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MEMORANDUM OF AGREEMENT
between
THE CONSORTIUM OF BOGOR AGRICULTURAL UNIVERSITY,
UNIVERSITY OF JAMBI AND TADULAKO UNIVERSITY
and
UNIVERSITY OF GOETTINGEN
Concerning
Collaborative Research Centre 990: Ecological and Socioeconomic Functions
of Tropical Lowland Rainforest Transformation Systems in Sumatra,
Indonesia
Bogor Agricultural University (IPB) as the coordinator of the consortium of three Indonesian universities:Bogor Agricultural University, University of Jambi(UNJA) and Tadulako University (UNTAD) hereinafter referred to as The Consortium and University of Goettingen(UGOE), together hereinafter referred to as the Parties;
Desiring to strengthen scientific research cooperation based on the principle of mutual benefit and to develop research projects under the cooperation of The Consortium and UGOE.
Bearing in mind The Agreement between the Government of the Republic of Indonesia and the Government of the Federal Republic of Germany regarding Technical Cooperation dated 9 April 1984, the Agreement on Scientific Cooperation between the Deutsche Forschungsgemeinschaft (DFG) and the Directorate General for Higher Education of the Department for National Education of Indonesia (DGHE) and the Joint Guidelines for the Implementation of the Agreement, signed on November 21, 2000 in Bonn, and Jakarta Declaration signed on July 12, 2012 in Jakarta,
Referring to the Convention on Biological Diversity that has been signed and ratified by The Government of Indonesia in August 23, 1994and by The Government of Germany in December 21, 1993, as well as the Nagoya Protocol signed by The Government of Indonesia in May 2011 and The Government of Germany in June 2011.
Pursuant to the prevailing laws and regulations in Indonesia and in Germany, as well as the procedures and policies of both Governments concerning international scientific and technological cooperation;
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Article 1 Objective
The objective of the research cooperation under this Memorandum of Agreement (MoA) is to promote mutual research cooperation and develop scientific capabilities of the two Parties on the
Collaborative Research Centre 990 with the topic “Ecological and Socioeconomic Functions of Tropical Lowland Rainforest Transformation Systems in Sumatra, Indonesia” (hereinafter
referred to as CRC 990).
Article 2
Joint Research Activities
Joint research activities on CRC990 will include the following scientific project groups:
1. Research in relation to environmental processes (hereinafter referred to as Group A)
2. Research in relation to biota and ecosystem services (hereinafter referred to as Group B)
3. Research in relation to human dimensions (hereinafter referred to as Group C)
Article 3 Scope of Activity
The activities to be conducted in relation to joint research program mentioned in Article 2 shall include but not limited to:
1. Exchange of researchers and graduate students in the projects of (a) environmental processes, (b) biota and ecosystem services, and (c) human dimensions. The number of researchers or graduate students to be exchanged and other related issues will be mutually determined and agreed by both parties on a case-by-case-basis.
2. Exchange of scientific materials, publications, and information.
3. Joint publication and scientific meetings.
4. Joint fund raising for related activities from public and private sources.
5. Joint research and development in the field of ecological and socioeconomic functions of tropical lowland rainforest transformation systems.
6. Facilitate and support educational programs.
7. Facilitate and support language training programs.
8. Other activities mutually agreed upon by the Parties.
Article 4
Contribution of the Parties
In accordance with the prevailing laws and regulations in both respected countries, and subject to the availability of funds, The Consortium and UGOEshall:
1. Provide facilities for the execution of the joint research and education activities.
2. Assign qualified researchers, graduatestudents, and technicians for the implementation of activities under this MoA.
3. Provide supports for other activities agreed upon by both parties.
Article 5
Funding System and Mechanism
Page 3 of 8 disbursement mechanism will be arranged in separate financial agreements according to the approved proposal by DFG in accordance to the regulations of DFG and/or UGOEas well as cost and tariff standards of the Ministry of Finance, Republic of Indonesia.
2. The Parties further acknowledge that due to the funding provided by the DFG, the rights of the DFG as the sponsor of this Cooperation Project, particularly its entitlement to report on the work and the results achieved within the scope of DFG funding, shall not be affected.
Article 6
Mechanismfor Cooperation
1. The development and implementation of each program or project based upon this agreement shall be negotiated and agreed upon by both parties under a separate agreement prior to the initiation of the particular program or project which carry out these activities in accordance with the laws and regulations of the respective countries.
2. In every Program or Project Document, the following topics will be dealt with by mutual consent: aims, duration, results, input, budget, management, publication, benefit sharing and intellectual property right. Both parties will appoint Principal Investigator (PI) or Counterpart responsible for the formulation and implementation of the concerned program or project.
3. The Parties agree to establish “Joint Management Board (JMB)” which consists of three representatives from each Party. The JMB is set up to finalize, review, stimulate and evaluate the cooperation regularly. The JMB will meet at least once every year either in Germany or in the Republic of Indonesia
Article 7 Responsibilities
In accordance with the prevailing laws and regulations in both respected countries, and subject to the availability of funds,
A. The Consortium shall:
1. Assist in arranging the necessary permits for the approved UGOE personnel for the purpose of entering and leaving Indonesia whenever necessary.
2. Assist in arranging the necessary permits and the Material Transfer Agreement (hereinafter as MTA) for research material transfer within Indonesia and from Indonesia to Germany and to other countries that agreed upon by both parties.
3. Assist in obtaining custom duties and tax exemption according to the applicable tax laws and regulations.
4. Facilitate language training programs
B. UGOE shall:
1. Provide advice and help to the approved The Consortium personnel concerning the necessary permit for the purpose of entering and leaving Germany whenever necessary (i.e., invitation letters, recommendations).
2. Support fundraising activities for the collaboration.
3. Support the Indonesian Counterparts to arrange necessary permits as described in article
7A.2
4. Assist and provide support to The Consortium personnel entering Germany with jointly collected soil samplesand other research materials for the purpose of joint research.
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Article 8
Access to Research Material and Location
1. In the implementation of the Joint Research Program under this MoA, the Parties will respect
the principles given in the Convention on Biological Diversity (“CBD”) concerning research
materials and the locations related to Genetic Resources and Traditional Knowledge associated with Genetic Resources (hereinafter “GR and TKGR”).
2. The Parties will acquire Prior Informed Consent (PIC) from the relevant authorities of the providing Party and will establish Mutually Agreed Terms (MAT), in compliance with Nagoya Protocol and National Legislation of the country providing GR and TKGR.
Article 9
Genetic Resources and Traditional Knowledge Associated with Genetic Resources
1. The Parties shall recognize the value of GR and TKGR, and recognize the rights of GR and TKGR holders;
2. The Parties shall protect GR and TKGR against misuse and misappropriation, particularly the misuse for commercial purposes.
3. Any collection, use or utilization (including commercialization) of GR and TKGR in an unfair or illicit manner, is considered as a wrong do and will be treated under the law of the Republic of Indonesia;
4. Compliance with the obligations referred to in clause (3) of this Article, means that each Party shall protect intellectual property of GR and TKGR in the location, independent of whether (i) the local person is a citizen of or domiciled in the location or not, and (ii) independent of legal rights of a Party;
5. Any GR and TKGR access to and use of each Party in the implementation of this Partnership Agreement will require permit approval from the relevant authorities. Parties should ensure that local communities should be informed prior to agree with the access and information to the results of the cooperative or collaborative activities that use these GR and TKGR;
6. When a cooperative and collaborative activities under this Memorandum of Agreement, GR and TKGR are exploited for any commercial purposes, however in compliance with para 4 and 5 of this clause, the Party, on behalf of the local communities concerned, be entitled to intellectual property rights, where applicable, and related benefit-sharing;
7. The benefits of protection which the holder has the right GR and TKGR include a fair and equitable sharing of benefits arising from commercial use of GR and TKGR in industry; 8. The parties commit themselves to pursue their best endeavors to respect the Convention on
Biological Diversity in the Conduct of the Joint activities under this agreement, particularly as regards the benefit sharing with a view to local communities and GR and TKGR holders.
Article 10
Transfer of Research Material
Page 5 of 8 2. Transfer of any research materials collected by all project members and to be used in the Joint Research Program and used by any third party shall in principle be made by preparing MTA following the CBD and Nagoya Protocol guidelines and be approved by the Parties. 3. The Parties will form a team to monitor the compliance to regulation for the transfer process
of the research materials. The monitoring team will be comprised of representative from The Consortium, UGOE and National Scientific Authority (LIPI).
Article 11
Intellectual Property Rights, Results and Publication
1. Any Intellectual Property Rights (IPR) brought by the Parties for the implementation of activities under this MoA shall remain the property of that Party. Further details as to Intellectual Property Rights, if appropriate, shall be governed in the respective separate agreements specifying the activities taken under this MoA. For the avoidance of doubt, the Parties agree that no warranty or representation of any kind is made or given by the Parties concerning the absence of any infringement of any proprietary rights of any third party, particularly no warranty is given that the IPR brought or the results achieved are free from third party rights. For the avoidance of doubt, each Party shall be solely liable for the use of
another Party’s information or data. However, to the extent legal protections to the contrary
or infringements of third party rights are known to the Party that brought IPR for the implementation of activities under this MoA, said party shall be obliged to immediately inform the other Parties.
2. Any IPR, data and information resulting from research activities conducted under this MoA
shall be jointly owned by both Parties, and both Parties shall be allowed to use such property for non-commercial purpose free of royalty. Should the intellectual property right, data, and information resulting from the research activities under this MoA be used for commercial purpose by one Party, the other Party shall be entitled to the royalties obtained from the exploitation of such property on the basis of principle of equitable contribution. The detail on commercialization has to be agreed by both parties in separate agreement document. The value of the object as part of contribution will be measured by taking into account the following factors:
a. The scarcity of the object (the rarer the objects, the higher its value will be);
b. The commercial value of the result of the research (the higher its commercial value is
the higher its worth as part of the contribution will be);
3. The utilization of the object of the research and their findings under this MoA outside the territories of the Republic of Indonesia and the Germany by one of the Parties requires prior written approval from the other Party on a case-by-case basis and shall not be unreasonably withheld.
4. If either Party wishes to disclose confidential data and/or information resulted from joint research activities under this MoA to any third Party, the disclosing Party must obtain prior written consent from the other Party before any disclosure can be made. The confidential information is consist of information that agreed by Parties as confidential and it will be clarified in the Data Exchange Agreement for the detail.
5. Referring to clause no. 4, the Parties are entitled to use the results of their scientific cooperation for further educational, scientific and conservation purposes, including the right to publish the results upon agreed by the Parties.
Page 6 of 8 publication initiating party shall inform the other party about intended manuscript, in order to give the other party the opportunity to contribute to draft the publication jointly. In case of the other party can or will not contribute to such publication in an appropriate manner, it must be declared in written form to the initiator in due time.
7. Due to the funding provided by the DFG, the Consortium acknowledges that all publications shall explicitly refer to the Cooperation Project as the origin of the published results and to the DFG as the sponsor providing the funds.
8. Termination of this MoA shall not affect rights and/or obligation under this Article.
Article 12 Confidentiality
Subject to the governing law of each institution’s jurisdiction regarding public records, the universities agree not to use or disclose to anyone information belonging to the other party which is disclosed in connection with this Agreement which is of confidential nature and agree not to make any announcements of any nature in respect to this Agreement without the consent of the other party hereto.
Article 13 Benefit Sharing
1. The Parties shall note that benefits include both non-monetary and monetary benefits. 2. Non-monetary benefits may include, but not limited to, joint publications, education,
training, technology transfer and granting equipments.
3. Monetary benefits may include grant, salary, compensation payment, and others in accordance with the procedure to be jointly developed and agreed upon by the Parties. 4. Benefit sharing shall also include other parties such as owner of research location or
concession holder.
Article 14 Settlement of Dispute
Any dispute arising out of the interpretation or implementation of this MoA shall be settled amicably by consultation or negotiation among The Parties.In case the Parties can not reach amicable settlement of the dispute, the dispute shall be referred to and finally settled by BANI; details thereof shall be governed in a separate agreement. The place of arbitration shall be Indonesia.
Article 15
Official Address and Person in Charge
Any notice, request or other communication to be given or served pursuant to this Agreement shall be in writing and dealt with as follows:
1. The Consortium: marked for the attention of MoA for the Indonesian University Consortium:
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Phone: +62 251 8622637 Email: wrrk@ipb.ac.id
2. The UGOE: marked for the attention of MoA for UGOE: Prof. Dr. Stefan Scheu
Speaker CRC990
c/o Georg August University of Goettingen Berliner Strasse 28, 37073 Göttingen Germany
Phone : +49 551 39 5445 Email: sscheu@gwdg.de
Article 16
Limitation of Personnel
1. UGOE assures that its personnel involved in the activities under this MoA shall not engage in any political affairs, commercial ventures, or other activities in Indonesia outside the agreed activities under this MoA
2. UGOE shall take reasonable precautions to ensure that its personnel have due regard for respective local traditions and custom; and
3. Either The Consortium or UGOE may terminate this MoA or any program and project in
pursuance thereof in case the other Party’s personnel or expert violates any agreed
conditions for the implementation of activities, programs, or projects under thiaMoA
Article 17
Amendments, Duration, and Termination
1. Any amendment to this MoA can only be made in writing by mutual consent of The Parties.
2. The MoAshall be effective as of 1 January 2012 and be valid for a period of 5 (five) years and can be extended or renewed in writing by mutual consent of the parties, unless one of the Parties notifies in writing of its intention to terminate this MoA at least 6 (six) months in advance.
3. The termination of this MoA shall not prejudice the completion of any on-going programs and project made under this MoA until the completion of such programs or projects. TerminatedMoA can be amended in order to support the continuation of CRC 990 as mentioned above.
IN WITNESS THEREOF, the undersigned, the Authorized Representatives, have signed this
MoA
Signed at Bogor (INDONESIA), on ..., 2013, in five (5) original texts in the English language, all five texts being equally authentic.
The Parties
For
University of Goettingen - Germany
For
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Prof. Dr. Hiltraud Casper-Hehne
Vice President
Implementing Institution
Prof. Dr. Stefan Scheu
Speaker CRC 990
Prof. Dr. Anas M. Fauzi
Coordinator of Consortium Bogor Agricultural University
Witness by
Prof. Dr. Ir. H. Zulkarnain, M.Hort.Sc
Vice Rector for Collaboration Affairs University of Jambi
Prof. Ir. Zainuddin, PhD
