1 Guidelines for the use of the Institute for Biodiversity and Environmental Research (IBER) databases. Throughout this guideline, IBER data refer to data collated and maintained in the IBER databases as listed in Appendix 2 and Appendix 3. 1. Proposal submission 1.1 Requests to use IBER data should be directed to the Director of the Institute for Biodiversity and Environmental Research (IBER) at least two (2) months before the start of the research project by submitting the following: 1.1.1 Cover letter. This should include details of project team (names, positions and affiliations of all members of the team who will use the plots data) and a brief explanation of the purpose of data use. 1.1.2 Research proposal. 1.2 All requests to use of IBER data will be reviewed by IBER, who will then recommend to the Deputy Vice Chancellor (DVC) whether the project should proceed. 1.3 Permission to use IBER plots and plots data is granted by the DVC following IBER s recommendation. 1.4 All members of the project team (i.e. UBD or locally-based researchers and international collaborators) will sign a research agreement covering the terms of data use specific to their approved research project. 2. Permits 2.1 The project team, via the UBD-based lead researcher, is responsible for applying for specimen collection permits from BioRIC, and entry permits to work in Forest Reserves and Stateland Forest areas from the Brunei Forestry Department, through Director IBER. 2.2 In the event that export permits are needed, the project team, via the UBD-based lead researcher, is responsible for applying for these permits to the Head of the
2 Biodiversity Research and Innovation Centre (BioRIC), Ministry of Industry and Primary Resources, through Director IBER. 2.3 Applications for collection, entry and export permits must follow IBER s guidelines. 2.4 The project team agrees to observe and follow laws and regulations of Brunei Darussalam with regards to working in Forest Reserves and Stateland Forest areas. 3. Person to contact 3.1 Any UBD-based academic interested in using IBER data for their teaching and research at UBD must contact the Director IBER to obtain permission for data use. 3.2 Any UBD student, research fellow, postdoctoral researcher, visiting academic or visiting researcher interested in using IBER data for their research while based at UBD must contact the Director IBER to obtain permission for data use. This permission request must be submitted by their supervisor(s) or host academic at UBD. 3.3 Any international researcher interested in using IBER data must contact the Director IBER to obtain permission for data use. The Director IBER will then disseminate information on the potential collaborations to the appropriate UBD-based plot researcher(s). 3.4 In the event that a UBD-based researcher(s) is contacted by a potential collaborator (local or international), it is the responsibility of the UBD-based researcher to write to the Director IBER to obtain permission for data usage and to advise the collaborator to contact the Director IBER. 4. Data ownership and management 4.1 All IBER data will remain under UBD s institutional control. 4.2 IBER data are the intellectual property of UBD and is managed through IBER as the authority. The use of IBER data is subjected to UBD s Intellectual Property policy. 4.3 All UBD staff and students are bound to UBD s Intellectual Property (IP) policy and Policy and Guidelines on Research and Research Grants currently enforced. 4.4 Access to IBER data will be granted by Deputy Vice Chancellor following advice from IBER. 4.5 Data can only be used for the approved project and cannot be transferred to a third party without permission from IBER/UBD. 4.6 IBER reserves the right to use data collected by IBER researchers, UBD staff and students and collaborators for the purpose of compiling IBER s databases and checklists, and to contribute towards national level databases. Data collectors will be consulted in the event that their data is to be used for publication by IBER. Data collectors will be acknowledged and may be offered co-authorship in publications where applicable. 4.7 IBER has the right to share data sets concurrently with two or more researchers/research groups for projects that do not overlap.
3 4.8 Both UBD-based researchers and international collaborators agree to keep IBER informed of developments in the project. 4.9 A softcopy of all data gathered during the project, including checklists, must be submitted to the Director IBER with the project report. These data will be uploaded to IBER databases for collation, future reference and continuation of studies. 4.10 Data collated in IBER s databases may be made available to UBD staff and students for teaching, as well as UBD-based researchers or their collaborators, subject to IBER s data sharing policies. Data collectors will be informed when their data are to be used in this way. 4.11 IBER reserves the right to selectively upload data into the IBER databases. 4.12 Where applicable, the project team may be asked to share photographs collected during their project for IBER s use. Photographs shared will be owned by the project team and/or individual researchers, and if used by IBER, the owners will be acknowledged. 5. Local collaborators 5.1 The Deputy Vice Chancellor reserves the right to approve the selection of UBD researchers involved as part of the project team. 5.2 The project team is encouraged to have at least one Bruneian co-investigator from amongst full-time UBD academic staff as a member of the project team. 5.3 The project team is encouraged to include UBD students, in particular local Bruneians, as part of the project to increase local capacity building. 6. Co-authorship 6.1 All publications that use IBER data must include the UBD-based collaborator(s) who will actively contribute for the respective projects as co-authors. 6.2 Copies of manuscripts should be sent to UBD-based plot researchers prior to submission. 6.3 Where IBER data are used for modelling or synthesis studies, respective UBD based researchers, IBER staff/researchers, involved in the collaboration(s) have the right to request co-authorship in any resulting papers or presentations. 6.4 A copy of all publications and presentations, including theses, conference presentations and posters, making use of IBER plots data should be sent to IBER and the UBD collaborators within one (1) month following publication. 7. Data use period 7.1 The data requested will only be made available for the use of the approved project team during the period of study, or throughout the duration of an agreed research agreement or memorandum of understanding between IBER and the project team.
4 7.2 In the event of an extension being required to the approved project, a formal request for extension of data use must be submitted to Director IBER, with clear justifications. 7.3 Future use of IBER plots data by the project team or any of its members for projects not covered in the original project proposal requires a new request to be submitted to the Director IBER. 8. Project execution and completion 8.1 Both UBD-based researchers and international collaborators agree to keep IBER informed of developments in the project. IBER reserves the right to request project reports from the team as and when necessary. 8.2 The project team will submit a project report to Director IBER within two (2) months of the completion of the project. 8.3 A softcopy of all data gathered during the project, including checklists, must be submitted to the Director IBER with the project report. These data will be uploaded to IBER databases for collation, future reference and continuation of studies. 8.4 Selected data collated in IBER s databases may be made available to UBD staff and students for teaching purposes, as well as UBD-based researchers or their collaborators, subject to IBER s data sharing policies. Data collectors will be informed when their data are to be used for this purpose. 8.5 Where applicable, the project team may be asked to share photographs collected during their project for IBER s use. Photographs shared will be owned by the project team and/or individual researchers, and if used by IBER, the owners will be duly acknowledged. 9. Acknowledgements 9.1 IBER and UBD must be acknowledged in all publications that use IBER plots data. 9.2 Where collection, entry and export permits have been granted, the Forestry Department, the Biodiversity Research and Innovation Centre (BioRIC) and any other local institution involved should be acknowledged in publications.
5 Appendix 2 GIS Databases under the administration of the Institute for Biodiversity and Environmental Research (IBER) 1. Brunei Darussalam National Boundary Outline 2. Brunei Darussalam River System 3. Brunei Darussalam Lakes and Reservoirs 4. Brunei Hills (Vantage point) 5. Forest Map of Brunei Darussalam (from Anderson & Marsden, 1984) 6. Soil Map of Brunei Darussalam (from Anderson & Marsden, 1984) 7. Roads of Brunei Darussalam (in 1994) 8. Dipterocarp collection points (Prof Peter Ashton s 1964 Data) 9. KBFSC Forest Trails 10. Brunei Rainforest Project s Amphibian collection area 11. Brunei Rainforest Project s Bats collection area 12. Brunei Rainforest Project s Birds collection and observation area 13. Brunei Rainforest Project s Ethnobotany collection area 14. Brunei Rainforest Project s Ferns collection area 15. Brunei Rainforest Project s Mammal collection and observation area 16. Brunei Rainforest Project s Reptiles collection area 17. Brunei Rainforest Project s Butterflies collection point 18. Brunei Rainforest Project s Frogs collection point 19. Brunei Rainforest Project s Fish collection point 20. Brunei Rainforest Project s Flies (Diptera) collection point
6 Appendix 3 Other databases under the administration of the Institute for Biodiversity and Environmental Research (IBER) 1. KBFSC automatic weather station data (from 1995 to 1998; 20 July 2011 onwards) Daily rainfall, max-min temperature, solar radiation, wind speed and wind direction 2. KBFSC daily rainfall data (from February 1991 onwards) 3. Prof Peter Ashton s 1964 soil data Provided by Prof Peter Ashton to Dr Rahayu Sukri in 2009 Soil data from Peter Ashton s plots in Kuala Belalong and Andulau 4. Dipterocarp diversity and soil data from Andulau and Belalong collected by Rahayu Sukri in 2007-2009 5. Brunei Dipterocarpaceae database (compiled by Dr Rahayu Sukri and BSc Biology students as of 2012) 6. Checklist of flora and fauna at KBFSC (compiled by Rodzay Abdul Wahab, Rafhiah Kahar and Hajah Masnah Haji Mirasan as of 2013) 7. Checklist of plants on UBD campus/ubd herbal garden (compiled by Dr Rahayu Sukri, Dr Faizah Metali, AP Kushan Tennakoon and Prof Dato Hj Mohamed Abdul Majid as of 2013)
7 UNIVERSITI BRUNEI DARUSSALAM RESEARCH AGREEMENT made on this day of 2013. Between UNIVERSITI BRUNEI DARUSSALAM, a university established pursuant to the Universiti Brunei Darussalam Act whose office is at Tungku Link, Gadong BE1410, Brunei Darussalam (hereinafter referred to as the University ) of the first part; And (hereinafter referred to as the Researcher(s) ) of the second part; (hereinafter referred to individually as the Party, collectively the Parties ). This Agreement is entered into between the University and the Researcher(s), for the project on referred to as the Research ). (hereinafter With the signing of this agreement, the Researcher(s) agree to the TERMS AND CONDITIONS hereinafter contained: 1. RESEARCHER S UNDERTAKING 1.1 To ensure quality research and deliverables upon completion of the Research; 1.2 To keep to the timeline of the Research project; 1.3 To ensure proper management of funds allocated (if any) and uphold financial integrity; 1.4 To ensure that, if there are any inventions, patent materials, etc, to inform the University and comply with the University Rules and Guidelines on Intellectual Property Rights; (IP Policy attached as Schedule A); 1.5 To maintain a high standard of ethics and research integrity; 1.6 To maintain and uphold the reputation of the University; 1.7 To let Director IBER inspect research records, lab work, lab books and other related research works as needed; 1.8 To comply with all the guidelines for the use of the Institute for Biodiversity and Environmental Research (IBER) databases.
8 1.9 To include and publish the University s collaborators as co-authors in any papers resulting from the Research with the University in Brunei Daussalam; 1.10 To comply with all the guidelines and policy on export permits as outlined by the Biodiversity Research and Innovation centre, Ministry of Industry and Primary Resources and the laws of Brunei Darussalam; 1.11 To comply with all the guidelines and policy on entry permits as outlined by the Forestry Department, Ministry of Industry and Primary Resources and the laws of Brunei Darussalam. 2. INTELLECTUAL PROPERTY RIGHTS INDEMNITY 2.1 The Researcher(s) shall indemnify and hold harmless UBD against any and all claims based on allegation of infringement of copy right, trademark, patent or other intellectual property rights of any third party as a consequence of the Researcher(s) s Research or of the use by the University of reports submitted by the Researcher(s). 2.2 In the event of such allegation of infringement of copy right, trademark, patent or other intellectual property rights of any third party, or in the opinion of the Researcher(s) is likely to be made in respect of the use by the University of any reports submitted by the Researcher(s), the Researcher(s) shall at their own cost and expense, either obtain for the University the right to use such reports or modify or replace such reports so as to avoid infringement. 3. CONFIDENTIALITY 3.1 The Parties shall ensure that information supplied to or deriving from the Research is exchanged between themselves on a confidential basis. 3.2 In the event of one Party making available to the other Party (the Receiving Party ) confidential information relating to its business, scientific or other activities in the course of the Research ( Confidential Information ), the Receiving Party shall maintain the secrecy of such Confidential Information and shall not disclose it to third parties or members of its staff, directors or students outside the team working on the Research without the prior written consent of the Party disclosing it. 3.3 Each Party shall ensure that any of its employees, Students and affiliates involved or engaged in the Research shall maintain the secrecy of the other Party s Confidential Information. 3.4 The provisions of this Clause 3 shall survive the expiration or termination of this Agreement. 4. GENERAL 3.5 The obligations under this Clause 8 shall not apply to any information which the Party can establish to have become publicly known without breach of this Agreement by the Party. 3.6 The Researcher(s) shall upon the expiration or termination of this Agreement or immediately upon the University s request, return to the University all documents and other tangibles, including diskettes and storage media (and all copies and reproductions of any of the foregoing) which contain Proprietary Information and which may be in the Researcher(s) s possession or under their control. 4.1 Relationship of Parties: Nothing in this Agreement shall create, or evidence any partnership between the Parties, or a relationship of principal and agent. Nothing in this Agreement shall create or imply an arrangement of employment between the Client and the Researcher(s).
9 4.2 Severability: Each provision of this Agreement is to be construed separately and, even if the whole or any part of any provision proves to be illegal or unenforceable in any jurisdiction, the other provisions of this Agreement, and the remainder of the illegal or unenforceable provision, shall continue in full force and effect in that jurisdiction, and the legality, validity and enforceability of that provision in any other jurisdiction shall not be affected. 4.3 Waiver: No delay or failure by either Party to exercise any of its powers, rights or remedies under this Agreement shall operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing. 4.4 Entire Agreement: This Agreement, including its Schedules, constitutes the entire agreement between the Parties and supersedes any previous agreements, arrangements or understandings between them relating to the subject matter hereof. 4.5 Amendments and Variations: No amendment or variation to this Agreement shall be effective unless in writing and signed by both parties or their duly authorised representatives. 4.6 Assignment: Neither Party may assign, mortgage, charge, or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the other Party. 4.7 Dispute Resolution (a) The Parties shall make every effort to amicably resolve, by direct informal negotiation, any dispute arising between them pursuant to or in connection with this Agreement. (b) If the Parties are unable to amicably resolve any dispute within thirty (30) days from the date when such dispute arose, either Party may require that the dispute be referred for resolution by arbitration in accordance with the provision of the International Arbitration Order, 2009. (c) The Arbitration Tribunal shall consist of a single arbitrator, such person to be agreed between the Parties, or failing agreement, to be nominated in accordance with the International Arbitration Order, 2009. The applicable rules of the Arbitration shall be the UNCITRAL Rules of Arbitration (d) The seat and place of the arbitration shall be Brunei Darussalam and the language of the arbitration shall be English. (e) All rights and obligations of the Parties under this Agreement shall continue in full force and effect pending the final outcome of such arbitration. (f) Any reference to arbitration under this Clause shall be a submission to arbitration within the meaning of the International Arbitration Order, 2009 for the time being in force in Brunei Darussalam.
10 4.8 Governing Law: This Agreement shall be governed by and construed in accordance with the law of Brunei Darussalam and the exclusive jurisdiction of the courts of Brunei Darussalam. 4.9 Effective Date and Term This Agreement will become effective on the date of approval of the appointment and will be valid for the duration of the approved project ( to ). In witness of the above, the Agreement is to be executed in two identical copies, both in English, by both Parties, and both Parties will retain one copy each of the Agreement. Date Date Signature [AP DR HAJAH ZOHRAH HAJI SULAIMAN] Deputy Vice Chancellor Universiti Brunei Darussalam Signature [ ] IBER Research Collaborator/Lecturer of UBD Universiti Brunei Darussalam