1 Guidelines for the use of the Institute for Biodiversity and Environmental Research (IBER) plots data Throughout this guideline, IBER plots refer to the permanent plots listed in Appendix 1. 1. Proposal submission 1.1 Requests to work in IBER plots and/or for use of IBER plots 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 work in IBER plots and the use of IBER plots 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 use of the plots data 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.
Transcript
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Guidelines for the use of the Institute for Biodiversity and
Environmental Research (IBER) plots data
Throughout this guideline, IBER plots refer to the permanent plots listed in Appendix 1.
1. Proposal submission
1.1 Requests to work in IBER plots and/or for use of IBER plots 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 work in IBER plots and the use of IBER plots 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 use
of the plots data 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.
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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
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 The IBER plots, with the exception of the 25 ha CTFS-AA/UBD plot, do not have
officially designated Principal Investigators (PIs).
3.2 Any UBD-based academic intending to use IBER plots for their teaching and research
at UBD must contact the Director IBER to obtain permission to work in the plots.
3.3 Any UBD student, research fellow, postdoctoral researcher, visiting academic or
visiting researcher interested in using IBER plots for their research while based at UBD
must contact the Director IBER to obtain permission to work in the plots. This
permission request must be submitted by their supervisor(s) or host academic at UBD.
3.4 Any international researcher interested in using IBER plots and plots data must
contact the Director IBER to obtain permission to work in the plots. The Director IBER
will then disseminate information on the potential collaborations to the appropriate
UBD-based plot researcher(s).
3.5 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(s) 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 data from IBER plots (including past, present and future re-census work, within
these plots) will remain under UBD’s institutional control.
4.2 IBER plots data are the intellectual property of UBD and is managed through IBER as
the authority. The use of IBER plots 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 plots data will be granted by the Deputy Vice Chancellor following
recommendations from IBER. UBD-based plot researchers will be consulted when
their data are used and must be offered co-authorship.
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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 plots 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.
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, continuation of studies and/or re-
census of plots.
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 plots 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 There must be at least one Bruneian co-investigator from amongst full-time UBD
academic staff as a member of the project team.
5.3 Expatriate academic staff of UBD can lead the project team or be a part of the
project team. However, the project must have a permanent Bruneian UBD co-
investigator who is well-versed with the project, to ensure its completion in the
event the expatriate’s contract is terminated.
5.4 The project team is encouraged to include UBD students, in particular local
Bruneians, as part of the project to increase local capacity building.
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6. Co-authorship
6.1 All publications that use IBER plots 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 The original data collectors and those involved in subsequent re-censuses of the IBER
plots will not be automatically involved as research collaborators, but reserve the
right to request co-authorship where appropriate.
6.4 Where IBER plots 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 that publish
significant aspects of IBER plots data.
6.5 Current UBD-based plot researchers who have active ongoing research at the plot,
and/or hold grants for plot work, and are responsible for data collection should be
included as co-authors. Their international collaborators who have previously
collected data at the plots should be offered co-authorship.
6.6 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.
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.
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8.3 A softcopy of all plots 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, continuation of studies and/or re-
census of plots.
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.
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Appendix 1
Permanent plots under the administration of the Institute for
Biodiversity and Environmental Research (IBER)
The list of permanent plots in this appendix includes all plots under the administration of
IBER for which data from past research projects are currently available and collated within
IBER’s database. It also includes the list of researchers currently working in the plots
(marked as “In Progress”) for which data would be available to IBER upon completion of the
respective projects. Furthermore, we have outlined the history of establishment, present
status and progressive usage of these plots by researchers for different projects.
Established in 1991 by Sylvester Tan under the UBD-RGS Brunei Rainforest
Project
Re-censused in 1995 and 2000 by Dr Colin Maycock for KBFSC
Recensused in 2011 by Dr Radim Hedl, Dr Martin Svatek, Dr Rahayu Sukri and Dr
Faizah Metali
Soil data collected by Dr Radim Hedl, Dr Rahayu Sukri and Dr Faizah Metali in
2011
Voucher specimens were sampled in 2011 by Dr Radim Hedl
Plant identification conducted in 2013 by Dr Martin Dancak, Dr Radim Hedl, Dr
Rahayu Sukri and Dr Faizah Metali (In progress)
Canopy closure sampling using hemispheric photographs were done in 2011 (to 1
m height by Dr Radim Hedl) and in 2013 (8 levels upto 10 m height by Dr Radim
Hedl and Dr Zaboj Hrazsky)
5. Colin Pendry’s plots (Plot 1 to 9; 0.25 ha each)
Established in 1995 by Dr Colin Pendry under the UBD-RGS Brunei Rainforest
Project for KBFSC
Re-censused in 1998 by Dr Colin Maycock for KBFSC
Different altitudinal ranges as follows: Plots 1 to 3 (200 m a.s.l.), Plots 4 to 6 (500
m a.s.l.) and Plots 7 to 9 (850 m a.s.l.)
6. 25 ha UBD/CTFS-AA plot (Lowland Mixed Dipterocarp forest)
Principal investigators: Dr Kamariah Abu Salim (UBD) and Dr Stuart Davies (CTFS-
AA of Harvard University) – Established in 2009 (In progress)
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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 _____________________
(hereinafter referred to as the “Research”).
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) plots data; 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;
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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.
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. GENERAL
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).
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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.
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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 ____________________________
Signature ____________________________
[AP DR HAJAH ZOHRAH HAJI SULAIMAN] Deputy Vice Chancellor Universiti Brunei Darussalam
[__________________] IBER Research Collaborator/Lecturer of UBD Universiti Brunei Darussalam
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