Memorandum of Understanding Between FAPESP and French Foundation for Research on Biodiversity Versão em português
The SAO 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; and the FRENCH FOUNDATION FOR RESEARCH ON BIODIVERSITY a foundation for scientific cooperation, with headquarters at 195 rue Saint-Jacques, 75005 Paris, France, represented by its President Denis Couvet , hereinafter referred to as FRB;
FAPESP and FRB both hereinafter referred to as “Parties”:
Considering the importance of supporting biodiversity research and enabling actors in society to act with this,
Considering the importance of promoting cooperation in scientific research between FRB, France, and the state of Sao Paulo, Brazil,
Wishing to strengthen this cooperation and the links between both French and Brazilian scientific communities, on the basis of equality and mutual benefit,
Wishing to promote collaborative initiatives in the areas of biodiversity,
Agree as follows:
Through this Memorandum of Understanding, the Parties will develop scientific cooperation in the areas of biodiversity research.
2. Methods of Collaboration
The Parties will promote such collaboration, observing their international obligations and domestic laws and other existing regulations through common actions such as:
a) Implementation of joint research projects on issues of common concern, through joint international call for proposals;
b) Organization of scientific seminars, workshops, symposia and other scientific meetings of mutual interest, to promote the scientific research on biodiversity;
c) Valorization and transfer of knowledge about biodiversity.
3. Scientific Areas
The actions mentioned above may be developed in the field of biodiversity research.
Areas of interest may be more specified jointly by the appointed Steering Committee, for each of the action implemented.
a) Research actions will be implemented within the framework defined in clause 2 according to national legislation in each country of the Parties and in compliance with their own budget availability.
b) The Parties will appoint one representative from each Institution who will form a Joint Steering Committee, in charge of the development and the implementation of each joint action.
c) The Parties shall provide, by means of a specific agreement to each action implemented, for the most appropriate procedures concerning in particular:
- funding terms and conditions,
- terms of joint actions management and follow-up procedures for call for projects (launch, submission, review, selection, etc…).
The financial participation of the Parties will be defined by the Joint Steering Committee for each joint action through specific agreements, in accordance with national regulations and budgetary availability of the Parties.
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.
7. Confidentiality and publications
As a general rule both Parties agree to handle confidentiality and publications in future cooperative actions and joint research projects as follows:
- The Parties undertake to keep all information communicated and identified as confidential by the other Party strictly confidential for the duration of cooperative activities and joint research projects, and for three years after their completion.
- Publications related to the work carried-out in common within the cooperative actions and joint research projects shall mention, for acknowledgement purposes, in peer-reviewed publications or any other medium of publication: “ This research is product of the project ACRONYM OF THE PROJECT co-funded by the Sao Paulo Research Foundation (FAPEPS) and the French Foundation for Research on Biodiversity (FRB).”
If needed, more detailed conditions related to confidentiality, publications and communication of each joint action may be added through their specific agreements.
a) This Memorandum of Understanding shall be valid for a period of 3 (three) years from the date of its signing and may be extended by mutual written agreement between the Parties.
b) Either Party may terminate this Memorandum of Understanding by a six months’ advance written notice.
c) The termination of this Memorandum of Understanding 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:
(a) FAPESP: Rua Pio XI, 1500 – Alto da Lapa, CEP 05468-901 – São Paulo/SP – Brazil
e-mail: email@example.com, Att.: Scientific Director
(b) FRB: 195 rue Saint-Jacques 75005 Paris - France
e-mail: firstname.lastname@example.org, Att.: President
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 each joint projects, unless otherwise jointly decided.
b) This Memorandum of Understanding is subject to the availability of 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.
12. Dispute Resolution
a) The Parties agree that this Memorandum of Understanding 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 mater in the cancellation of the 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.
Memorandum of Understanding signed on April 30, 2021.