Memorandum on Cooperation between FAPESP and Japan Science and Technology Agency (JST) Versão em português

THE SÃO PAULO RESEARCH FOUNDATION - 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 n° 40.132, of May 23, 1962, by its President, Professor Marco Antonio Zago, hereinafter referred to as FAPESP, and the JAPAN SCIENCE AND TECHNOLOGY AGENCY, established by Act on the Japan Science and Technology Agency, of October 1, 2003, with headquarters at 4-1-8, Honcho, Kawaguchi-shi, Saitama, represented by its President, Dr. HASHIMOTO Kazuhito, hereinafter referred to JST, hereinafter referred to individually as a “Participant" and collectively as "the Participants”:

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

CONSIDERING the importance of promoting scientific and technological cooperation between Japan and the São Paulo State, Brazil, wishing to strengthen this cooperation on the basis of equality and mutual benefit;

CONSIDERING need to strengthen the links between the scientific communities of the two countries and also to encourage new forms of collaboration between its research centers;

WHEREAS, JST is one of the core institutions in charge of implementation of science and technology policy in Japan, ensuring that the fruits of researches are shared with society;

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 of the JST and FAPESP promote international competitiveness based on knowledge, research, technological development, innovation and social development; and

WISHING to promote initiatives of scientific collaboration and technological development in priority areas of interest to the Participants, fostering bilateral cooperation between the Participants,

Decide as follow:

Paragraph 1

The Signatories undertake to use their best efforts to implement and cooperate in the field of science and technology in accordance with the respective national laws in force and other regulations valid in both countries.

Paragraph 2

The Participants will cooperate in connection with the following types of work; the form, time, scale, field and content of which will be decided by the Participants through negotiations:

a) Support of cooperative research projects conducted by researchers of the two countries;

b) Support of joint seminars, symposia and other science and technology meetings;

c) Support of preparatory visits for planning and formulating cooperative activities; and

d) Other cooperative activities as decided by the Participants.

Paragraph 3

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

Paragraph 4

a) The Participants recognize that when the actions taken under this Memorandum result in products of commercial value and intellectual property rights, they will be regulated by national legislation and international conventions in force. Researchers should also observe the Intellectual Property Policy of the Participants in charge of the funding of their respective teams.

b) In the case of joint ownership of Intellectual Property, the Participants will in good faith endeavor to establish a joint ownership consensus regarding the allocation and terms of exercising that joint ownership, taking into account the relevant contributions of each Participant.

Paragraph 5

The present memorandum of cooperation will not generate binding legal effects as Signatories, and any disputes generated from the cooperation or were resolved amicably, in the administrative way, under penalty of maintaining the agreement programs, without prejudice to the execution and already approved or that have already started their initiation. Paragraph 6

This Memorandum may be modified by mutual consent of the Participants and made official by Addenda.

Paragraph 7

This Memorandum will continue for a period of five (5) years from the date of its signing. A Participant may terminate this Memorandum by written notice, with a period of six months in advance.

The discontinuation of this Memorandum will not bring harm to the implementation of projects and programs already approved or which had already started, in which case the Participants should keep their budget for the projects and programs during the term of its continuation.

Signed on June 26, 2022, in two original copies in English, Portuguese, and Japanese, all the three texts having equal values. If there are any conflicts or inconsistencies among these three texts, the English version will prevail.