|Memorandum of Understanding|
Summary of use(s)
Memorandum of Understanding between B University of Japan and National Research and Innovation Agency, The Republic Indonesia, on Research and Innovation Cooperation
Purpose or background
to establish and promote in the fields of mutual interest between the Parties on the basis of equality and mutual benefit
National Research and Innovation Agency
BJ Habibie Building Jalan MH Thamrin Number 8
Jakarta 10340, Indonesia
This Memorandum of Understanding (hereinafter referred as ”MoU”) is made by and between:
B University (hereinafter referred as “BB”) of Japan and National Research and Innovation Agency (hereinafter referred as “BRIN”) of The Republic of Indonesia, hereinafter referred to individually as “Party” and collectively to as “Parties”
Desiring to promote the cooperation in the fields of education and academic research in the fields that will be beneficial to both Parties on the basis of reciprocity in areas of mutual interest
Referring to the MoU between the Government of Japan and the Government of Indonesia on Scientific and Technological Cooperation signed at Jakarta, January 12, 1981.
Pursuant to the prevailing laws and regulations in their respective countries as well as procedure and policies of the respective countries of the Parties
NOW THEREFORE, the Parties have agreed to conclude the following:
The objective of this MoU is to establish and promote in the fields of mutual interest between the Parties on the basis of equality and mutual benefit.
Areas of Cooperation
Both Parties agree to promote activities to enhance their research centers and academic research in the following areas:
- energy and manufacture;
- electronics and informatics, including artificial intelligence;
- aeronautics and space;
- nanotechnology and material;
- nuclear energy;
- social sciences and humanities;
- archaeology, literature and linguistic;
- health sciences;
- life sciences and environment;
- advanced technology agricultural and food, including on and off farm;
- earth sciences and maritime; and
- economy and community welfare; and
- other cooperation as mutually agreed in writing by the Parties.
Forms of Cooperation
The cooperation under this MoU may include, but is not limited to the following:
- Collaborative research, lectures and symposium on topic of mutual interests;
- Information and material exchange in areas of mutual interests;
- Undergraduate and graduate student’s exchange;
- Joint publications on topic of mutual interests;
- Post-doctoral and higher degree cooperation; and
- Other activities as mutually agreed upon in writing by the Parties.
- Specific matters pertaining to the implementation of the exchanges between both institutions shall be negotiated and agreed upon between the Parties concerned in each specific case and may be stipulated in writing.
- Each Party will appoint a representative/unit in their respective area to implement this MoU in accordance with their needs, duties, and functions
- In carrying out the implementation of this MoU, the following persons are designated as Coordinator representatives as follows:
- All notices related to the implementation of this MoU should be in written form and shall be deemed delivered when delivered in person or received by email, certified mail, return receipt requested, addressed to the recipients designated above, subject to any change of address written notice of which will be promptly provided.
- Any changes regarding the representatives will not be regarded as an amendment. The Party wishing to change its representatives has to inform the other Party in written about the details of the new representative.
- The representatives of the Parties agree to communicate to discuss and agree on the strategic direction of the cooperation under this MoU.
Principle of Cooperation
Both institutions agree to adhere and comply with applicable export control laws and regulations, or any other applicable laws and regulations in their respective countries. Both institutions agree that this academic exchange does not aim for design or development of military equipment, including but not limited to Weapons of Mass Destruction. Weapons of Mass Destruction are defined as nuclear, chemical, biological weapons and missiles, and other unmanned aerial vehicles for military use.
Confidentiality and Publication
- The Parties agree that each Party will treat as confidential any and all technical and commercial information related to a project conducted under this MoU which has been or may hereafter be made available to it, directly or indirectly, by the other Party, including any information made available in writing, orally, or by assembly embodying the technical and commercial information, and that it will not use such information except for the purposes as provided in Article 1. In the event either Parties wishes to disclose any confidential data and information supplied in or resulted from the implementation of this MoU, the disclosing Party shall have prior written consent from the other Party.
- The Parties agree that each may publish or advertise the existence and nature of activity under this MoU provided that either Party does not indicate in writing that a specific matter should remain confidential.
- The Parties will ensure that any publication about the relationship between the Parties is accurate. Only the approved name and logo of the other Party may be used in any such materials.
- Each party will comply with the other party’s reasonable requests about advertising and promoting this relationship, with a view to promoting the relationship with integrity and accuracy.
- The Parties agree that the provisions of this Article shall not prejudice the prevailing laws and regulations of the Parties.
- Both Parties understand that all financial arrangement for the implementation of this MoU is subject to the availability of funds of the Parties and their applicable laws and regulation.
- When appropriate, the Parties will make every effort to facilitate and find appropriate financial from external sources to support their collaborative activities upon written consent from the Parties. However, each cooperative activity will be evaluated individually, and all the related cost of the cooperative activities should be decided on a case-by-case basis.
Material Transfer Agreement
- All activities using materials originating from the country of either Party, to the fullest extent possible, shall be done in the country of origin.
- In the event that materials are required to be transferred outside the territory of the country of origin, the transfer such materials shall be conducted through Material Transfer Agreement (hereinafter referred to as “MTA”) agreed by the Parties in accordance with prevailing laws and regulations as well as policies of the Party providing such material.
- Any Intellectual Property (hereinafter referred as “IP”) brought in by either Party for the implementation of this MoU, shall remain the property of the Party. That Party shall assure the IP did not result from the infringement of any third Party’s legitimate rights and shall be liable for any claim made by third Party on the ownership and legality of the use of the IP which is brought in by the aforementioned Party for the implementation of this MoU.
- Any IP, arising out of the implementation of this MoU, including know-how, methods and technical information, shall be jointly owned by the Parties, and the Parties shall be allowed to use such IP for non-commercial purposes free of royalty. Should the IP resulted from the cooperation activities under this MoU be used for commercial purposes by either Party, the other Party shall be entitled to the royalties obtained from the exploitation of such property on the basis of the principle of equitable contribution. In such case, the object of the research activities conducted under this MoU shall constitute a part of contribution will be measured by taking into account the following factors:
- the scarcity of the object (the rare object is, the higher its value will be); and
- the commercial value of the result of the research (the higher its commercial value is, the higher the worth).
- Whenever either Party requires the cooperation of a third party for any financial support, it shall consult the other Party of any implications, especially on the IP that may arise under the implementation of this MoU.
- Either Party may utilize the object of the research activities and their findings under this MoU outside the territories of the Republic of Indonesia and Japan by one of the Parties upon prior written approval from the other Party on case-by-case basis.
- Termination of this MoU shall not affect rights and obligation under this Article.
Limitation of Personnel Activities
- The Parties shall ensure that their personnel shall:
- Observe, respect and comply with the laws and regulations, and policies of the host country;
- Refrain from engaging in any political and commercial activities while engaging with this MoU;
- Refrain from conducting any religious propaganda while engaging with this MoU;
- Not conduct any activities inconsistent with the objective of this MoU; and
- Respect the customs, traditions, and religions of the local community.
- The Parties agree to be responsible for the negligent acts or omissions of their own researchers, staff and its associates while acting within the scope of their employment during the term of this MoU.
- Violation of this Article may result in revocation of permit of stay of the personnel concerned by the competent authorities as well as other necessary measures in accordance with the prevailing laws and regulations of the host country.
Genetic Resources, Traditional Knowledge and Folklore
- The Parties shall recognize the value of genetic resources, traditional knowledge and folklore (hereinafter referred to as “GRTKF”), and recognize the rights holders of GRTKF to the effective protection over GRTKF against misuse and misappropriation of both Parties;
- GRTKF shall be protected against misuse and misappropriation by either Party.
- Any acquisition, appropriation, or utilization of GRTKF by unfair or illicit means constitutes an act of misappropriation. Misappropriation may also include deriving commercial benefit from the acquisition, appropriation, or utilization of GRTKF when the person using that GRTK knows, or is negligent in failing to know, that it was acquired or appropriated by unfair means or through commercial activities contrary to honest practices that gain inequitable benefit from the GRTKF.
- Any access to and use of GRTKF by the respective Party under the implementation of this MoU shall require prior consent permit from the relevant authorities of the country or municipal jurisdiction in which the GRTKF is found. The Parties shall ensure that the local communities concerned shall give prior informed consent to the access and be informed of the access and of the results of the cooperative and/or collaborative activities using such GRTKF.
- When the cooperative and/or collaborative activities under this MoU utilize GRTKF for a commercial purpose, the Party located in the country in which the GRTKF in question is found, on behalf of its local communities concerned, shall be entitled to the right of intellectual property arising from such usage, where appropriate, and associated benefit sharing.
- The benefits of protection of GRTKF to which its holders are entitled include the fair and equitable sharing of benefits arising out of the commercial or industrial use of that GRTKF.
- Legal means should be available to provide remedies for holders of GRTKF in cases where the fair and equitable sharing of benefits as provided for in paragraph 6 (six) has not occurred.
- Any application for IP related to GRTKF must acknowledge the country of its origin.
- Any GRTKF must be registered and recorded at the government of the country of its origin in accordance with the laws and regulations applicable in the country. Such registration and recording must be completed prior to any publication made by the Parties using the GRTKF.
Monitoring and Evaluation
- The Parties shall conduct joint monitoring and evaluation on the implementation of activities under this MoU;
- The monitoring and evaluation as stated in paragraph (1) shall be conducted at least one (1) time per year;
- The Parties shall deliver the result of the monitoring and evaluation to each of their Chairman or President of their institution and such result can be use as a consideration to extend or terminate this MoU.
Settlement of Dispute
Any dispute arising from the interpretation and/or implementation of this MoU shall be settled amicably through consultation or negotiation between the Parties.
This MoU is subject to any amendment, modification or revisions by mutual written consent. Such amendment, modification or revisions shall be constituted as an integral part of this MoU and shall enter into force on such date determined by mutual written consent of the Parties through diplomatic channel.
- Events that can be classified as force majeure in this MoU are natural disasters, earthquakes, hurricanes/storms, floods or continuous rain, epidemics, pandemics, fires, wars, blockades, explosions, sabotage, revolutions, revolts, riots, the existence of government actions which significantly affect the implementation of this MoU, as well as other causes which are beyond the authority of the Parties.
- If a force majeure occurs, the Party that experiences an event that is classified as a force majeure must notify the other Party no later than 30 (thirty) working days after the force majeure occurs to hold negotiations regarding the implementation of the MoU which is delayed due to the force majeure.
Entry into Force, Duration and Termination
- This MoU shall enter into force on the date of the last signature of the Parties.
- This MoU shall be in force for a period of 5 (five) years and may be extended for another 5 (five) years by mutual written consent between the Parties through diplomatic channel.
- Either Party may give 6 (six) months written notice to the other institution on its intention to terminate this MoU. However, termination of this MoU shall not affect the implementation of the collaborative activities established prior to such termination.
- In the absence of any such early termination, the renewal of this MoU shall be discussed by both institutions at least six (6) months prior to the termination of the current MoU.
- The termination and/or expiration of this MoU shall not affect the validity and duration of any arrangements and programs made under this MoU until the completion of such arrangements and programs, unless the Institutions decide otherwise.
IN WITNESS, WHEREOF the undersigned have signed this MoU. Each copy which has been provided to the Parties is considered as being identical and equally authentic. Any translations are for convenience only and will not force or effect on the interpretation hereof.