Chapter I
Preliminary Provisions
Article 1 The Institute for Sustainable Global Science, Technology and Innovation is constituted as a private, non-profit Scientific, Technological and Innovation Institution (STI), oriented by the perspective of sustainability as a condition for social and environmental responsibility, an entrepreneur of integral human formation and continuous improvement of the global ecosystem.
Article 2 The Regiment has as a guiding guideline the systematic support for sustainability and innovation as a propulsive base for the creation and development of technological products and/or services, research, extension, and the undertaking of its own projects or in partnership with interested third parties (public, private, and third sector), in all its areas of knowledge.
Article 3 The execution of the policy and full compliance with this guideline must be supported as a primary factor by the following principles:
I. The Institute is supportive of entrepreneurial initiatives focused on sustainability and innovation;
II. the Institute unconditionally supports applied research that meets demands for sustainable, technological and innovative partnerships with national and international enterprises;
III. The Sustainable Ecosystem is the Institute's fundamental guiding Virtual Environment for interaction and knowledge transfer and must constitute a sustainable innovative collaborative system;
IV. the Institute is responsible for the preservation and protection of intellectual property and the transfer of technology, which is in line with its Vision, Mission and Sustainable Values, always considering the potential benefits to human development, organizations, markets and contemporary society, as well as, to its researchers by exploiting these sustainable innovations.
V. the Institute for Sustainable Global Science, Technology and Innovation shall henceforth adopt the name ICT Sustentável Global and the acronym: ICTISG.
Article 4 The Institute for Sustainable Global Science, Technology and Innovation shall be governed by its Statute, by these Rules of Procedure and on the basis of its Compliance, Integrity, Ethics and Transparency Policy and its Code of Conduct, approved by the General Assembly.
Chapter II
General Objective
Article 5 The purpose of the Regulations of the Institute of Science, Technology and Global Sustainable Innovation is to establish the principles and guidelines for sustainable and innovative actions, protection of all assets resulting from the Institute's intellectual production and their transfer on behalf of society, in support of competitive insertion aimed at continuous improvement of human development, organizations, markets and local and global society, always based on the principles and guidelines anchored in the main legal references, considering:
I. the Brazilian Federal Constitution;
II. Decree No. 9,283 of 07/02/2018, which regulates the New Legal Framework for Science, Technology and Innovation, and Law No. 13,243/2016, which establishes the New Code of Science, Technology and Innovation and integrate the National Strategy Program for Science, Technology and Innovation (ENCTI 2016-2022);
III. a Constitutional Amendment No. 85/2015, which amends and adds provisions to the Federal Constitution (FC) to update the treatment of Science, Technology and Innovation activities;
IV. the Decree No. 8,269/2014, which proposes a new standard for organizing technology production and creating the National Knowledge Platform Program - National Knowledge Platform Program (PNPC);
V. a Law No. 10,973/2004 - Innovation Law, Law No. 11,077/2004 - New Informatics Law, Law No. 11,105/2005 - Biosafety Law and Law No. 11,196/2005 - Law of Good, which grants tax incentives to legal entities that carry out research, development and innovation (RD&I) activities, which together make up the Industrial, Technological and Foreign Trade Policy (PITCE);
VI. the Industrial Property Law No. 9,279, of May 14, 1996;
VII. the Copyright Law No. 9,610, of February 19, 1998;
VIII. the Decree No. 5,563, of October 11, 2005, which regulates the Innovation Law;
IX. the Decree No. 5,798 of June 7, 2006, which regulates tax incentives for technological research and technological innovation development activities and its amendments (articles 17 to 26, of the Law of Good); and
X. Related legislation, including the Oslo Manual definitions with proposals and guidelines for collecting and interpreting data on technological innovation.
Chapter III
General Principles
Article 6 The Institute's general guiding principles are that it focuses entirely on development based on sustainability and innovation, especially since it considers these to be expressive driving axes for its undertaking in the information and knowledge society.
Single paragraph. In consonance with the aforementioned axes, the following are the possible structures that will provide its resourcefulness and necessary responsiveness to global demands:
I. The framework for supporting sustainability is based on the main institutionalized documentations at the global level. But, it is desired that it be understood and undertaken necessarily and simultaneously in all dimensions - political, social, economic, environmental and cultural. For, it is believed that when sustainability grounds our thinking in this dimensional circumstance, it considerably enhances our actions, thus becoming sustainable and providers of socio-environmental responsibility.
II. The structure to support innovation has a sustainable ecosystem, which will provide the development of actions and professional activities of national and international researchers in the same environment, including working in a multidisciplinary way in different projects from different areas of knowledge. For, it is believed that when innovation starts to be thought of by independent areas it favors the resizing of projects and signals the necessary disruptive situation, indispensable for its constant evolution and necessary to meet the imminent demands in contemporaneity.
Chapter IV
From Competencies
Article 7 The competencies of the Institute for Science, Technology and Global Sustainable Innovation are:
I. Comply with and enforce the Policy and all guidelines related to Sustainability and Innovation of the Institute;
II. ensure that the Institute's policy of encouraging the undertaking of sustainable and innovative actions/activities, protection of creations and other forms of technology transfer is maintained;
III. analyze, evaluate and classify the results arising from research activities and projects for the fulfillment of the provisions of current legislations and of the present Regulations;
IV. reflect and opine on the appropriateness and promote the protection of creations developed in the institution;
V. carry out the analysis and technical, technological and economic evaluation of the creations;
VI. promote actions aimed at socio-environmental innovation and ongoing support for innovative sustainable entrepreneurship;
VII. understand, serve and guide the internal and external community regarding the executions of its innovative sustainable actions/activities;
Chapter V
Rights and Obligations
Article 8 The Institute for Sustainable Global Science, Technology and Innovation, from its sustainable and innovative essence, will always strive for full transparency intrinsic to the rights and obligations of its Advisors, Researchers and technical and administrative staff for the execution of their professional activities.
Article 9 Council Members and Researchers are entitled to participate in the Institute's actions and activities and, when producing (sustainable and innovative) products, to appropriate part of the results, as authorship/co-authorship, especially when enabling technology transfer and licensing for granting the right to use or exploit the protected creation of which they were the inventor, obtainer or author.
§1º The Institute's members and other professionals involved in research and project negotiation activities must sign a Term of Responsibility for the Confidentiality and Secrecy of information related to the creation, under penalty of administrative, civil and criminal sanctions under Brazilian law.
§2nd The aforementioned duties extend in their entirety to all personnel involved in the research and development process, as well as in the administrative and judicial process, up to the date of obtaining the privilege.
Article 10 It is up to the Institute to determine the form of protection for intellectual property and to promote the transfer of technologies, in order to obtain economic gains or any benefits obtained through contracts signed within the scope of the Institute.
Single paragraph. Economic gains, the relinquishment of rights over creations, and the provision of services will be regulated in the Institute's Innovation Policy and other regulations, approved by the General Assembly.
Article 11 The contracts, agreements and adjustments to which the Institute is a party and participates with the aim of carrying out research, development and/or innovation will obligatorily contain clause/s regulating the protection of intellectual property rights, under the terms of the Innovation Law and internal regulations.
Single paragraph. The Institute will participate in the negotiation of research, development and/or innovation projects, entered into by the Institute, whenever there are rights related to intellectual property and innovation.
Article 12 The divulgation of creations developed in the Institute, susceptible to intellectual protection, is conditioned to an opinion from the Institute.
Article 13 All research in the most varied areas of knowledge, especially creations involving living beings, humans, and animals, must be supported by an opinion from the Research Ethics Committee of the Institute of Science, Technology, and Sustainable Global Innovation.
Art.14 Research carried out with access to associated traditional knowledge and/or access to genetic heritage for purposes of scientific research, technological development or bioprospecting, aiming at its industrial or other application, must have prior consent from the Genetic Heritage Management Council (CGEN) of the Ministry of the Environment.
Chapter VI
Partnerships and Service Delivery
Article 15 The Institute may enter into partnership agreements with public, private, and third-sector entities, to conduct studies, sustainable applied innovative research, and the development of technology, product, or process, in which the following must be expressed:
I. the ownership of the intellectual property; and
II. the participation in the results of the exploitation of the creations that the partnership generates, considering the intellectual capital and the financial and material resources allocated by the effective participants.
Article 16 Partnership Agreements with private institutions, public entities and third sector organizations must foresee in detail the granting of human, financial, material and laboratory or non-laboratory infrastructure resources for the development of studies and research, including the necessary operational and administrative expenses.
Article 17 The rendering of technological services in activities aimed at sustainability, innovation, and scientific and technological research in the productive environment is the object of specific contracts between the contracted supporting institution and the public, private, or third sector institutions that require them, with the Institute's intervention, for the cession of laboratory and technical facilities necessary for their execution.
§1st Researchers and technical and administrative employees involved in the provision of technological services may receive pecuniary retribution, provided that it is funded exclusively with resources raised from the services/projects provided, upon prior approval by the Innovation Committee.
§2º The values of the technological services thus contracted, collected by the supporting Institution, will be kept in an accounting account in favor of the Institute of Science, Technology and Global Sustainable Innovation, discounting the remuneration for its activities, under the terms of the specific contract it signs with the Institute.
Chapter VII
Professional Practices and Transparency
Article 18 The Global Institute of Science, Technology and Sustainable Innovation with its Advisors, Board of Directors and Researchers and technical and administrative teams involved in the development of research, products and services undertake to maintain confidentiality about all actions and activities undertaken, about the practices worked and their advances, about specific performances, as well as about the information and documents produced.
Single paragraph. The consolidated data may be used by the Institute in scientific publications, academic and technical studies, always in aggregate form and omitting the identification of participating partners, except in cases where the express authorization of said participating partners is obtained.
Article 19 The disclosure of the Semi-Annual Report will be made in January and July of each year, and the Financial Statement and Social Balance will be made in January, considering the period of the fiscal year from January 1 to December 31 of each year, according to the Bylaws. After the release of the report the Board Members and partners will have access to the performance reports.
Single paragraph. The Annual Semester, Financial Statement and Social Balance Reports will be available on the Sustainable ICT Global website for the general public to see, in accordance with transparency policies.
Article 20 Partner companies will be automatically authorized to use the logo of the Institute for Sustainable Global Science, Technology and Innovation, always integrated with access to the Institute's website, in actions and advertising activities and various communication campaigns.
§1st The partner Institution must use the logo sent by email by the Institute, as well as the link to which it must be integrated.
§2nd It is understood that the publication of the logo does not imply validation of the Institute's practices or actions regarding sustainability and innovation, and that it only aims at informing that the Institute is supporting the partner and wishes that it increasingly aligns with its actions innovative sustainable practices.
General Provisions
Art. 21 The Institute for Science, Technology and Global Sustainable Innovation will elaborate a biannual report on its actions and activities on sustainability and innovation, the creations developed within the scope of the institute, the protections requested and granted, or the technology transfer signed, under the terms of the Innovation Law.
Article 22 Failure to comply with any of the obligations provided for in these Regulations will result in the opening of a disciplinary administrative inquiry or process to ascertain the responsibilities of those involved, under the terms of Brazilian legislation.
Article 23 The Institute for Sustainable Global Science, Technology and Innovation may have regulations that meet specificities, but always based on these Regulations, the Compliance, Integrity, Ethics and Transparency Policy and its Code of Conduct.
Single paragraph. Failure to comply with any Regulations of the Institute of Science, Technology and Sustainable Global Innovation and the obligations set forth therein will also imply the opening of a disciplinary syndicate or administrative process to ascertain the responsibilities of those involved, under the terms of Brazilian legislation.
Art. 24 Within the Institute, the Councils, the Research Groups and Research Lines, the Extension Activity Groups and Extension Lines, are responsible for providing unconditional support to the Institute in actions and activities that promote sustainability and innovation.
Art. 25 Any omitted cases will be resolved by the Institute and submitted to the General Assembly for consideration.
Art. 26 These Regulations shall enter into force on the date of their approval by the General Assembly.
Rio de Janeiro, September 12, 2021.
Marcelo Pereira Marujo
CRA-RJ: 20-41031-0
President Director