Policy No: RESEARCH 9.0
Type of Policy: Administrative
Effective Date: December 2013
Last Revised: December 2013
Policy Owner: GTRC-IE
Policy Contact: Kevin Wozniak, Executive Director, firstname.lastname@example.org
1. Policy Statement
Georgia Tech researchers may find it necessary to enter into agreements with entities or individuals outside Georgia Tech to facilitate a research project. Such agreements may describe understandings about roles and responsibilities in a potential research collaboration, permit the exchange of non-public proprietary information or date, or the exchange of materials for use in research. It is the policy of Georgia Tech such agreements shall:
- Be negotiated by the office responsible for the agreement,
- Be signed by an individual authorized by Georgia Tech to do so,
- Include a start date and a termination date consistent with the project, and
- Become part of the project file for research awards, for human subjects protocols, and IACUC protocols for which the agreement is relevant.
These agreements may be executed by Georgia Institute of Technology, by Georgia Tech Research Corporation, or by Georgia Tech Applied Research Corporation. These agreements themselves are not confidential although material or data exchanged pursuant to them may be considered proprietary.
It is the policy of the Georgia Institute of Technology that when proprietary information must be exchanged and Georgia Tech and an outside partner have determined to enter into a contract, a non-disclosure agreement (NDA) is used to outline the terms under which the proprietary information shall be exchanged. To initiate an NDA, please complete the NDA Routing Form, which is processed by the Office of Legal Affairs http://www.legalaffairs.gatech.edu/.
Material Transfer Agreements
It is the policy of Georgia Tech that when faculty or staff at Georgia Tech want to send materials to or receive materials from companies, that a Materials Transfer Agreement (MTA) should be utilized. A MTA clarifies how the materials may be used and defines rights and responsibilities for both the provider and the recipient. The Office of Industry Engagement handles all incoming and outgoing MTAs. http://industry.gatech.edu/researchers/forms/
Memoranda of Understanding (MoU)
It is the policy of Georgia Tech that when two or more parties wish to engage in a collaborative effort in research, education or other activities that furthers the mission of Georgia Tech that a Memoranda of Understanding [MOU] is utilized. MOUs are legal agreements defining the roles and responsibilities. MoUs do not include terms and conditions for funding, exchange of materials, non-disclosure of proprietary information, licensing or future licensing of intellectual property, or specific research activities. MoUs may, however, describe how agreements for such activities will be negotiated and establish a timeline for doing so. For more information see http://www.legalaffairs.gatech.edu/
This policy applies to all Georgia Tech Faculty and Staff.
|NDA Routing Form||http://www.legal.gatech.edu/sites/legal.gatech.edu/files/assets/NDA_Routing_Form%20%28fillable-2013%29.pdf|
|Incoming Material Transfer Initiation Form||http://industry.gatech.edu/wp-content/uploads/2012/11/MTA-Initiation-Form-INCOMING-2012-02-14.doc|
|Outgoing Material Transfer Initiation Form||http://industry.gatech.edu/wp-content/uploads/2012/11/MTA-Initiation-Form-OUTGOING-2012-02-14.doc|
4. Related Information
|Office of Legal Affairs||http://www.legalaffairs.gatech.edu/|
|Industry Engagement – Forms and Agreements for Researchers||http://industry.gatech.edu/researchers/forms/|
5. Policy History