Agreements
Agreement between FAPESP and The Academy of Finland (AKA) Versão em português
CO- OPERATION AGREEMENT BETWEEN THE SÃO PAULO RESEARCH FOUNDATION (FAPESP) AND THE ACADEMY OF FINLAND (AKA)
The São Paulo Research Foundation (FAPESP) a juridical person of public law, established under the authorization of State Law number 5.918 of 18 October, 1960, with Statutes approved by State Decree number 40.132 of 23 May, 1962, with head office at Rua Pio XI, 1500, Alto da Lapa, São Paulo, SP, hereinafter designated as FAPESP and hereby represented by its President, Professor Celso Lafer, Ph.D., with special address as stated above for FAPESP,
and
The Academy of Finland (AKA), instituted by the Act on the Academy of Finland (27.5.1994/378), in this act represented by its President, Prof. Dr. Markku Mattila, in the use of the faculties conferred by Decision 8.12.2006, 158/111/2006 of the President of the Republic of Finland, henceforth called Parties,
Recognising the importance of fostering scientific co-operation between Brazil and Finland
and desiring to strengthen this co-operation on the basis of mutual benefit,
Have agreed as follows:
FIRST CLAUSE
ON THE OBJECT
The Parties commit themselves to develop and strengthen their collaboration in the field of scientific research, in accordance with their own programmes and those jointly approved. Such collaboration will be carried out through the development of projects and activities, which will integrate the scientific co-operation programme under this Agreement, as defined by the Parties and in conformity with their internal rules.
SECOND CLAUSE
ON THE CO-OPERATION FORMS
The Parties will promote such co-operation, in conformity with their international responsibilities and with the national legislation and other rules into force in their respective countries, for example through the following mechanisms:
a) support of joint research projects mutually agreed upon;
b) support of mobility of researchers and scientists (hereinafter called “specialists”) within joint research projects;
c) organization of scientific seminars, workshops, symposia and other meetings of mutual interest, so as to promote the interaction between relevant research groups of both countries, with a view to identifying the themes for joint calls for proposals (CFP);
c.1) the CFP's should be based on the guidelines in Annex I to this Agreement;
d) information exchanges of joint R&D policies and strategies.
FIRST SUB-CLAUSE Besides the above-mentioned mechanisms, the Parties can develop their co-operation by means of other existing instruments or programmes of their own.
SECOND SUB-CLAUSEThe opportunities of co-operation with other countries and regional blocs will be appreciated by the Parties.
THIRD CLAUSE
ON THE FORMALIZATION OF THE COOPERATION
In order to implement this Agreement, both Parties agree to establish a scientific co-operation programme by means of meetings of delegations of both Parties or through the exchange of correspondence.
FIRST SUB-CLAUSE The necessary mechanisms for the planning and implementation of a scientific co-operation programme carried out under this Agreement will be established by means of exchange of correspondence between the Parties, in conformity with their internal rules. These mechanisms will be effective after the proponent has received a clear acceptance from the other Party.
SECOND SUB-CLAUSEThe scientific co-operation programme should be reviewed periodically and should state the preferential areas for the co-operation, as well as the actions to be developed and the necessary mechanisms for their planning and execution.
FOURTH CLAUSE
ON THE USE OF BIODIVERSITY
In the case of bilateral activities that involve the use of biodiversity the Parties agree to observe their respective national legislation.
FIFTH CLAUSE
ON THE INTELLECTUAL PROPERTY
The Parties agree that any intellectual property rights, accrued in the process of implementing this Agreement, will be subject to regulations and laws applicable in each country, as well as to international conventions on intellectual property rights to which both countries are parties and the clauses and conditions here established.
FIRST SUB-CLAUSE For each selected proposal to be supported, FAPESP and AKA recommend that the host institutions in São Paulo, Brazil, and in Finland enter in an agreement (IP Agreement) regarding the sharing of the Intellectual Property that might be created during the project implementation.
SIXTH CLAUSE
ON THE FINANCING OF PROGRAMMES AND PROJECTS
Each Party shall take the necessary measures to obtain the financial means to ensure the execution of the approved programmes and projects. These financial means will be part of the mechanisms mentioned in the First Sub-Clause of the Third Clause.
SUB-CLAUSE Both Parties agree that each Party will fund costs of its own specialists, according with their financial availability. The FAPESP will fund the travel costs, daily allowances, health insurance and internal transportation in the target country. AKA will fund inter alia the salary, travel costs, daily allowances and internal transportation in the target country. The host Party shall not be responsible for any reimbursement concerning medical assistance or any other costs from the specialists of the other Party.
SEVENTH CLAUSE
ON THE PROHIBITION OF LABOUR RELATIONSHIP
The visiting specialists must not develop any kind of activity, unless related to their mission and no labour relation can be established between the visiting specialists and the host and funding institutions, neither can the host or funding institution substitute the origin institution for labour and subordination effects.
EIGHT CLAUSE
ON THE REPRESENTATIVES
The Parties shall nominate representatives, who will be responsible for the co-ordination, execution and follow-up of the activities related to this Agreement and for the negotiations and correspondence exchanges between the Parties. Both Parties commit themselves to maintain these representatives enabled to fulfil their responsibilities, according to this Clause, and to communicate immediatelyto the other Party whenever its representative is changed or substituted.
NINTH CLAUSE
ON THE VALIDITY AND DENOUNCEMENT
This Agreement shall become effective on the date of its signature and shall be valid for a period of 5 (five) years and will be automatically renewed for equal periods unless one of the Parties informs the other in writing of its decision to denounce it. The denunciation will be effective six months after the date of receipt of its notification.
SUB-CLAUSE The denouncement of this Agreement shall not affect the programmes and projects undertaken in the scope of this Agreement and not totally concluded at the moment of its expiration. In this case, the Parties will provide, in their budgets, funds for the full completion of the projects not totally concluded.
TENTH CLAUSE
ON THE AMENDMENTS
This Agreement may be amended by mutual consent of the Parties by exchange of correspondence. The amendments agreed upon will be in force on the date that the reply letter to the amendments proposed is received.
ELEVENTH CLAUSE
ON THE CONTROVERSIES
Any controversy, which may arise during the implementation of this Agreement, shall be solved by means of negotiation or exchange of correspondence between the Parties.
Done at São Paulo/Finland, on the 16th of February, 2012, in two originals, in English language.
FOR THE SÃO PAULO RESEARCH FOUNDATION – FAPESP:
Celso Lafer
President
FOR THE ACADEMY OF FINLAND – AKA:
Markku Mattila
President
ANNEX I
Guidelines for JOINT CALLS FOR JOINT RESEARCH PROJECTS
This Guidelines can be adjusted as necessary by written agreement between Parties’ Representatives
The Academy of Finland and São Paulo Research Foundation, hereafter referred to as the Parties, have concluded the following Guidelines concerning Joint Calls for Joint Research Proposals.
Joint call
The Parties launch a joint call for joint research proposals of research themes in the fields agreed between AKA and FAPESP. The call will be arranged according to the details listed below.
Objectives of the call
Objectives of the call to be defined by AKA and FAPESP jointly.
Sub-themes of the call
The sub-themes of the call are defined by AKA and FAPESP jointly.
Timetable
The Parties shall agree on the timetable of the call, notably:
- The opening of the call
- The closure of the cal
- The scientific evaluations
- The funding decisions
- The start of the joint research projects
Research field(s) and theme(s) for next joint calls shall be agreed by a letter six months before opening a call.
Applications
The scientists from State of São Paulo and from Finland draft a joint project application. The application will include a joint research plan drafted by the both research teams, as well as the appendices listed below.
Each application shall include at least the following appendices (in English):
- Joint abstract (no more than one page in length)
- Joint research plan (no more than 15 pages), which shall include
- a description of the added value to be expected from the collaboration
- a clear description of the planned research collaboration (distribution of work and methods of implementation)
- responsibilities of both partners
- joint budget of the joint research project including separate budgets for both partners. A budget may include costs for salaries, researcher mobility, joint meetings etc. Justification for costs shall be stated in the research plan
- a description of the project’s significance to researcher training and to the development of the research environment
- Curricula vitae for the principal investigators of both partners
- Lists of publications of the principal investigators of both partners and those scientists whose salaries funding is applied for, provided the names of the scientists are known.
Both partners submit an identical research plan to their own organisation: scientists from State of São Paulo apply for funding in accordance with FAPESP rules and scientists from Finland in accordance with AKA rules.
Evaluation
The scientific evaluation of the joint research proposals shall be carried out by using international scientific experts.
The Parties will jointly agree on the organisation of the scientific evaluation and on the scientific experts per each joint application.
The most important evaluation criteria:
- Added value to be expected from the Brazilian-Finnish research collaboration
- Scientific quality and innovativeness of the joint research plan
The other important evaluation criteria:
- Feasibility of the joint research plan
- Competence and expertise of the Brazilian and Finnish scientists /research teams
- Promotion of young scientists’ careers
Based on the scientific evaluations and consensus reached through discussions, the Parties will agree on the joint projects to be funded.
Funding
Based on the scientific evaluations of the joint research proposals and consensus discussion between the Parties (ranking of the projects), FAPESP will fund Brazilian researchers and AKA will fund Finnish researchers. The funding decisions will be made independently, but based on the mutual agreement, according to the Parties’ respective rules, regulations and practices.
The Parties will agree on the number of three or four-year joint projects to de funded.
Reporting
Reporting on the projects shall be carried out in accordance with the procedures of the Parties. A joint report clearly indicating the added value of the collaboration shall be submitted by the scientists.
Intellectual Property Rights
The Parties encourage scientists and their institutions to enter into agreements to ensure the effective protection and correct distribution of intellectual properties resulting from projects funded under this Call for Proposals.
Miscellaneous
Each Party covers its own administration costs regarding its contribution to the call, unless otherwise jointly decided.
The Call for Proposals shall be drawn up in English and all documents and notices and meetings pertaining to the Call for Proposals shall be in English.
This guidelines for Call for Proposals may only be amended by a document signed by both Parties and identified as an Addendum to this Call for Proposals.