.

d) The mobility of young scientists in post-doctoral and graduate programs by facilitating the use of existing funds such as those available under training programs and research grants.

3. Implementation

a) To implement this Agreement, the Parties will establish actions according to Clause 2 and in accordance with national legislation in each country of the Parties and their own budget availability.

b) The Parties will each appoint two representatives who will form a Joint Steering Committee responsible for drafting any calls for proposals and for the continuation of this Agreement.

c) Each Party will review the proposals according to jointly agreed upon criteria. After the independent revision of the proposals, the Parties will jointly decide in a meeting which proposals will be supported.

d) Participants under this Agreement will be selected on the basis of merit without regard to race, national or ethnic origin, color, religion, age, sex, marital status, physical handicap, or sexual orientation. Nevertheless, both Parties recognize the importance of equity, diversity, and inclusion in performance of representative science and innovation. FAPESP and McGill University will each accept the participants selected by the other Party if mutually acceptable academic and/or professional qualifications and standards are met. All participants will be treated in the same non-discriminatory manner in carrying out the provisions of this Agreement, subject to the provisions of the policies and requirements of each of the institutions. Any violation of these principles will be considered grounds for terminating this Agreement.

4. Funding

For each of the research projects that are approved, McGill will assume the funding of research teams from McGill and FAPESP of the research teams from the State of São Paulo, Brazil, in all cases according to their institutional rules and regulations and budget availability.

The funding could be used toward the costs of research and innovation expenses, workshops expenses, fellowships for graduate students and post-doctoral fellows, and travel expenses.

5. Intellectual Property

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, observing, for FAPESP or McGill, its own rules and procedures.

All information and/or research materials held prior to the commencement of or outside the scope of any specific programme or activity that is provided to a collaborator shall remain the property of the originating Party. Such information and/or research materials shall not be disclosed to any third party or used for any purpose other than the specific activity or programme hereunder without prior written consent from the originating Party.

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.

6. Term

This Agreement shall be valid for a period of five years from the date of its signature. Either Party may terminate this Agreement by written notice to the other Party, six months in advance of any change.

The termination of this Agreement shall not bring harm to the implementation of projects and programs already approved and which have already started, in which case the Parties will keep their budget for the projects and programs during the term of its validity.

7. Communications

Any notice to be served on either of the Parties by the other shall be sent by international courier or by email and shall be deemed to have been received by the addressees within 14 days of posting or 24 hours if sent by email to the correct address. Notice shall be sent to the following addresses:

Rua Pio XI, 1500-Alto da Lapa
CEP 05468-901-São Paulo/SP-Brasil
Att: Luiz Eugênio Mello, Scientific Director

Office of the Vice-Principal (Research and Innovation)
James Administration Building, Room 419
845 Sherbrooke Street West
Montreal, Quebec- H3A OG4 CANADA
Att: Martha Crago, Vice-Principal (Research and Innovation)

8. Modifications

This Agreement may be amended by mutual consent of the Parties and made official by Addenda.

10. Miscellaneous

a) Each Party covers its own administration costs regarding its contribution to the 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 and monitor their standard performance under this Agreement.

The Parties agree that this Agreement is produced in good faith, so that any dispute and I 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.

The parties agree to sign two (2) copies of this Agreement in Portuguese and two (2) in English.

Should any discrepancies exist between the Portuguese version and the English version of this Agreement, the English version shall take precedence.

Agreement signed on March 25, 2021.