アルゼンチン標準共同研究契約モデル2

Model 2:

“—-” Project Research Collaboration AgreementThis Agreement is entered into in ___, this first day of October of 2010

BY AND BETWEEN

XXXXXXX, … professor and researcher at AAAA, on his/her own behalf and in the exercise of his/her authority to define his/her own topic of research,

DNI, Domicile in Argentina
Guarantee of AAAA
AND
YYYYYY, tenured scientist at BBBB, on his/her own behalf and in the exercise of his/her authority to define his/her own topic of research,

DNI-PASSPORT, Domicile in his/her country and in Argentina
Guarantee of BBBB

Both Parties mutually acknowledge their legal capacity to execute this Collaboration Agreement within the framework of their scientific activity;

WHEREAS

Existing scientific information on ………………………. is very limited;

Both Parties share an interest in furthering the study of ……….;

Both Parties have collaborated on research in the past;

The Argentine Party does not have sufficient means or sufficient experience to undertake a study with this objective;

Party B both has the means to finance said study for at least one year and has experience with multiple similar studies;

IN WITNESS WHEREOF, both Parties agree to execute this Collaboration Agreement, subject to the following:

Terms and Conditions of the Agreement
This ………………………………… Agreement is made and entered into by and between the following Parties: …………………………………, herein represented by its director, (profession) Dr. …………………………………….., an Argentine national with DNI Nº —————, whose domicile is located at …………………………………… (“PROVIDER”), AND ………………………………………………….., herein represented by its director, (profession) ………………………………………….., a(n) (nationality) national with identification document Nº —————, whose domicile is located at ———————- (“RECIPIENT”). The Parties agree as follows:

CLAUSES

1. The objective of this Agreement is to lay the foundations for the first year of collaboration on the research project entitled “__________________”.

2. Management of and responsibility for the development of the project shall be shared by both Parties. By mutual consent, the Parties may introduce research collaborators to the project.

3. The country of PROVIDER shall exclusively retain all intellectual property rights related to the material used and its derivatives.

4. The research results published in respect of the material used shall be published jointly by RECIPIENT scientist(s) and PROVIDER scientist(s). RECIPIENT and PROVIDER shall duly acknowledge the source of the material in all publications related to the material used; RECIPIENT and PROVIDER shall send copies of the publications and preliminary reports related to the material used and its modifications to the Argentine Ministry of Environment and Sustainable Development.

5. PROVIDER and RECIPIENT shall take all necessary measures to ensure the respect, preservation, and maintenance of the knowledge, innovations, and practices of the communities of their respective countries; PROVIDER and RECIPIENT shall likewise take all necessary measures to ensure compliance with all the applicable laws, rules, guidelines and regulations of their respective countries.

6. Both Parties constitute special domicile for all judicial and extrajudicial purposes deriving from the provisions of this Agreement, as stated above, and voluntarily submit to the jurisdiction of the Courts of the City of Buenos Aires, Argentina, for approval, application, interpretation, or any other purpose in respect of these presents, and expressly waive any other forum or jurisdiction to which they may have recourse.

7. The Argentine Party

8. The other Party

9. The biological samples shall be cold-preserved and transported to … for analysis in specialized laboratories. The purpose of such analysis shall be ….

10. Any remainder of the biological samples shall be ………………(detail).

11. Research results shall be jointly published to reflect the collaboration described herein.

12. Both Parties shall disseminate the research results as extensively as possible, publishing said results in international periodicals. The Argentine Party shall, moreover, disseminate the results across all spheres of administration, particularly those of public administration, which might consider them useful.

13. This Agreement shall be valid for one year.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate at the place and on the date above mentioned.

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