Agreements
Research Collaboration Agreement Between FAPESP and Irish Research Council (IRC) 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 23rd, 1962, represented by its President, Prof. Dr. Marco Antonio Zago, in the exercise of the powers delegated by Act of the Governor of the State of São Paulo, published in the Official Gazette of the State, of September 29, 2018, hereinafter referred to as FAPESP, and the IRISH RESEARCH COUNCIL, an associated agency of Ireland’s Department of Education and Skills that operates under the aegis of the Higher Education Authority, established in mid-2012 following the merger of the Irish Research Council for Humanities and Social Sciences (IRCHSS) and the Irish Research Council for Science, Engineering and Technology (IRCSET), represented by its Director, Peter Brown, hereinafter referred to as IRC and both to as "Parties”:
CONSIDERING the importance of promoting cooperation in basic scientific research (1) between Ireland and the State of São Paulo, 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 regions and also to encourage new forms of collaboration between the research centers of both regions;
WISHING to promote initiatives for collaboration in basic scientific research in all scientific areas, fostering bilateral cooperation;
Agree as follow:
1. Purpose
Through this Research Collaboration Agreement, the Parties will endeavour to implement scientific cooperation between researchers from Ireland and from the State of São Paulo, Brazil, through a range of mechanisms that may include 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 implementation of joint research projects on issues of common concern, including exchanging knowledge and results.
3. Scientific Areas
The call for joint research projects is open for research projects in any scientific domain, as long as it covers basic scientific research.
4. Implementation
a) In establishing methods of collaboration pursuant to Section 2, above, the Parties will do so in accordance with the scientific relevance and the national legislation in Brazil and Ireland, 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 implementing a range of mechanisms for scientific cooperation, which may include drafting the call for joint proposals (“Call for Proposals”). Each “Call for Proposals” will include all necessary details i.e.; eligibility conditions, submission of proposals, evaluation process and criteria, financial aspects, intellectual property and timing.
c) The Parties may agree to host evaluation 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.
e) 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.
f) The Parties are committed to follow up, support, and evaluate the approved projects on a regular basis.
5. Funding
a) For each of the joint research projects that are approved, the IRC will assume the funding of research teams from Ireland 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 joint research projects will be defined for each call by the Joint Steering Committee and will be laid down in the common document “Call for Proposals”.
c) Each Party covers its own administration costs regarding its contribution to the Call for Proposals, unless otherwise jointly decided.
d) 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.
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. Term
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) The Parties may terminate this Agreement, though communication in writing, with a minimal prior notice of 6 months.
c) The termination of this Agreement should not affect the implementation of projects and programs that had begun implementation. In these cases, the Parties shall keep the projects’ and programs’ budgets throughout its duration.
8. Modifications
This Agreement may be amended by mutual consent of the Parties and made official by Addenda.
9. Communications
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:
(a) FAPESP:
Rua Pio XI, 1500 – Alto da Lapa
CEP 05468-901 – São Paulo / SP – Brasil
e-mail: dc@fapesp.br
Att.: Scientific Director
(b) IRC:
3 Shelbourne Buildings, Crampton Avenue,
Ballsbridge, Dublin 4,
D04 C2Y6,
Ireland
e-mail: info@research.ie
Att.: Director
10. Miscellaneous
a) The Parties shall maintain the highest ethical and legal standards in funding research under this Agreement.
b) The Parties agree that this Agreement is produced in good faith, so that any dispute and / 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. Neither party may use any identifying marks of the other without the express written permission of the other party.
Once the present instrument is signed, the Parties celebrate the Agreement, with effective date indicated here, n two original copies in English and in Portuguese, producing both texts equal effects, in accordance with the respective national legislation.
Date: 02/01/2019
(1) In this Agreement, the terms ‘science’ and ‘scientific’ are understood as referring to all research disciplines (including the Humanities and Social Sciences).