MEMORANDUM OF UNDERSTANDING
Between
THE
GOVERNMENT OF ANDHRA PRADESH,
INDIA
And
ASIA
PACIFIC BIOINFORMATICS NETWORK
(APBioNet)
This MEMORANDUM OF
UNDERSTANDING (hereinafter referred to as “MoU”) is made on the 27th
day of December 2002
Between
The State Government of
Andhra Pradesh, India (hereinafter referred to as “The Government of AP”)
And
Asia Pacific Bioinformatics
Network (hereinafter referred to as “APBioNet”)
WHEREAS The Government of
AP, in its widely publicized Vision 2020 to achieve a level of development that will
provide its people varied and realizable opportunities to achieve prosperity
and well-being and enjoy a high quality of life, has thus embarked on a
vigorous effort to create rapid economic growth;
WHEREAS
The Government of AP, being fully cognizant that technology will play a
critical role in accelerating the pace of development in the State of Andhra
Pradesh, has proposed to give a thrust to knowledge-based industries such as
Information Technology, Biotechnology and Pharmaceuticals wherein all these
three sectors, the State has a unique proven expertise, commercial success and
thus a competitive edge to forge ahead further with the increasing convergence
of these technologies;
WHEREAS The Government of
AP, having declared publicly its intention to facilitate the development of biotechnology
(http://www.genomevalley.org) in the state by creating high quality
infrastructure through the strategy of setting up specialized biotech parks in
different parts of the state, encouraging research activities, developing human
resources and establishing links between research institutions, academia and
industry; and to create a hassle-free environment for the biotech industry
through simplification of procedures and a single window clearance mechanism;
WHEREAS The Government of
AP, has conducted extensive surveys and visits globally to identify
international organizations and institutions of excellence to participate in
collaborations with it and with research institutions and organizations in the
State of Andhra Pradesh;
WHEREAS The Government of AP
has identified the Asia Pacific Bioinformatics Network (APBioNet) and its
members as such organizations and institutions
which are leaders in bioinformatics, a key focus area of the convergence
between Information Technology and Biotechnology;
WHEREAS APBioNet
(http://www.apbionet.org/), an international not-for-profit non-governmental
organization set up in 1998 to promote the growth of bioinformatics in the Asia
Pacific region, is desirous of increasing the level of bioinformatics
competence and expertise amongst members and life scientists in the
Asia-Pacific, and has recently adopted the APBioNet Bangkok Resolutions setting
out in the Fifth resolution on Human Resource Development to “reinforce and expand these
areas of expertise through systematic and institutionalised human resource
development, technical training, scientific exchanges, outreach and awareness
at all levels of scientific manpower, including scientific policy makers and
other decision makers”;
WHEREAS APBioNet, in
recognition of the research institutions and organizations in the State of
Andhra Pradesh, which are able, ready and willing to participate in networking
for research, education, training and exchanges;
WHEREAS both Parties have
identified that a stronger relationship between them is mutually beneficial and
synergistic, and are both desirous of establishing a more formal relationship
with each other;
This Memorandum of
Understanding (hereinafter called “MoU”) sets out below, the general and
broad-based intentions of both Parties for collaboration and as an umbrella
understanding for facilitation of subsequent MoUs and agreements in more
specific areas.
1. INTRODUCTION
For many years APBioNet has
been spearheading the growth of Bioinformatics in the Asia Pacific Region, in
particular, promoting the research, training and education in bioinformatics
amongst members in the Asia Pacific region. In the past two years, APBioNet has
been actively identifying strategic partners in the region to further
accelerate the process of transformation, notably such as the the S* Life
Science Informatics Alliance (Singapore, Stanford, Sweden [Karolinska
Institutet, Uppsala], Sydney, South Africa National Bioinformatics Institute,
UC San Diego) with which APBioNet has an MoU; the International Society for
Computational Biology (ISCB) of which APBioNet is an Official Regional
Affiliate; the Asia Pacific Advanced Network (APAN), with which APBioNet has a
pioneering collaborative project, etc.
More recently, APBioNet has
started to promote bioinformatics in specific countries and economies,
identifying strategic partners at the national and state and
institutional/organisational level. For example, in organizing the International
Conference of Bioinformatics (InCoB), the Thai governmental agencies have
successfully coordinated with APBioNet for endorsement and for sustaining the
conference beyond the first conference; with various universities, APBioNet has
been in discussions on setting up nodes of Asia Pacific Bioinformatics
Institutes as focal points of excellence in bioinformatics throughout the Asia
Pacific
There is therefore a
precedence, and an opportunity for APBioNet and the Government of Andhra
Pradesh to work together synergistically based
on the complementarity of our objectives and of our strengths to promote
bioinformatics in the State of Andhra Pradesh, India.
2. AREAS OF COOPERATION
2.1 This MoU presents the
areas of cooperation, specifically listed in Schedule 1 and any others that in
general fall under the next section, and which from time to time may be added
to this document by mutual agreement of both parties.
2.2. In general, both
Parties agree to cooperate and collaborate in the following areas of :
3. ARRANGEMENTS AND
ADMINISTRATION
3.1. Both Parties through
representatives shall jointly administer this collaboration. Both Parties may
appoint representatives for each of the areas of cooperation in order to carry
out the activities so agreed.
3.2. Representatives from
either Party may lead or drive or manage or oversee an area of cooperation on a
mutually agreeable basis. The representatives may meet as and when necessary in
person, by proxy or through electronic methods, to review progress in the
implementation of the agreed arrangements, define new areas and programmes of
cooperation and collaboration as well as discuss matters related to the MoU.
3.3. Neither of the Parties
shall have the power to bind any other Party without such other’s consent in
writing thereto.
4. FUNDING
4.1. The financial
arrangement relating to each project agreement and programme of cooperation
shall be in accordance with the specific agreement and programme of cooperation
covering each project.
4.2. The Parties agree that
in the absence of any specific agreement to the contrary, all expenses,
including but not limited to, salary, travel, living and allied costs relating
to the Project shall be borne by the Party who incurs such expenses.
4.3. Both Parties may either
jointly or severally upon mutual agreement, carry out applications to
international funding agencies, respective national agencies, industry and any
other reputable sources of funding.
5. INTELLECTUAL PROPERTY,
INVENTIONS AND INNOVATIONS
5.1. Each Party and its
designated and willing member or constituent, will maintain ownership of its
existing intellectual property rights (IPR) prior to this collaboration.
5.2. Both Parties and their
designated and willing member or constituent, shall have joint ownership of IPR
resulting from activities carried out under this collaboration subject to the
conditions of the sources of funding if any, where applicable.
5.3. The terms with respect
to title and exploitation of intellectual property, including trademarks and
service marks, copyrights, patent designs and confidential information on the
subject of such intellectual property, inventions and innovation will be
negotiated on a project-by-project basis in the specific project agreements and
programmes of cooperation referred to in Schedule 1, subject to the conditions
of the sources of funding, if any, for that specific project where applicable.
6. COMMERCIALISATION
6.1. Under the articles of
this MoU, both Parties agree to jointly pursue commercialization in accordance
to the terms and conditions specifically stated in subsequent and separate
project agreements and programmes of cooperation, some of which are referred to
in Schedule 1 and including others which may be added on from time to time
pursuant to this MoU.
7. NON COLLABORATIVE
PURSUITS
7.1. Non-collaborative
pursuits made by either Party will not be bound by the Articles of this
MoU.
7.2. Other Collaborations
initiated by either Party shall not bind the other Party unless adequate
notification and consent has been obtained.
8. PUBLICATION OF
ARTICLES
8.1. Either Party may, with
the written consent of the other Party, such consent not to be unreasonably
withheld, publish the reports and findings of the collaborative activities of
the Parties in the form of an article in a journal, newspaper or other
periodical, or book, in any media, provided that the Parties have decided,
where appropriate, that a joint application for registration of a trademark,
service mark or design or an application for a patent will be made, such an
article shall not be published until the said application has been made. A copy of the article shall be provided
prior to publication to the Party whose written consent is required hereunder
for that Party’s perusal and written consent.
9. CONFIDENTIALITY
9.1. Neither of the Parties
shall, at any time, disclose to any third party, any confidential information
of the other Party, which is acquired pursuant to this MoU without the prior
written consent of the other Party, such consent not to be unreasonably
withheld.
10. PRESENTATION TO THE
PUBLIC
10.1 The Parties consent and
authorize each other to identify and represent the MoU and/or the specific
collaborative projects agreed herein and subsequently, to the public in written
announcements, releases, publications, advertisements, mailings on any media,
or by oral presentations as may seem appropriate provided that the other Party
has been duly information of the public presentation in advance.
10.2. From time to time, as
and when appropriate both Parties agree to make joint press releases to keep
the global community apprised of the outcomes of this MoU.
11. AMENDMENTS
11.1.
This MoU may be amended and supplemented in writing at any time as decided and
agreed by mutual written consent of the Parties.
12. TERM OF MOU
12.1. This MoU shall commence
on the date of its execution by the Parties and shall remain in force for a
period of two years; thereafter the MoU shall be deemed terminated by lapsing.
13. TERMINATION
13.1. Either of the Parties
may terminate this MoU by written notification to the other Party in writing of
its desire to terminate.
13.2. The termination of
this MoU shall not affect the implementation of the projects or programmes or
areas of cooperation established under it prior to such termination, unless the
specific projects or programmes are also explicitly terminated under the terms
and conditions of the project(s).
13.3. The provisions of the
relevant Articles in this document, including Articles 5, 6, 8, 9 and 15, shall survive termination of this
MoU howsoever caused.
14. EXTENSION
14.1. This MoU can be
extended by agreement of both Parties.
15. DISPUTE RESOLUTION
15.1. Any disputes arising
under or in connection with this MoU shall be referred by the Parties to
arbitration by a single arbitrator jointly appointed by the Parties.
15.2. In the event that
there is no agreement on the choice of arbitrator, an arbitrator shall be
appointed according with the Aribtration Rules of an International Arbitration
Centre.
16. NON-BINDING NATURE OF
THE MOU
16.1. Despite the statements
and obligations expressed herein, this MoU is a non-binding expression of the
current intentions of the Parties, and neither Party will incur nor be bound to
any legal obligations or expense hereunder to the other Party until and unless definitive
agreements have been negotiated, approved by the appropriate authorities of
each Party and executed and delivered by authorized respresentatives of both
Parties.
IN WITNESS where of the
parties hereto have caused this MoU to be signed on the 27th December,
2002, between 10.00 - 10.30 am at Hotel Ritz Carlton, Singapore,
|
Signed for and on behalf
of APBioNet ____________________ By S Ranganathan, Vice President for the President APBioNet |
Signed for and on behalf
of the Government of Andhra Pradesh ___________________________ Bibhu Prasad Acharya
Secretary to the
Government The State Government of Andhra Pradesh, India |
|
In the Presence of the
Witness ____________________________ Dr Tan Tin Wee
Founding Convenor, APBioNet Secretariat |
In the Presence of the
Witness __________________________ His Excellency, N. Chandrababu NaiduThe
Honorable Chief Minister of The State of Andhra
Pradesh, India. |
Schedule 1
1. Bioinformatics Databases
With the EMBnet node at the
Centre for DNA Fingerprinting and Diagnostics (CDFD), Hyderabad, to exchange
datasets with APBioNet’s collaboration with APAN called the BioMirrors Project.
2. APBioGrid
With the Centre for Cellular
and Molecular Biology (CCMB), Hyderabad, to be involved in Grid Computing
projects in the specific areas of bioinformatics and computational biology.
3. APBioNet collaboration
in BioWorldWideWorkflow
With the CCMB and the CDFD,
to participate in APBioNet’s collaboration with KOOPrime, Cray and Lion
BioScience in setting up a testbed for WorldWideWorkflow in Bioinformatics.
4. Replication and Expansion of Mirror Sites of S* Life
Science Informatics Alliance online bioinformatics lectures
In collaboration with S*
Life Science Informatics Alliance, with which APBioNet has an MoU to expand the
number of official mirror sites hosting the S* Online course material, to
target specific institutions of higher learning and research centres to host
these mirror sites and to coordinate bioinformatics training and education
based on such content and to expand these content for the local context.
5. APBioBox Project
Participation by the
research institutions in Andhra Pradesh, in the APBioNet’s APBioBox project
whereby the International Development Research Centre (IDRC) of Canada has
provided seed funding for APBioNet to set up a core repository of
bioinformatics resources, databases and computational tools and software
applications for widespread dissemination, to expand the range of this core
repository by contribution of such identified Andhra Pradesh institutions.
6. Any other Projects
subsequently identified and added to this Schedule