Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil
Date: 2004-01-19
Institutions: Brazil, European Community
Subjects: Brazil, cooperation agreement (EU), research and development, scientific cooperation, scientific research, technical cooperation

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for scientific and technological cooperation between the European Community and the Federative
Republic of Brazil

AGREEMENT

THE EUROPEAN COMMUNITY (hereinafter referred to as the Community),

of the one part,

and

THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL (hereinafter referred to as Brazil),

of the other part,

hereinafter together referred to as the ‘Parties’,

CONSIDERING the Framework Agreement on Cooperation between the Parties concluded on 29 June 1992, which
entered into force on 1 November 1995;

CONSIDERING the importance of science and technology for the economic and social development of the Parties;

CONSIDERING the present scientific and technological cooperation between the Parties;

CONSIDERING that the Parties are currently carrying out and supporting research activities, including demonstration
projects in a number of areas of common interest, as defined in Article 2(d) of this Agreement, and that mutual benefits
may be derived from joint participation in research and development activities based on reciprocity;

DESIRING to create a formal basis for cooperation in scientific and technological research with a view to extending and
intensifying the conduct of cooperative activities in areas of common interest and to encouraging the application of the
results of such cooperation to the economic and social benefit of both Parties;

CONSIDERING that the present Scientific and Technological Cooperation Agreement is part of the general cooperation
between Brazil and the Community,

HAVE AGREED AS FOLLOWS:

Article I

Purpose

research and any other data deemed necessary by the parti-
cipants to cooperative activities, including, as necessary, by
the Parties themselves;

The Parties shall encourage, develop and facilitate cooperative
activities in areas of common interest by carrying out and
supporting scientific and technological
research and devel-
opment activities.

Article II

Definitions

For the purposes of this Agreement:

(a)

‘cooperative activity’ means any activity which the Parties
undertake or support, pursuant to this Agreement, including
joint research;

(b) ‘information’ means scientific or technical data, and research
and development results or methods stemming from joint

(c)

‘intellectual property’ shall have the meaning defined in
Article 2 of the Convention establishing the World Intel-
lectual Property Organisation, signed at Stockholm on 14
July 1967;

(d) ‘joint research’ means research, technological development
or demonstration projects that are implemented with or
without financial support from one or both Parties and
that involve collaboration between participants from both
‘Demonstration projects’ are
Brazil and the Community.
projects aimed at demonstrating the viability of new tech-
nologies which offer a potential economic advantage but
which cannot be directly commercialised. The Parties shall
keep each other regularly informed on activities regarded as
joint research activities under Article VI;

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(e)

‘participant’ or ‘research entities’ means any person or group
of persons, research institute or any other legal entity or
undertaking established in Brazil or in the Community
involved in cooperative activities,
including the Parties
themselves.

Article V

Cooperation arrangements and cooperative activities

1.

The Parties shall encourage:

Article III

Principles

Cooperative activities shall be conducted on the basis of the
following principles:

(a) mutual benefit based on an overall balance of advantages;

(b) reciprocal access to the activities of research and techno-

logical development undertaken by each Party;

(a)

the participation of research entities in the cooperative
activities covered by this Agreement,
in accordance with
their own internal policies and regulations, with a view to
providing comparable opportunities for participation in
their
scientific research and technological development
activities and making good use of the benefits thereof;

(b) reciprocal access to the activities promoted by each Party

under current national programmes or policies.

2.

Cooperative activities may take the following forms:

(c)

timely exchange of
erative activities;

information which may affect coop-

(a)

joint RTD projects;

(d) appropriate protection of intellectual property rights.

Article IV

experts;

(b) visits and exchanges of scientists, researchers and technical

Cooperative activity areas

interest

Cooperation under this Agreement may cover all the areas of
mutual
in which both Parties are implementing or
supporting research and technological development activities
(hereinafter referred to as RTD),
in accordance with Article
VI(3)(b). Such activities shall be designed to promote the
advancement of
and
economic and social development, with emphasis on the
following areas:

competitiveness,

industrial

science,

— biotechnology,

— information and communication technologies,

— bioinformatics,

— space,

— micro- and nanotechnologies,

— materials research,

— clean technologies,

(c)

conferences,
scientific
joint organisation of
symposia and workshops, as well as the participation of
experts in those activities;

seminars,

(d) concerted actions such as the pooling of RTD projects
already implemented in accordance with the procedures
applicable to the RTD programmes of each Party and
scientific networks;

(e) exchange and sharing of equipment and materials;

(f) exchanges of information on practices, laws, regulations and
programmes relevant to cooperation under this Agreement,
including information on policy in the field of science and
technology;

(g) any other arrangements

recommended by the Steering
Committee to be established pursuant to Article VI, which
are deemed compliant with the policies and procedures
applicable in both Parties.

— management
resources,

— biosafety,

and

sustainable

use

of

environmental

3.
Joint RTD projects shall be carried out only after the
participants have concluded a Joint Technology Management
Plan, as indicated in the Annex to this Agreement.

— health and medicine,

— aeronautics,

— metrology, standardisation and conformity assessment, and

— human sciences.

Article VI

Coordination and implementation of cooperative activities

1.
The coordination and expediting of cooperative activities
under this Agreement shall be accomplished on behalf of the
Community by the services of the European Commission and
on behalf of Brazil by the Ministry of Foreign Affairs, acting as
executive agents.

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and technical

The executive agents shall establish a Steering Committee
2.
cooperation which shall be
on scientific
responsible for
this Agreement. The
committee shall be made up of official representatives of each
Party, and shall draw up its own rules of procedure.

the management of

3.

The duties of the Steering Committee shall include:

(a) proposing and supporting cooperative activities under this

Agreement, in accordance with Article V;

(b) indicating,

for

the following year, pursuant

to Article
V(1)(b), among the potential sectors for RTD cooperation,
those priority sectors or subsectors of mutual
interest in
which cooperation is sought;

(c) proposing the pooling of projects of mutual

interest or

complementary projects to researchers in both Parties;

(d) making recommendations pursuant to Article V(2)(g);

(e) advising the Parties on ways to enhance and improve coop-
in this

eration consistent with the principles
Agreement;

set out

(f)

reviewing the efficient implementation and functioning of
this Agreement;

and

reached

(g) providing an annual report to the Parties on the status, the
cooperation
level
undertaken under this Agreement. This report shall be trans-
mitted to the Joint Committee established under
the
Framework Cooperation Agreement concluded between
the Parties on 29 June 1992.

effectiveness

the

of

The Steering Committee, which reports

4.
to the Joint
Committee, shall, as a general rule, meet annually, preferably
before the meeting of
the Joint Committee, according to a
schedule agreed jointly in advance. The meetings should be
held alternately in the Community and in Brazil. Extraordinary
meetings may be held at the request of either Party.

5.
The costs incurred by representatives in attending the
Steering Committee meetings shall be borne by the Party they
represent.

Article VII

Funding

funds

and to the

to the availability of
Cooperative activities shall be subject
sufficient
regulations,
policies and programmes of the Parties. The costs incurred by
the participants in cooperative activities shall not, as a general
rule, be settled by the transfer of funds from one Party to the
other.

applicable

laws,

Article VIII

Entry of personnel and equipment

1.
Each Party shall take all appropriate steps and use its best
efforts, within the laws and regulations applicable in the terri-
tories of each Party, to facilitate entry to, sojourn in, and exit
from its territory, of persons, material, data and equipment
related to or used in cooperative activities developed by the
Parties under the provisions of this Agreement, which shall be
granted exemptions from taxes and customs duties, pursuant to
the legislative and regulatory provisions applicable in the terri-
tories of each Party.

2. Where the specific cooperation arrangements of one Party
provide for financial aid to be granted to the participants of the
other Party, the grants, financial contributions or similar given
by one Party to the participants of the other Party in support of
these activities shall be given tax and customs exemptions,
pursuant to the legislation applicable in the territories of each
Party.

Article IX

Intellectual property

Matters of intellectual property arising under this Agreement
shall be handled in accordance with the Annex which forms
an integral part of this Agreement.

Article X

Community activities in favour of developing countries

This Agreement shall not affect the participation of Brazil, as a
developing country,
in Community activities in the field of
research for development.

Article XI

Territorial application

This Agreement shall apply, on the one hand to the territories
in which the Treaty establishing the European Community is
applied and under the conditions laid down in that Treaty, and
on the other hand to the territory of the Federative Republic of
Brazil.

Article XII

Entry into force, termination and dispute settlement

1.
This Agreement shall enter into force on the date on
which both parties have notified each other in writing that
the respective internal procedures necessary for it
to enter
into force have been completed.

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This Agreement shall initially be valid for a period of five
2.
years and may be renewed by agreement between the Parties
after evaluation during the penultimate year of each subsequent
renewal period.

3.
This Agreement may be amended by agreement of the
Parties. Amendments shall enter into force under the same
conditions as those mentioned in paragraph 1.

4.
This Agreement may be terminated at any time by either
Party upon six months’ written notice to the other Party sent
through diplomatic channels. The expiry or termination of this
Agreement shall not affect the validity or duration of any joint

research projects in progress under it, or any specific rights and
obligations which have accrued in compliance with the Annex.

5.
All questions or disputes related to the interpretation or
implementation of this Agreement shall be settled by agreement
between the Parties.

Done at Brasilia, on the nineteenth day of January in the year
in Danish, Dutch,
in two originals,
two thousand and four,
English, Finnish, French, German, Greek,
Italian, Portuguese,
Spanish and Swedish, all versions being equally authentic. In
the event of a difference in interpretation between any of
these languages, the English text shall take precedence.

Por la Comunidad Europea
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Για την Ευρωπαϊκή Κοινότητα

For the European Community
Pour la Communauté européenne
Per la Comunità europea
Voor de Europese Gemeenschap
Pela Comunidade Europeia
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar

Por la República Federativa de Brasil
For Den Føderative Republik Brasilien
Für die Föderative Republik Brasilien
Για την Ομοσπονδιακή Δημοκρατία της Βραζιλίας

For the Federative Republic of Brazil
Pour la République fédérative du Brésil
Per la Repubblica Federativa del Brasile
Voor de Federale Republiek Brazilië
Pela República Federativa do Brasil
Brasilian liittotasavallan puolesta
För Förbundsrepubliken Brasilien

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ANNEX

INTELLECTUAL PROPERTY

In accordance with Article IX of this Agreement:

The Parties shall ensure that the intellectual property created under this Agreement is protected appropriately and
effectively.

The Parties undertake to inform each other in a timely fashion of any inventions or other works produced under this
Agreement which may generate intellectual property rights.

I.

SCOPE

A. For the purposes of this Agreement,

‘intellectual property’ shall have the meaning defined in Article 2 of the
Convention establishing the World Intellectual Property Organisation (WIPO), signed at Stockholm on 14 July
1967.

B. This Annex does not otherwise alter or prejudice the allocation of rights,

interests and intellectual property
between a Party and its nationals or participants, which will be determined by the laws and practices of each
Party.

C.

Intellectual property disputes arising will be settled by consultation between the participating institutions
concerned or, if necessary, by the Parties or their authorised representatives. If agreed by the Parties, disputes
may be submitted to an arbitration tribunal, in accordance with the international law provisions applicable in the
case. Unless decided otherwise and approved in writing by the Parties or by their authorised representatives, the
arbitration standards of the United Nations Commission on International Trade Law (UNCITRAL) will apply.

D. Should either Party believe that a particular joint research project under this Agreement has led, or will lead, to
the creation or granting of a type of intellectual property that is not protected by the legislation applicable in the
territory of the other Party, the Parties shall immediately hold discussions to find a mutually acceptable solution in
accordance with the applicable legislation.

II. ALLOCATION OF RIGHTS

A. Each Party, subject to the terms of their own national

legislation, may, by means of a contract, have non-
exclusive,
irrevocable, royalty-free licence to translate, reproduce, adapt, transmit and publicly distribute the
articles, reports and technical and scientific books generated directly by the cooperative activities covered by
this Agreement, provided that the legal provisions on the ownership and transfer of copyright for the creation of
the work are respected. All the copies of works subject to copyright produced in line with these provisions and
publicly distributed must mention the names of the authors, except where the authors have specifically declined
that right.

B. Rights for all forms of intellectual property not described in Section II A will be allocated as follows:

1. Visiting researchers, such as scientists visiting primarily in furtherance of their education, shall receive intel-
lectual property rights under arrangements with their host institutions in accordance with the provisions of the
relevant national legislation on the subject. In addition, each visiting researcher named as an inventor shall be
entitled, in the same way that the researchers of the host institution are entitled, to a proportional share of any
royalties received by the host institution under the licence for the use of the intellectual property.

2. Regarding the intellectual property which is or may be created by joint research, the participants will draw up
a joint technology management plan to be negotiated in the form of a written contract between the parti-
cipants in joint research projects establishing in advance the fair and balanced distribution of results or any
benefits deriving from the cooperation, considering the relative contribution of the Parties or their participants,
and strictly complying with the laws on intellectual property in force in each Party and the international
agreements on intellectual property to which the Parties are signatories.

(a)

If the Parties or their participants did not adopt a joint technology management plan in the initial phase of
cooperation and if they cannot reach an agreement within a reasonable period, not more than six months,
of a Party becoming aware of the creation or likely creation of the intellectual property in question as a
result of the joint research, then the Parties must immediately hold discussions in order to find a mutually
acceptable solution. Pending resolution of the matter, such intellectual property shall be owned jointly by
the Parties or their participants, unless jointly agreed otherwise.

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(b) If a joint research project carried out under this Agreement leads to a creation likely to be protected by
intellectual property rights which are not covered by the legislation in force in one of the Parties, the
Parties must immediately hold discussions in order to find a mutually acceptable solution in accordance
with the applicable legislation.

III. CONFIDENTIAL INFORMATION

A. Each Party and its participants must protect any business and/or industrial secrets identified as confidential
generated or supplied under this Agreement in accordance with the applicable laws, regulations and practices,
as agreed between the Parties.

B. No Party or participant may divulge information identified as confidential without prior authorisation, except to
employees that belong to the categories of officials, contractors or subcontractors; the release of information must
be strictly limited to the parties involved in the joint research project agreed between the participants, and/or
authorised personnel of government bodies associated with the project or this Agreement.

C. The information may be divulged only to parties with written authorisation and must, in no case, be released
more widely than is strictly necessary for the execution of tasks, duties or contracts associated with the infor-
mation released.

D. The recipients of confidential information shall undertake in writing to keep such information confidential, and

the Parties must ensure that this obligation is fulfilled.

E. A Party must immediately notify the other Party if it is, or is likely to be, unable to guarantee not to divulge
confidential information. The Parties will consult each other to determine what measures are appropriate in such
a case.