Approved by URC: July 11, 2013
Material Transfer Agreement
Appendix – C
The Aga Khan University
SPECIMEN
Material Transfer Agreement
This is a specimen agreement and intended for information purposes only. Faculty members wishing to transfer material related to AKU research project to outside entities should contact the Office of Research & Graduate Studies for submission procedures. An appropriate “agreement/ contract” will be developed in consultation with AKU’s Legal Office for specific transaction.
Preamble
Clinical and diagnostic services at AKU obtain information on patients undergoing treatment and surgery and maintain record in the patient database for the advancement of treatment and research. Research studies at times also require additional patient related information, data and samples to broaden the scope of the study. For this purpose investigators from AKU often approach their fellow professionals in their respective specialty outside AKU for collaboration, which requires access and sharing of information and often transfer of material for research purpose. Material Transfer Agreement (MTA) ensures that the information shared will be used only for the purpose it is required and protects the intellectual property rights of collaborative partners.
Material = include research data (lab results, surveys, questionnaire tools), chemicals, cell lines, cultures, proteins, plasmids, nucleotides, bacteria, transgenic animals, pharmaceuticals, alloys, and educational materials with scientific or commercial value.
This agreement made this ___ day of _________________ (Month) in the year _________; between __________________________ and _______________________ (applicant), who is an AKU faculty. Where, applicant requests information from the ______________________ solely for research purpose.
Both parties (name above) hereby agree that:
1. During the term of this Agreement and pursuant to the terms and conditions herein after set forth, ………………………………….agrees to use its best efforts to provide applicant with information from the Material requested by the applicant and with prior approval from their authorities.
2. This Agreement and any transfer of Material hereto constitutes a limited and conditional authority on applicant for use of the information, and use thereof shall be limited to the specific use set forth in applicant’s Application and approval from the Ethical Review Committee of AKU. It is to be noted that other or multiple uses of the Material provided under this agreement is strictly prohibited unless prior written consent is obtained from the collaborator(s).
3. The Material provided or any part of it will not be sold or further distributed to others without written consent from the collaborator.
4. Upon completion of the study, any data, report(s) (X-rays or other radiological reports as whole or extracted out of the information acquired through this agreement will be returned back to the owner (collaborating institution).
5. No new experiment/ analysis (including analysis on blood samples) shall be performed on the left over Material without the prior permission of the owner.
6. Applicant will provide a copy of the final report to the collaborator.
7. From the collaborator’s side only those who are willing to contribute in substantial manner will be included as shareholders in this study.
8. Applicant will agree to include shareholder(s) as member(s) of the active group of the research project for which the Material is used. The collaborator will provide names of shareholders who are signatory to agreement.
9. In the case of scientific/raw/patient data is received by the applicant, he/she assumes all liability for data theft or copying that may arise from the use, storage or analysis of the data.
10. The Material is provided free of cost, or with an allowable transmittal fee solely to reimburse the collaborating partner’s institute for its preparation and distribution/transferring cost. If a fee is requested the amount will be indicated here: __________________.
11. The Applicant agrees to acknowledge the Aga Khan University and/or its project funder as a source of the data in any publications reporting use of it.
Collaborative partner at ___________________________________________ / co-Investigator at ___________________________________________________ will use his/her best efforts to provide all required and relevant information from the Material handed to the applicant:
1. Demonstrating scientific merit;
2. Receiving an approval from their ERC for the use of such Material;
3. Completing an application and agreement for Research use and
4. Complies with the terms and conditions mentioned in agreement.
Applicant’s Signature: ___________________________________________
Applicant’s Name: ___________________________________________
Department: ________________________ Dated:_____________
Research project for which the information will be used:
___________________________________________________________________
The Aga Khan University is a nonprofit entity and does not provide any warranties for research, results, or materials. AKU does not agree to indemnify a sponsor against harm or damages from use of results or materials, and is limited to the responsibility for our own negligent actions.
Recipient agrees to defend and indemnify the Aga Khan University, its trustees, appointees, employees and agents from all claims and damages in any way arising from the acquisition, use, storage or disposal of the Materials by RECIPIENT.
THE AGA KHAN UNIVERSITY
By
Office of Research & Graduate Studies Date
RECIPIENT OFFICIAL
By
Signing Official for the Institution Date
Print Name:
Title:
Read and understood by RECIPIENT INVESTIGATOR
By
Recipient Investigator Date
Printed Name:
1