Participation of Foreign Research Institutions in Commissioned Research Projects through the Research Agreement Framework
To actively promote collaborative research with foreign research institutions, the Bio-oriented Technology Research Advancement Institution (BRAIN) has developed a standardized template for the Research Agreement - a research contract that outlines essential terms for the implementation of commissioned research projects involving foreign research institutions.
This initiative pertains specifically to joint research projects in which BRAIN provides research funding to a foreign research institution, as stipulated under the Guidelines for the Implementation of Commissioned Research Projects - Administrative Procedures through the use of Commissioned Funds for Designated Foreign Research Institutions (Tokutei Gaikoku Kenkyū Kikan Itakuhi).
The Research Agreement is a tripartite contract concluded in English among BRAIN, the research consortium member organization or its representative organization (hereinafter referred to as the "Representative Institution"), and the foreign research institution (including foreign corporation, foreign state, foreign public entity, and international organization, hereinafter referred to as "Foreign Research Institution").
In addition to the Research Agreement template, we are pleased to announce the release of the Guidelines for the Use of the Research Agreement (First Edition). We strongly encourage its use to ensure effective and seamless collaboration.
Notes:
- The Representative Research Institution shall bear responsibility for ensuring that the Foreign Research Institution adheres to all requirements essential to the commissioned research.
- This framework applies only to cases governed by the above-mentioned Research Agreement. Other types of arrangements with foreign institutions fall outside the scope of this initiative.
Documents Available for Reference and Download
Q&A
A Q&A document concerning this framework is also provided below for reference.
| Question | Answer | |
|---|---|---|
| 1 | What are the advantages of designating the English version of the Research Agreement as the official text, with the Japanese version serving only as a provisional translation? | By establishing the English version as the official document, all parties - BRAIN, the Representative Institution, and the Foreign Research Institution - can independently and clearly understand the contract terms. If the Japanese version were official, it would be difficult for the Foreign Research Institution to interpret the content, often requiring considerable effort before the agreement can be concluded. |
| 2 | Is the tripartite Research Agreement a mandatory requirement for conducting joint research with a foreign research institution? | No. In addition to the Research Agreement approach, joint research may also be conducted through previously established methods, such as: a. Inclusion of the Foreign Research Institution in the research consortium as a joint research partner (member), similar to domestic institutions; or b. Designation as a "cooperating institution" under Article 7 of the Commissioned Agreement (collaborative research without the disbursement of research funds to the foreign institution). |
| 3 | What are the advantages of entering into a tripartite Research Agreement with a foreign research institution? | It enables the disbursement of research funds to the foreign research institution. Under the conventional method, foreign research institutions must understand and comply with all consortium-related documents and procedures written in Japanese, which generally imposes a significant burden on all parties involved. In contrast, the tripartite Research Agreement allows submissions and procedures to be carried out in English, significantly alleviating this burden. |
| 4 | Who are the official parties to the Research Agreement? | The agreement is concluded by three parties: BRAIN, the Representative Institution, and the Foreign Research Institution. The contract must be signed and dated by authorized representatives of each institution, with their names and titles stated at the beginning of the agreement. |
| 5 | What is the fiscal year referred to in the Research Agreement? | As defined in Section 1.1 ("Definitions"), the fiscal year follows the Japanese fiscal calendar, beginning April 1 and ending March 31 of the following year. |
| 6 | How are research funds paid to a foreign institution under the Research Agreement? | Payments are made as the Commissioned Funds for Designated Foreign Research Institutions disbursed through the Representative Institution, in accordance with the procedures outlined in the Guidelines for the Implementation of Commissioned Research Projects - Administrative Procedures. |
| 7 | Are indirect costs to foreign institutions under the Research Agreement treated as part of the standard "indirect costs" defined in the Guidelines for the Implementation of Commissioned Research Projects - Administrative Procedures? | No. Indirect costs paid to foreign institutions are disbursed as part of the Commissioned Funds for Designated Foreign Research Institutions, separate from the "indirect costs" stipulated in the Guidelines for the Implementation of Commissioned Research Projects - Administrative Procedures. |
| 8 | Can the indirect cost rate for a foreign research institution under the Research Agreement be set arbitrarily? | The indirect cost rate for a foreign research institution is, in principle, set at no more than 30% of direct costs. However, if a higher rate is required, the institution must consult with BRAIN in advance. |
| 9 | Do the "Commissioned Agreement" or "Consortium Agreement" need to be revised when concluding a Research Agreement? | Yes. Revisions to these documents are required when conducting joint research under the Commissioned Funds for Designated Foreign Research Institutions. Please refer to the Guidelines for the Use of the Research Agreement (First Edition) for details. |
| 10 | Can the content of the Research Agreement be customized, such as by adding or deleting specific clauses? | Yes. The Research Agreement is a template and may be modified as necessary to comply with local laws or to reflect the specific nature of the research. Additional agreements, such as a Material Transfer Agreement, may also be attached if required. |
| 11 | Can the Research Agreement template be used for international collaborative research beyond the Moonshot Program? | Yes, the template can be adapted for other programs. In such cases, the "Preamble" and the definitions in Section 1.1 should be revised to suit the specific project. Please refer to the Guidelines for the Use of the Research Agreement (First Edition) for further guidance. |
| 12 | Is a foreign research institution permitted to procure research equipment using research funds under the Research Agreement? | No. Research equipment cannot be purchased with the Commissioned Funds for Designated Foreign Research Institutions. However, procurement of research equipment is permitted through lease contracts. |
| 13 | How is confidentiality handled under the Research Agreement? | The Representative Institution and the Foreign Research Institution, as well as their employees and any personnel involved in the joint research, are obliged to maintain the confidentiality of all information acquired in the course of the project, regardless of the duration of the agreement. Please refer to Article 8 of the Research Agreement for details. |
| 14 | What are the obligations regarding the publication of research results under the Research Agreement? | Research results, except those requiring confidentiality, should be appropriately disclosed. If the Foreign Research Institution intends to publish results, it must report to BRAIN in advance and obtain BRAIN's approval where deemed necessary, as stipulated in Article 9 of the Agreement. |
| 15 | Why does Article 10.1.1 stipulate that BRAIN must hold at least 50% of the total share of intellectual property rights between BRAIN and the Foreign Research Institution? | This provision under Article 10.1.1 is founded upon the legal framework governing intellectual property rights arising from government-commissioned international joint research projects. Specifically, the provision aligns with: Article 22(1) of the Act on the Promotion of Creation of Science, Technology and Innovation (Act No. 63 of 2008), Article 6(1) and (2) of the Enforcement Order of the same Act (Cabinet Order No. 314 of 2008), and The Operational and Evaluation Guidelines for the Moonshot Research and Development Program issued by the Cabinet Office and relevant ministries (dated February 4, 2020). |
| 16 | Why does Article 10.3.1 require that even if the Foreign Research Institution generates research outcomes, it must report them through the Representative Institution, rather than directly to BRAIN? | All reports submitted to BRAIN must be in Japanese. As it would be difficult for a foreign research institution to prepare technically accurate reports in Japanese, this responsibility is delegated to the Representative Institution, which is better positioned to manage the research content and ensure accurate communication in Japanese. |
| Contact |
| email : rateam[at]ml.affrc.go.jp NOTES - In sending messages, replace [at] with @ in the email addresses above. |