Faculty Office for Humanities and Social Sciences
Fibigerstræde 5
P.O. Box 159
9100 Aalborg
Denmark
Contact person:
Merete B. Rasmussen
Phone: +45 9940 9593
E-mail:

Date: 28-10-2018
Case No.: 2017-569-00020

Co-operation Agreement regardingPhDstudies

(Framework Agreement for double degree)

By and between

Aalborg University

The Faculty of Humanities(hereinafter referred to as ’FOH-AAU’)

Fredrik Bajers Vej 5
DK- 9220 Aalborg

CVR. no. 29102384

and

Partner University
Address

VAT no.

Preamble:

This Co-operation Agreement is made to promote the partnership betweenPartner Universityand Aalborg University in the field of PhD studies.

This Co-operation Agreement is entered into with reference to the following:

  1. Danish Ministerial Order No 1039 of 27 August 2013 on the PhD Programme at the Universities and Certain Higher Artistic Educational Institutions, hereinafter referred to as The Danish Ministerial Order on the PhD Programme (English translation, Appendix 1).
  2. National legislation on the PhD programme of Partner University (Appendix 2)
  3. The internal rules and regulations of the doctoral school at FOH-AAU (Appendix 3)
  4. The regulations regarding the PhDstudies at the University of Partner University(Appendix 4)
  5. Template for PhDstudy Agreement concerning double PhD degree(Appendix 5)
  6. The two institutions shall keep each other informed about the above regulations and alterations herein.

The following agreement is entered into with the aim of supporting co-operation between the universities in awarding double PhD degrees. FOH-AAU and Partner University hereby agree to cooperate within higher education and research with the specific aim of awarding double PhD degrees.

FOH-AAU and Partner University may award the PhD degree to students who have successfully completed an exchange programme at the Partner University, provided that such exchange programme has been completed in accordance with this agreement.The diplomas will only be issued if the PhD programme is being conducted in accordance with regulations for admission and completion of the PhD study and in accordance with the principles below:

Section 1The parties agree to collaborate in the field of PhD studies and set forth an educational programme that in all aspects fulfils the existing rules and regulations with regards to PhD education in both countries.Before entering this agreement, a common understanding regarding the contents of the PhD studies has been reached.

Section 2PhD students shall beenrolled at the doctoral school at FOH-AAU or jointly enrolled at the doctoral school of the Partner University and the doctoral school at FOH-AAU. The PhD programme in Denmark is equivalent to 180 ECTS points (three years full-time study).

Section 3For every PhD student registered in the doublePhD programme at FOH-AAU and Partner University, a PhD Study Agreement must be signed (see appendix 5).

Section 4ThePhDdefence shall be completed at FOH-AAU or Partner Universityfollowing the applicable regulations at FOH-AAUand Partner University(see appendix 3 and 4).

Section 5In cases where national regulations preclude a joint defence, the PhD defence can be completed as a double defence at both FOH-AAU and Partner University.

Section 6The PhDdegree will be conferred by the Academic Council at FOH-AAU and the corresponding body at Partner University.FOH-AAU will issue thediploma in accordance with the rules set forth in the Danish Ministerial Order on the PhD Programme, and the Doctoral Programmeof Partner Universitywill issue the diploma from Partner Universityin accordance with the rules set forth in Partner University’snational regulations on PhD education. Both diplomas must be stating: “In cooperation with “XXX””.

Section 7The diploma from FOH-AAU must be written in English and Danish.The diploma from Partner University must be written in English and xx. The diplomas shall contain information on the relevant field and the subject of the PhD thesis as well as information on the PhD programme completed.

Supervision, education and knowledge dissemination activities

Section 8In order to receive supervision regarding the PhDstudy and to participate in and complete PhDcourses, the PhDstudent must spend time atFOH-AAU and Partner University to the extent the said activities make it necessary and for a minimum of one year.

Section 9A supervisor is appointed from both FOH-AAU and Partner University. The supervisor from FOH-AAU is allocated when the enrolment has been approved by all relevant parties. The supervisors from FOH-AAU is responsible for following the rules and procedures at FOH-AAU and The Danish Ministerial Order on the PhD Programme, and the supervisor from Partner University is responsible for following the rules and procedures at Partner University.

Section 10In accordance with The Danish Ministerial order on the PhD Programme, the PhD student must participate in teaching activities or other types of knowledge dissemination activities. This can be fulfilled through a combination of teaching, conference presentations, press releases, popular scientific articles, scientific journal papers etc. FOH-AAU and Partner University are responsible for the PhD student’s fulfilment of these requirements.

Rightsand title to research results

Section 11 The rights and title to research results generated either by the PhD student and/or any of the supervisors are held by the party employing the PhD student or the supervisor having generated the results in question, in accordance with national legislation. In case the PhD student is not employed by any of the parties, research results generated by the PhD student are held by the PhD student, in accordance with national legislation.

The rights and title to research results generated jointly by the parties are held jointly by the parties with shares equivalent to each party’s intellectual contribution. In case the PhD student is not employed by any of the parties,research results generated by the PhD student together with one or more of the parties are held by the party(ies) and the PhD student with shares equivalent the party(ies)’ and PhD student’s intellectual contribution.

If a PhD student is involved in a research project involving third parties, research results generated by the PhD student in such research project shall be vested in the institution participating in the research project.

In the event that a patentable invention is generated jointly by employees of FOH-AAU and the Partner university, the parties will negotiate in positive spirits to reach an agreement regarding intellectual property right protection, the sharing of costs and obligations, and commercial exploitation of the invention.

The parties shall have a non-exclusive right to utilise, free of charge, any research results generated under this Agreement that cannot be protected by the Danish Patent Act or other specific legislation about intellectual property rights.

The parties shall have anon-exclusive right to utilise, free of charge,any research results generated under this Agreement for academic and educational purposes.

Confidentiality and publication

Section 12The parties are obligated to keep confidential any kind of research or trade secrets exchanged between the parties during the course of a PhDstudy, including information exchanged in connection with supervision of the PhDstudent. The obligation regards information which has been marked ‘confidential’ or if disclosed orally, has been reduced to paper by the disclosing party, marked ‘confidential’ and sent to the receiving party within 14 days after the time of disclosure, together with information which is obviously of a confidential nature (‘Confidential Information’).

Confidential Information does not comprise information, which:

- at the time of receipt was published or in any other way made available to the public,

- after the time of receipt has been published or made available to the public otherwise than through neglectof this obligation of confidentiality,

- already at the time of receipt was in the rightful possession of the receiving party without any restrictions,

- rightfully has been disclosed by a third party, who is not bound by any obligation of

confidentiality towards the receiving Party,

- already had been developed independently of the research project by the receiving party

This obligation of confidentiality shall cease no later than three years from the time of receipt.

Section 13The parties agree to and fully accept that the PhD student is subject to an obligation to disseminate with regards to research results, and that the PhD thesis shall be subject to a public defense, cf. the Danish Ministerial Order on the PhD Programme,Section 19.

The PhD thesis must be made available to the public in due time prior to the defense. It is therefore not possible for any part of the thesis or the defense to be confidential.

Section 14Each party shall enjoy the unrestricted right to publish research resultsgenerated by such party’s employees in scientific works and journals, and pursuant to the traditions of the area of research in question in respect of Section 12-13.

Research results generated by the PhD student alone or by the PhD student and one or more supervisor(s) under this Agreement shall be published jointly by the parties. Such results can however be published individually by any of the parties if the other party wishes not to participate in the publication.

Termination

Section 15This Co-operation Agreement enters into force once it has been signed by the parties and terminates after a five year period, unless the parties agree to extend the term of the agreement. Each party is entitled to terminate the agreement with 6 months written notice. Such termination shall only have effect forcandidates not yet enrolled at the Doctoral Schools at FOH-AAU and Partner University, meaning that the Co-operation agreement shall be applicable with full effect for PhDstudents already enrolled and for the period of time set forth in the specific PhD study agreement regarding the said PhDstudent.

Further regulations

Section 16The Doctoral School at FOH-AAU reserves the right torevisethe regulationsregarding PhDstudies of the Doctoral School at FOH-AAU in the event that it becomes necessary or desirable for practical reasons. The same applies for Partner University.

Any amendments or changes to this Co-operation Agreement shall be agreed by the parties in writing.

Breach of Agreement

Section 17In the event a party materially breaches its obligations according to this Co-operation Agreement, the other party may terminate the Agreement. However, the Agreement may only be terminated if the breaching party has not remedied such breach within thirty (30) days after receipt of a written demand.

Liability

Section 18The parties shall be liable in accordance with the ordinary rules of liability in Danish law. The parties shall however not be held liable for any indirect losses, consequential damages, operating losses, lost earnings or other economic consequential losses, including claims of a third party.

Choice of Law and Venue

Section 19This Co-operation Agreement shall be governed by Danish Law, however, with the exception of Danish international private law and rules concerning choice of law, to the extent that such rules would lead to the application of another country’s law.

Any dispute between the parties arising from this Co-operation Agreement, including interpretation and application of the Agreement, and which cannot be settled amicably by the parties, shall be tried by the Court of Aalborg as a court of first instance.

Signatures

For the Faculty
Partner University / For the Faculty of Humanities
Aalborg University
Place and date: / Place and date:
______
Dean
______
Director of doctoral school
______
Rector / ______
Head of Department
______
Director of Doctoral School
______
Nina Schjoldager,Authorised to sign on behalf of Rector, AAU

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